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Source: January 1983 Volume 21 Number 1, Pages 11–16

The Will and Estate of General Anthony Wayne

from the records of Chester County Records

Page 11

Although he was not yet fifty years old, in the early summer of 1794, Major General Anthony Wayne was obviously tired. He was also suffering badly from the gout. And he was deeply concerned about his army, and its prospects for success in its mission to obtain peace with the Indians, a campaign now in its second year.

Twice before armies on similar missions had not been successful. In 1790 troops under General Joseph Harmer had been turned back by the natives, and in the following year forces under General Arthur St. Clair had met a disastrous defeat at the hands of the Miami and Shawnee, led by Chief Little Turtle.

Now Wayne and his Legion were facing not just two tribes, but a confederacy of Miami, Shawnee, Chippewa, Wyandot, Delaware, and Iowa. His scouts reported that the enemy had mustered some 2,000 Indians, urged on by the British and ready to attack. In addition, there were a like number of British regulars and Canadian militia at Detroit and Niagara, commanded by John Graves Simcoe, formerly the leader of the Queen's Rangers and now Governor of Upper Canada. That they might join in an Indian attack on the Americans' Fort Greeneville was also a possibility.

Internally, Wayne's Legion was beset by restlessness, jealousy, and secret plots among the officers. One of the officers, General James Wilkinson, had gone so far as to file formal charges against his commander, alleging that Wayne was guilty of fraud, speculation, and theft of army funds.

Page 12

While the accusations were not taken seriously by the President or Secretary of War in Philadelphia - Secretary Henry Knox wrote Wayne privately that the reports "died of their own imbecility" - they nonetheless had a serious affect on the army's morale. There was also resentment in some cases over General Wayne's strong measures and courts martial to maintain discipline.

Wayne was also concerned about the condition of his supplies. The contract for the supplies had been granted by Congress to two small western merchants, Robert Elliott and Eli Williams, neither of whom had had previous experience with army work. Where Wayne had expected a three months' supply of food at Greeneville to launch his campaign, in fact on May 1st there was only an eight day supply of meat and a nineteen day supply of flour on hand. As a result, it was not possible for him the begin his campaign until summer, when the Indians were better able to meet it.

On top of all this was the constant ache of the gout from which Wayne suffered. From time to time it was necessary for three men to help him onto his horse; on other occasions he was even confined to his bed.

It was under these circumstances that, on July 14, 1794, General Anthony Wayne made his "last Will & Testament". His weariness, and perhaps some bitterness, are Reflected in the document.

"I, Major General Anthony Wayne, Commander in Chief of the Legions of the United States of America," the will began, "being in perfect health, & of sound mind & memory, considering the Certainty of Death, & the possibility that that event is not far distant, from the Awful & Solemn interview now on the point of taking place, between this Army & the Hostile Savages of the West, have determined to make this my last Will & Testament, in manner following. That is to say

"I give and Bequeath all my landeded [sic] Estate called Waynesborough, Situate in the Townships of Easttown and Willistown in the County of Chester & State of Pennsylvania, containing Five Hundred Acres (be the same more or less) to my only & beloved Son Isaac Wayne (student at law), his Heirs & Assigns, on condition that he releases all his right and title to and in a certain lot & three story brick house & tennement situate in the City of Philadelphia, between Market & Walnut Streets, on the East side of Second Street, to his sister Margaretta Atlee her Heirs & Assigns.

"I also give & Bequeath a Certain lot of land situate in the Town of Harrisburgh in the County of Dauphin & State aforesaid to my sold son Isaac Wayne his Heirs and Assigns. I give and Bequeath to my only & affectionate Daughter Margaretta Atlee - wife of Wm R. Atlee, Esq. & her Heirs & Assigns the lot of land & three story brick house thereon erected Situate on the East side of Second Street between Market and Walnut Streets in the City of Philadelphia as before mentioned.

Page 13

I also give & Bequeath to my said Daughter Margaretta her Heirs & Assigns all my Donation Lands, Granted to me by the Legislature of Pennsylvania, as a small compensation for my Services as a Brigadier General during the late war, Situate in the Western parts of the State, being Fifteen Hundred Acres more or less. I give and Bequeath to my Son Isaac Wayne his Heirs & Assigns, the Fifteen Hundred Acres of Donation Lands Granted by the Congress of the United States of America as some retribution for the loss of blood I sustained in the defence of the Liberties of America in many a well fought field, from the frozen Lakes in Canada, to the burning sands of Florida.

"I also give & Bequeath to my said Son Isaac Wayne his Heirs & Assigns a Certain tract piece or parcel of Land Containing Fifteen Hundred Acres more or less of inland Rice swamp Situate on the head of the tide waters of the Little Setilla in the County of Camden & State of Georgia known by the name of Hazzard's Cowpens, as particularly mentioned & described in a Deed of Conveyance made to me by William Hazzard Esq. of the State of South Carolina in the year 1735. I give & Bequeath my Large Landed Estate in the Province of Nova Scotia & Situate on the Rivers Petticodiac, St. John & Inhabitants River near Annopolis [sic] royal and all & everything of my Real & personal Estate (not herein before particularly mentioned) of which I may be possessed or entitled to at the time of my death to be equally divided between my said Son & Daughter Isaac & Margaretta, their Heirs and Assigns, after paying all my just debts. I hope & trust that the Balance in favor of my Children will be considerable, notwithstanding my many losses & misfortunes, particularly shou'd my much Esteemed friend Sharp Delany Esq survive to settle & adjust the large account subsisting between us which amount to Several thousands of pounds. 1 therefore most earnestly desire, as a last request, that those accounts may be amicably, fairly & liborly [sic] settled by that friend & my other Executors. Nothing new remains but to recommend my Soul to an Almighty & merciful God. And I also hereby appoint my well beloved Son Isaac Wayne my dear Friendn Sharp Delany & Wm Lewis, Esq. of the City of Philadelphia Executors of this my last Will & Testament, which shall not be Viciated [sic] or made void for want of due form of Law, & I do revoke all other Wills by me heretofore made.

"In witness whereof I have herewith set my hand & Seal this 14thday of July One Thousand Seven Hundred & Ninety four."

Wayne's "hope & trust that the Balance in favor of my Children will be considerable" proved to be well-founded. Excluding his real property, the balance before "discharges" was $16,481.49, according to the final accounting filed by his son Isaac Wayne as Executor.

Included in this total were $3,416.00, "being [the] amount of money recovered from Edward Penman of Charleston South Carolina as per acct rendered", and $499.95, "being [the| amount of money recovered from Adam Turro, of Charleston S Carolina as per acct rendered". (To collect these amounts, a sum of $356.25 was paid to Richard M. Stiles for "fees and sundry expenses incurred in the conduct of two suits respectively against Adam Turro and Edward Penman".)

Page 14

Other credits were $2310.68, the "balance of Gen'l Wayne's a/c with the late bank of the U States"; $3181.00 "received on bill drawn by Caleb Swan Paymaster Gen'l of the Legion of the U States on the Treasurer of the U States in favour of Gen'l Wayne"; and $5850.84. "from the Treasury of the U States being the balance due from the U States on a final settlement of the late Gen'l Wayne's a/c with the U States agreeably to an act of Congress passed 1811", and presumably further "retribution" for his "loss of blood" and other services.

In addition, there was $80.00 "arising from the sale of Two riding Sulkies" and $1123.02 as the "amount of Two Inventories" of Wayne's effects and personal property at Waynesborough and in his Philadelphia home. (These inventories also indicate the real worth of an estate of more than $16,000 at that time.)

His property included not only clothing, furniture and household goods, but also three horses, two guns, a "pistole", a telescope, thermometer, spy glass, medals, instruments, a clock, watch and chain, twenty-seven pictures, and a library of more than one hundred books.

The "list and valuation of the Personal Property of the late Gen'l Wayne which is at the place called Waynesborough" included

		Valuation:				Valuation:
Species	Quantity	Dollars	Cents	Species	Quantity	Dollars	Cents
Glasses	5	53		Cups	17	8
Beds	5	39	67	Saucers	12	9
Blankets	15	15		Plates	55	5
Sheets	14	14		Telescope	1	20
Curtains	2	9		Medals	2	20
Carpets	2	20		Cloths	17	17
Hand irons	3	8		Bowls	3	1
Trunks	7	7		Decanters	5	1	50
Pictures	27	16		Wine glasses	12		60
Shovels	3	1		Tumblers	5	1
Tongs	3	2		Lamp	1	1
Books	94	60		Guns	2	8
Clock	1	16		Waiters	2	2
Tables	7	28		Knife case	1	1
Drawers	3	40		Barrels	7	2
Chairs	13	40		Halyards	1	2	50
Instruments	2	8		Windmill	1	2
Bed stead	3	12		Cuting Box	1	1
Candlesticks	5	10		Tablecloths	13	12
Spoons	12	12		Pillowcases	10	1	50
Old iron	Lot	7
Pots	6	4
Pans	5	3		Total		530	77
Knifes	15	1
Forks	13	1

Page 15

This Inventory was made on March 15th, 1797 by James Rowland and Frederick Landes. The valuations, incidentally, they reported, were made "after mature deliberation".

The "List & valuation of Genl Wayne's property in Philadelphia" was also made in 1797, by Robert Erwin and John Dunwoody. It included

		Valuation:				Valuation:
Species	Quantity	Dollars	Cents	Species	Quantity	Dollars	Cents
Horses	2	300		Curtains	2	3
Trunks	3	4		Shirts	16	20
Books	14	5		Pocketbook	1	3
Coats	3	19		Spy glass	1	5
Jackets	10	15		Thermometer	1		75
Breeches	16	32		Watch	1	20
Knickerbockers	*	6		Chain	1	1	50
Stockings	13	13		Epaulets	1	12
Cravats	6	6		Spoons	24	30
Shoes	3	2		Tumblers	24	12
Boots	3	12		Eagle badge	1	5
Buckles	1	1		Spoons	1	1	50
Portfolio	1	5		Instruments	1	8
Saddle	1	8		Blanket	1	1	50
Bridle	1	3		Tablecloth	1	1	50
Sword	1	8		Gown	1	1
Pistoles	1	20
Canteens	1	2		Total		592	25

After various "discharges", including $1318.52 as "Compensation to the said Executor Isaac Wayne for his care and trouble in the administration of the said Estate, say 8 per Cent, on $16,4-18.89", the final estate without the real estate amounted to $12,037.64.

Despite Wayne's apparent concern at the time he prepared his will, less than six weeks later his Legion decisively defeated the Indian "confederacy at the battle of Fallen Timbers.

Two weeks after he prepared his will, on the morning of July 28th, the army left Greeneville. The troops moved directly through the center of the Indian country and occupied the deserted village of Au Glaize on August 8th, There they constructed a fort, which Wayne named Fort Defiance (now Defiance, Ohio), and made final preparations to meet the Indians, still about forty miles away along the Maumee river. Another stockade, Fort Deposit, was built eight or nine miles from Fort Defiance as a base for Wayne's heavy baggage. On August 20th the Legion moved out from the two forts to begin the attack.

Page 16

The "Awful & Solemn interview" that ensued lasted less than forty minutes. The Indians, led by Little Turtle, Blue Jacket and Tecumseh, were completely routed. When the British refused them sanctuary and shelter at Fort Miamis following the battle, the peace treaty the Americans were seeking was virtually assured, though it was not officially concluded until August 3, 1795, almost a year later. The mission that General Wayne and his Legion had been assigned by the President was now accomplished.

It was not until December 15, 1796 that the "Certainty of Death" became a reality for Wayne, On that day he died at Presqu'Isle (now Erie) - not in battle, as he had thought a "probability", but from the gout from which he had suffered so.

He was buried there, in the stockade, at the foot of the flagpole. In 1809 his remains were brought back to old St. David's Church at Radnor, not far from his birthplace and home at Waynesborough.

Drawing by Evelyn Rangl, Tomb of General Anthony Wayne at old St. David's Church