WILL AND CODICIL OF

ISABELLA STEWART GARDNER

PROBATED JULY 2 3, 1 92 4

In the Probate Court of Suffolk County

COMMONWEALTH OF MASSACHUSETTS

WILL AND CODICIL OF ISABELLA STEWART GARDNER I, Isabella Stewart Gardner, widow of John Lowell Gardner, of Boston in the Commonwealth of Massachusetts, do make and publish this my last will, hereby revoking all wills by me heretofore made.
First: I direct my executors to pay the following legacies:
Legacies

1. To the Trustees of the Boston Public Library, for the Brown Musical Library in the Boston Public Library, for a memorial to B. J. Lang, five thousand dollars ($5,000). 2. To my Goddaughter, Sybil Appleton, daughter of R. M. Appleton, five thousand dollars ($5,000). 3. To Maud Howe Elliott, wife of John Elliott, ten thousand dollars ($10,000). 4. To Alison Haughton, ten thousand dollars ($10,000). 5. To Mary Winslow, wife of Dr. Frederick Winslow of 275 Clarendon Street, Boston, and of Nahant, ten thousand dollars ($10,000). 6. To my Goddaughter, Katherine Foote, daughter of Arthur Foote, ten thousand dollars ($10,000). 7. To my Godchildren, the three children of Professor Arthur Pope, of Harvard College, five thousand dollars ($5,000) each. 8. To my Goddaughter, Lois Smith, daughter of Joseph Lindon Smith, twenty thousand dollars ($20,000). 9. To Dodge MacKnight, of East Sandwich, Massachusetts, five thousand dollars ($5,000). 10. To the Church of the Advent in Boston, five thousand dollars ($5,000). 11. To the Town of Brookline, for the Brookline Public Library, five thousand dollars ($5,000). 12. To Pablo Casals, I give my violincello now in his possession.
Second: I give to my Executors or Executor, ten thousand dollars

in trust to distribute the same among such of the persons employed by me, or formerly employed by me, and in such sums, as my Executors, or Executor may deem best.
($10,000 )

Employees

2 Thir d:

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Cushing, Endicott, Higginson, Johnson, Pope and Sleeper, in trust as a Museum for the education and enjoyment of the public forever, but no works of art shall be placed therein for exhibition other than such as I, or the Isabella Stewart Gardner Museum in the Fenway, Incorporated, own or have contracted for at my death. And I direct that, if any question arises as to what is intended or destined for said stories other than the fourth story and the attic, the judgment of my Executors or Executor shall be final. 2. Whereas in the foregoing paragraph I have bequeathed all my interest in certain personal property, and whereas the legal S h a r e s i n I S G title to it or to a portion of it is in the Isabella Stewart M u s e u m Gardner Museum in the Fenway, Incorporated, and whereas it is my intention that all the property of the Isabella Stewart Gardner Museum in the Fenway, Incorporated, shall be and remain in the Museum established under this will, now, therefore, I give and bequeath all my shares in the Isabella Stewart Gardner Museum in the Fenway, Incorporated, to said Coolidge, Cushing, Endicott, Higginson, Johnson, Pope and Sleeper, to be held in trust for the purposes of the Museum established under this will, I hereby directing the Trustees so to hold and manage said shares that all the property of the Isabella Stewart Gardner Museum in the Fenway, Incorporated, shall be and remain forever in the Museum established under this will subject to all the provisions of this will relating to the Museum so established. And I authorize the said Trustees, as the holders of all the shares of the Isabella Stewart Gardner Museum in the Fenway, Incorporated, to procure its dissolution, and the transfer and delivery of all its property to them as Trustees to be held in trust for the purposes of the Museum established under this will in accordance with all the provisions of this will relating to said Museum. 3. I also give to the said Coolidge, Cushing, Endicott, Higginson, Johnson, Pope and Sleeper, and the survivors and survivor of them, and the representatives of the survivor, the sum Museum Of one million two) hundred thousand dollars ($ 1, 200, 000) in trust to apply the income ()I' it to maintain

1. To Harold J. Coolidge, Grafton D. Cushing, William C. Endicott, Francis L. Higginson, Jr., and Arthur F. Johnson, all of Boston, and to said Arthur Pope, and to Henry D. Sleeper of Gloucester, and the survivors and survivor of them, and the heirs of the survivor, I devise all the land which I own in Boston, and especially the land comprising my estate known as Fenway Court, and my land adjacent thereto, situated on the Fenway, the Tremont entrance to the Fenway Park, and Worthington Street, which tract includes the lots conveyed to me by deeds of Augustus P. Loring, dated January 31, 1899, and June 13, 1899, recorded with Suffolk Deeds, Lib. 2620, Fol. 107 and 109; deed of Moses Williams et al., Trustees dated February 26, 1900, recorded with Suffolk Deeds, Lib. 2667, Fol. 306; deed of Henry M. White, dated January 1, 1901, recorded with Suffolk Deeds, Lib. 2728, Fol. 25; deed of Moses Williams, et al., Trustees, dated June 16, 1906, recorded with Suffolk Deeds, Lib. 3136, Fol. 170; deed of Paul and Rachel S. Thorndike, acknowledged March 22, 1907, and recorded with Suffolk Deeds, Lib. 3197, Fol. 493; deed of Charles Paine, dated November 20, 1911, and recorded with Suffolk Deeds, Lib. 3589, Fol. 232, and deed of Moses Williams et al., Trustees, dated January 8, 1913, and recorded with Suffolk Deeds, Lib. 3700, Fol. 631, with the buildings thereon, and I also bequeath to the said Coolidge, Cushing, Endicott, Higginson, Johnson, Pope, and Sleeper, and the survivors and survivor of them, and the representatives of the survivor, all my interest in the pictures, statuary, works of art, bric-a-brac, furniture, books and papers, contained at my death in all the stories of the main building of said Fenway Court other than the fourth story and the attic, and also in or upon the grounds adjoining said building, and all such articles as are above mentioned wherever situated intended or destined to be contained in those stories other than the fourth story and the attic, including all the property in which I own the beneficial interest through my ownership of all the shares of the Isabella Stewart Gardner Museum in the Fenway, Incorporated, all the aforesaid real and personal property to be held by said Coolidge,

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is not required for the maintenance of the Museum. I prefer that the vacant land shall remain open, but if the Trustees deem it necessary or expedient for the protection or benefit of the Museum, they may erect buildings thereon, and any income derived from such buildings shall be treated as part of the income of said trust fund. 3. I direct that on the fourteenth of April in every year the Trustees shall have a Memorial Service conducted by the Society of St. John the Evangelist, otherwise known as the Cowley Fathers, in the Chapel at the end of the long gallery in the building occupied by the Museum established under this will. 4. I direct that if the persons who have been present from year to year at the Christmas Mass in the same Chapel so request, they shall be permitted by the Trustees to have two services in each or any year, which services those persons or their descendants may attend, but that whoever holds the services so permitted must supply whatever things may be necessary for them, including the chalice. Fifth. Whereas the whole of the income of said fund of one million two hundred thousand dollars ($1,200,000) may not be needed for the maintenance of this Museum on the terms and on the lines laid down by this will, particularly as I believe that the interest in the Museum and its value to the public will best be sustained and furthered by opening it only on certain days and also by charging an admission fee, and whereas I am desirous and I hereby direct that there shall be no extravagant expenditure in maintaining the Museum but only such as is necessary or proper and reasonable for its maintenance, and whereas there may be from time to time a surplus of such income over the amount needed for its proper and reasonable maintenance and over the amount required for the improvement of the vacant land adjoining; Now, therefore, if, at the end of any successive period of five years, there is such a surplus which has not been expended, and which in the opinion of the director and Trustees will not be needed for the purposes of the Museum or of the improvement Of such vacant land for the benefit of the Museum, I direct the Trustees to pay such surplus to the Boston Lying In

7 pital, and to The Massachusetts General Hospital, in such proportions as they may deem best, but whatever is thus paid to the Massachusetts General Hospital to be used by it to maintain a free bed. Sixth. The Trustees above mentioned shall have the right Perpetuation of Board of to resign, and upon the death, declination or resignation of Trustees, Investments any of them, the remaining Trustees shall have the right to by, etc. fill the vacancy or vacancies by the election of a new trustee or trustees. The persons who are at any time trustees hereunder shall have all the rights, powers, discretion and duties given to the Trustees herein named; and shall also have the power to manage the trust fund, to make and change investments from time to time, to sell any property real or personal, of which the trust property may at any time consist, but not including the land or personal property devised and bequeathed for the purposes of the Museum established under this will; to pay expenses of changing investments, the cost of repairs and insurance premiums, out of the principal or income as they may deem best; to pay out the whole of the interest, profits or dividends of any investments as income, in their discretion, although the same are wasting securities or have beer,, received or purchased by them above par, but, although they are not compelled to do so, yet they may, if they see fit to, in their sole discretion, retain a portion of the income of wasting securities to diminish the cost or book value of the principal; and generally to decide all questions between principal and income in their uncontrolled discretion, in each case as it may arise; and they shall have power to act on all questions by a majority of their number; and any conveyance, transfer, assignment, contract, appointment or other instrument, signed by a majority of the Trustees for the time being, shall have the same force and validity as if it were signed by :ill. The Trustees hereunder shall have the right to put ally securities in the names of two or more of their number, as Trust under this will, all({ the Trustees so named , or their survivors or', or survivor, shall 11a\ c power to and transfer such securities, and to execute power, OI attorney, proxies to vote, dividend orders" subscriptions and Other instruments-

ments relating to such securities. I also request that all persons who shall be at any time Trustees under this will shall be exempted, as far as may be legally possible, from furnishing any bonds, filing any inventory or rendering any account, which they might otherwise be required to do. No trustee hereunder shall be liable for retaining bonds or securities unregistered, for leaving securities in the possession or control of any other of the trustees, for any error of judgment, or for anything except his own willful personal default. Seventh. If at any time the Trustees above mentioned shall place for exhibition in the Museum established under this will any pictures or works of art other than such as I or the said Isabella Stewart Gardner Museum in the Fenway, Incorporated, own or have contracted for at my death, or if they shall at any time change the general disposition or arrangement of any articles which shall have been placed in the first, second and third stories of said Museum at my death, except in the kitchen and adjoining bedrooms on the first floor, then I give the said land, Museum, pictures, statuary , works of art and bric-a-brac, furniture, books and papers, and the said shares and the said trust fund, to the President and Fellows of Harvard College, in trust to sell the said land, Museum, pictures, statuary, works of art and bric-a-brac, furniture, books and papers, and to procure the dissolution of the said Isabella Stewart Gardner Museum in the Fenway, Incorporated, if it has not already been dissolved, and convert its property into money, and to in vest the proceeds of the same in income bearing securities or in land, and to employ the net income thereof and of the said sum of one million two hundred thousand dollars ($1,200,000) in the increase of the salaries of professors of said college, or in sustaining scholarships, but the income of no scholarship shall be less than one thousand and two hundred dollars ($1,200) a year. The said President and Fellows of Harvard College shall have power to change investments from time to time; and in selling the pictures, statuary, works of art and bric-abrac which have belonged to me or to the Isabella Stewart Gardner Museum in the Fenway, Incorporated, in order

9 to invest the proceeds in income bearing securities or in land, I direct them to sell the same in Paris, France. Eighth. All my furniture, books, pictures, plate, clothes (including furs and laces) jewelry, and all other belongings of a personal character not otherwise bequeathed by this will, I give to Olga Eliza Monks, if she survives me, but if she does not survive me, then to Mary, wife of J. Randolph Coolidge, Jr. And any memoranda I may leave as to the disposition of any of the objects bequeathed by this Article is not intended to create and shall not create any trust.
Personal effects

Ninth. All the residue of my estate, real and personal I give to the Industrial School for Crippled and Deformed Children, Residue the Massachusetts Society for the Prevention of Cruelty to Children, the Animal Rescue League of Boston, Massachusetts, and the Massachusetts Society for the Prevention of Cruelty to Animals, in equal shares, I hereby intending that the gift to the Animal Rescue League of Boston shall be in memory of the dogs Foxey and Rowley, and I hereby directing that the gift to the Massachusetts Society for the Prevention of Cruelty to Animals is on the condition and subject to the charge that the said Society shall expend each year the sum of seventy-five dollars (, 75 ) for a free stall in memory of three horses, Dolly, Pluto, and Lady Betty, and that it shall expend each sum Of thirty-five dollars ($35) for a free kennel in memory of the dogs Kitty Wink and Patty Boy.

Tenth. I direct that all legacy and other taxes due on account of legacies given by me out of my own estate, and all taxes imposed on my estate, shall be paid out of the residue of my own estate if that residue is sufficient therefore. Eleventh. Whereas , under the will of my husband, I have a power of appointment over certain trust funds or property, now therefore, by virtue of said power, I make the following gifts and appointments of and with relation to said trust funds or property: 1. If my husbands niece, Olga Eliza Monks, survives me,
,

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I give and appoint to her the Warren House, so called, with lot of land on which it stands, on Warren Street in Brookline, adjoining Green Hill; but this gift and appointment is on condition subsequent that she or her representatives shall within six (6) months after my death pay the sum of five thousand dollars ($5,000) for the house and land to the Trustees under my husband's will to be disposed of as a part of the said trust funds or property. 2. In case the said Olga Eliza Monks shall accept and pay for the house and land appointed to her, I bequeath to her all the contents of the house and all objects upon the land. 3. If the said Olga Eliza Monks shall not survive me, or shall not accept the Warren House and land, or if she or her representatives shall fail to fulfill the said condition subsequent, both house and land shall be disposed of by this my will as a part of the said trust funds or property. 4. If my own estate shall not be sufficient to pay all the legacies and bequests given by the first eight Articles of this will, I give and appoint out of the trust funds or property over which I have a power of appointment under the will of my husband, as great a sum as may be necessary to supply the deficiency in my own estate, and I direct that the said legacies and bequests shall be paid in full out of the said sum added to so much of my own estate as is applicable thereto under this will. S. All legacy and other taxes due on account of appointments made by this will out of the trust funds or property over which I have a power of appointment under my husband's will, and all taxes imposed On the said trust funds or property, I direct shall be paid out of the said trust funds or property. If the residue of my own estate shall not be sufficient to pay all legacy and other taxes due on account of legacies given by me out of my own estate, and all taxes imposed on my estate, I give and appoint out of the trust funds or property over which I have a power of appointment under the will of my husband, as great a sum as may be necessary to supply the deficiency in my own estate, and I direct that all said legacy and other taxes due on account of legacies given by me out of my own estate, and all said taxes imposed on my estate, shall be paid in full

11 out of the said sum added to so much of the residue of my own estate as is available therefore. 6. Out of the balance, if any, remaining, of the said trust To grandnephews and grandnieces funds or property over which I have a power of appointment under my husband's will, I give and appoint to Joseph Randolph Coolidge, Julia Coolidge Richards wife of Henry Howe Richards, Mary Eliza Coolidge, John Gardner Coolidge, Eleonora Randolph Coolidge, Oliver Hill Coolidge and Roger Sherman Coolidge, they being children of J. Randolph Coolidge, Junior, of Boston, Massachusetts, and Jane Revere Coolidge, Archibald Cary Coolidge, 2nd, Margaret Wendell Coolidge, Elizabeth Peabody Coolidge, Rachel Revere Coolidge, John Phillips Coolidge and Theresa Reynolds Coolidge, they being children of Julian L. Coolidge of Cambridge, Massachusetts, all the aforementioned being grandnephews or grandnieces of my husband, forty thousand dollars ($40,000) each; and I direct that if any of the said grandnephews and grandnieces shall die before me leaving issue him or her surviving at my death, the said issue shall take the parent's share by right of representation. But if the said balance shall not be sufficient therefore, I direct that it be equally divided among the said grandnephews and grandnieces living at my death, the issue then living of any of said grandnephews or grandnieces who may die before me to take the parent's share by right of representation. And I authorize and empower the trustees or trustee of the trust funds or property over which I have a power of appointment under my husband's will, in their or his discretion to make payment of the gifts or appointments provided for in this paragraph in whole or in part by the direct transfer of securities, the price at which such securities shall be transferred to be determined by the market value thereof at the time of each transfer, it being my opinion that it may be to the advantage of the appointees to receive a certain portion of his or her share in securities the market value of which, though depreciated, is likely to appreciate, rather than to have such securities sold at a loss. And I request that in case of any such direct transfer of securities the said trustees or trustee shall transfer to each appointee named in this paragraph a fair proportion of as many

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the Museum established under this will in accordance with all the provisions of this will. Fourth. In relation to the above devise and bequest and trust of said land and buildings and said works of art and furniture and books and other like articles and said shares and said fund of one million two hundred thousand dollars ($1,200,000) I make the following provisions: 1. I direct that Morris Carter shall be director of the Museum. He shall have the charge and custody of the said buildings and of all the pictures, statuary, works of art, bric-abrac, furniture, books and papers, belonging to the Museum, and shall have control of their arrangement and exhibition, subject to the terms of this will. He shall have the power to make suitable rules and regulations for the management of the Museum, and the conduct of the employees and visitors in the Museum. He shall have the sole power of appointing and dismissing in his uncontrolled discretion, all the subordinate officers and employees of the Museum, and he shall direct and order the expenditure of the entire income applicable to the maintenance of the Museum, whether derived from the trust fund or other sources, in such manner as he shall deem best fitted to carry out the purposes of this will, without being subject to the control of the Trustees above mentioned or of any other per-oil or bodies of persons, but subject always to the provisions of this will. He shall, in his discretion, charge and collect a fee from visitors to the Museum, as in my opinion the greatest good to the public and the community will be attained by charging such fee, any fees so collected to go to the Trustees for the benefit of the Museum. The legal title to the property shall be in the said Coolidge, Cushing, Endicott, Higginson, Johnson, Pope and Sleeper, and the survivors and survivor of them, and the heir and representatives of the survivor and they shall have the custody and investment of the trust fund. I direct that there be paid to Carter out of the income of the trust fund five thousand dollars ($5,000 ) yearly, and a proportionate sum for any fraction of a year, so long as he shall continue to be director, and that the rooms in the fourth story and the attic of said building, shall be appropriated, rent free, to his use, so long as he shall continue to be director. On his death, declination resignation, his successor as director shall be appointed by the Trustees above mentioned; and the Trustees shall appoint a director of the Museum whenever a vacancy shall occur, and shall have power to remove in their uncontrolled discretion any director appointed by them, but not the said Carter unless he be incapacitated from acting as said director. Every succeeding director so appointed shall receive the sum of five thousand dollars ($5,000) a year, and a proportionate sum for any fraction of a year, while he shall continue to act as director, and the rooms above designated for the use of said Carter as director shall be appropriated to the use of every succeeding director for the time of his directorship, rent free, and every such director shall have all the powers, rights and duties above given to the said Carter as director, subject only to the provisions of this will and to the power of the Trustees to remove him. I authorize the Trustees if, at any time they shall consider it advisable and expedient to do so, to increase the compensation of Morris Carter as director or that of any of his successors. And the Trustees shall allow to said Carter as director, and to each of his successors as director, a vacation of one month in every year, and the Trustees are authorized in their discretion to make this vacation two months instead of one in any year. I also authorize said Trustees, if they shall consider it advisable or expedient to do so, to employ not more than two servants for the use of said Carter or of any of his successors during the months of any year that said Carter or any of his successors shall as such director occupy the fourth story and attic of Fenway Court as above provided. 2. Unless the land conveyed to me by deeds of Charles, Paine, dated November 20, 1911, and of Moses William s et al., Trustees, dated January S, 1913, which is now vacant, shall have been built upon or otherwise made use of by me in some permanent manner before my death, the Trustees, ,hall make such use of the vacant land as they may deem necessary or expedient for the protection and benefit of the Museum and for this they may use any available income of the trust fund herein given to them which
Succeeding directors

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12 classes of securities as possible, taking into account the relative merits of the different securities, the number of appointees, the sum appointed to each, and the appointment made in the following paragraph of this Article. 7. All the residue, if any, of the said trust funds or property over which I have a power of appointment under the will of my husband, I give and appoint to the Trustees named in Article Third of this will, to be held by them as a part of the trust fund therein provided for in accordance with all the terms and conditions set forth in this will relating to said trust. Twelfth: I appoint Henry W. Swift and the said Harold J. Coolidge, both of said Boston, Executors of this will, and I request that neither of them be required to give any surety on his bond as executor. Thirteenth: I authorize my executors or executor at any time within three years after my death, to sell any real estate which I may own at my death, not including, however, any real estate specifically devised by this will or any codicil thereto. Fourteenth: If any question arises as to what furniture or other like articles of personal property pass under any of the provisions of this will or any codicil thereto, the decision of the executors or executor of my will shall be final. Witness my hand and seal this ninth day of May in the year one thousand nine hundred and twenty-one. ISABELLA STEWART GARDNER (Seal) Signed, sealed, published and declared by the above named Isabella Stewart Gardner as and for her last will in the presence of us, who, at her request, in her presence, and in the presence of one another, have hereto set our names as witnesses.
HERVEY VV. KING WILFORD L. SPENCER MARGARET J. Gamage.

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1, Isabella Stewart Gardner, widow of John Lowell Codicil appointing Gardner, of Boston, Massachusetts, make this codicil to my last A r t h u r F . will dated May 9, 1921, hereby ratifying and confirming said Johnson in place of will in all respects save as modified or supplemented by this H e nr y W . S wi ft instrument. In the event that Henry W. Swift of Boston, whom I have named as one of the executors of said will, shall decease or shall for any reason decline, resign, or be or become unable or disqualified to serve as such executor at any time before my estate shall have been fully settled, I appoint said Arthur F. Johnson of Boston as one of the executors of said will, with all the power and authority which I have therein given to said Henry W. Swift as such executor, and I request that said Arthur F. Johnson shall not be required to give any surety on his bond as executor. In Testimony Whereof I have hereunto set my hand and seal this seventeenth day of January, A. D., 1924. ISABELLA STEWART GARDNER seal

Signed, sealed, published and declared by the above named Isabella Stewart Gardner, on this seventeenth day of January, A. D., 1924, as and for a codicil to her last will in the presence of us, who at her request, in her presence, and in the presence of one another have hereto set our names as witnesses.
HERVEY W. KING MARY L' . LINNANE WM. R. COOK

Suffolk S. S. July 23, 1924 Probate Court A true copy Clara L. Power ,,Asst. Register (Seal)

[Words in margin are not part of the will.] will.]