PROVISIONS
OF THE
LAST WILL AND TESTAMENT
OF
DR. JAMES RUSH,
RELATING TO
THE LIBRARY COMPANY OF PHILADELPHIA.
THE PRIVATE BEQUESTS ARE OMITTED.
PHILADELPHIA:
COLLINS, PRINTER, 7005 JAYNE STREET.
1869.








WILL OF JAMES RUSH, M. D.
Be it remembered, That I, JAMES RUSH, of the city of
Philadelphia, M. D., do make this my last will and testament, hereby revoking all others by me heretofore made,
in manner following-that is to say:I will and direct that all my just debts, which will be
found very few in number and insignificant in amount,
shall be paid by my executor as soon as possible.
It is my intention, by a codicil or codicils to this my
will, to give considerable legacies, annuities, and devises
to different persons, but as I desire to take some time
for reflection on this subject, and as I have made up my
mind as to the disposition of my residuary estate after
the payment of these legacies, annuities, and devises;
now, therefore, I do hereby give, bequeath, and devise
my whole estate, real and personal, legal and equitable,
whatsoever and wheresoever the same may be, unto
my brother-in-law, HENRY J. WILLIAMS, of the city of
Philadelphia, his heirs and assigns, to be held by him
for and upon the following trusts and purposes, and for




and upon no other use, trust, or purpose whatever-that
is to say:In trust, after paying, providing for, and complying with all legacies, annuities, gifts, bequests, and
devises, declarations, and intentions which may be contained and expressed in any codicil or codicils to this,
my last will and testament, which I may hereafter make
(to be signed by me at the end thereof), whether the
same be formally drawn or not; to have and to hold
the whole residue and remainder of my estate, real
and personal, whatsoever and wheresoever the same
may be, for the following uses and purposes, viz:In trust, to select and purchase a lot of ground not
less than one hundred and fifty feet square, situate
between Fourth and Fifteenth and Spruce and Race
Streets, in the city of Philadelphia, and thereon to erect
a fire-proof building sufficiently large to accommodate and
contain all the books of the Library Company of Philadelphia (whose library is now at the corner of Fifth and
Library Street), and to provide for its future extension
according to plans, directions, and specifications which
I shall hereafter make or give; but if I should not make
or leave any such plans, directions, or specifications,
then to erect the same according to his best judgment
and to the views which I have expressed to him. It is
my wish that this building should be exceedingly substantial, completely fire-proof, without any large, lofty,
or merely ornamental halls or lecture-rooms; the whole
interior to be divided in such a way as to contain the




5
greatest number of books, to be well lighted, and so
arranged as to be of easy and convenient access.
AND UPON THIS FURTHER TRUST, SO soon as this building
is completed and ready for occupation, then in trust to
convey the same, with the lot of ground whereon it is
erected, unto "The Library Company of Philadelphia"
aforesaid, and their successors, for the uses and purposes
of their library, and for no other use or purpose whatever.
Provided, however, that before any such conveyance
shall be made to the said Library Company, they
shall, either by an alteration in their charter, or in some
other way satisfactory to my executor, bind themselves
and their successors to conform to and comply with the
following express conditions, and any others I may hereafter impose, under which they are to hold the said
property and all other bequests and devises herein or
hereafter given to them:First. That the said Library Company shall not cause,
allow, or permit any lectures, public orations, or oral
addresses or.exhibitions of any kind to be delivered,
given, or to take place on the said lot of ground, or in
the said building; nor shall they cause, allow, or permit
the formation of any museum, cabinet, gallery, or collection of natural history, statuary, sculpture, portraits,
or paintings thereon or therein, nor shall they use, apply,
or expend any funds, derived from me, or under my
will or any codicil thereto, in procuring or defraying the
expenses of any such lectures or exhibitions, public ora



6
tions, or oral addresses, or in the establishment or support of or for additions to any such museum, cabinet,
gallery or collection, painting, or portraits (and especially that of the testator) on the said lot and in the said
building or elsewhere.
These are objects foreign to and inconsistent with the
legitimate purposes of a public library, and it is only
for the preservation, extension, and free and convenient
use of such a library, without any ambitious or pretentious display, that it is desired to make provision.
Second. That all the accounts of the receipts and expenditures from the estates aforesaid, real and personal, shall be kept separate and distinct from all other
accounts of the said Library Company, and shall all be
headed and kept as the accounts of "THE RIDGWAY
BRANCH OF THE LIBRARY COMPANY OF PHILADELPHIA," SO
that it may be always easily and certainly ascertained
whether the application of those estates and the income
derived therefrom has been in accordance with the provisions of this my will.
And I further will, direct, bequeath, and devise that
whenever the said building shall have been completed
and transferred to the said Library Company, and the
preliminary conditions complied with, then my said executor shall assign, transfer, and convey, by one or more
deeds and instruments, all the rest and remainder of my
residuary estate not laid out and expended in the purchase of the lot and the construction of the building
aforesaid, and in the legal and customary charges and




7.
expenses, unto the said Library Company, to be held and
used by them and their successors for the following
uses, trusts, and purposes:First. In trust to keep the whole of the real estate
granted and conveyed to them by my executor, in good
order and repair, and to make from time to time such
additions to the library building as may be found necessary for the extension and preservation and convenient
use of the said library and all additions thereto.
Second. In trust, after paying all necessary taxes,
charges, and expenses incident to the said property, to
set aside annually ten per cent. of the clear net income,
to form a contingent fund, to be invested, and the interest added to the principal, which fund, or so much
thereof as may be required, shall be applied:First. To build upon, improve, alter, and renew any
lands and tenements hereby devised to the said Company, so as to increase the income derived therefrom.
Second. To make good and replace any losses from
the failure of any investments made of or from the property hereby bequeathed for the said Company; and,
Third. Whenever the said contingent fund  shall
amount to $30,000, then to pay over and apply the
whole surplus beyond the said $30,000 for the general
purposes to which the income of this residuary estate
is herein directed to be applied..
Third. In trust to pay all necessary salaries of the
librarian and his assistants, and the expenses of binding
and preserving the books of the whole library, making




8
cheap catalogues, and all charges incident to its care
and management. The said library is to be kept open
from nine o'clock A. M. until at or near sunset, except
on Sundays and holidays.
Fourth. And in trust, after complying with and fulfilling the previous trusts, and purposes hereinbefore contained and expressed, to apply the remainder or surplus of the said net annual income, or so much thereof
as may be necessary or desirable, to the increase and
extension of the said library.
But I direct that no portion of my real estate aforesaid shall be sold by the Library Company for ten years
after my death, nor then, unless it be absolutely necessary for the purposes of this trust, even if additional income should be derived therefrom; and in no case, unless
the said sales are sanctioned by a decree of the Orphans'
Court or a court of equity, which shall decide such sales
are not in contravention of the spirit of this my will.
And in order to enable my executor to carry out the
directions of this my will, I hereby authorize and empower him to grant, bargain, and sell any part or parts
of my real estate, at public or private sale, for any price
or consideration, with any restrictions, reservations,
covenants, or conditions, for cash or on credit, taking
security on the premises for the balance of the purchase
moneys; or to let on ground rent, mortgage, exchange,
or make partition of the same, or any part or parts
thereof; and to seal, execute, and deliver all deeds, conveyances, mortgages, assurances, or other instruments,




9
necessary for the purposes aforesaid, without any obligation on the purchaser or purchasers to see to or be responsible for the application of the purchase money or
other consideration, or for the propriety of the exercise
of this power.
And I further will, devise, and direct that all investments if any should be made by my executor, and all
those which may at any time hereafter be made by the
said Library Company from the principal or income of
my said estate shall be in ground rents or other real
estate in the State of Pennsylvania, or in bonds and
mortgages upon property within the said State, or in
loans of the said State, or of the United States; and
lastly, I hereby. appoint my brother-in-law, Henry J.
Williams, of the city of Philadelphia, executor of this
my last will and testament.
In witness whereof I have hereunto set my hand and
seal this 26th day of February, A.D. eighteen hundred
and sixty, 1860.
(Signed)      JAMES RUSH.
Witnesses-WM. F. JUDSON, J. S. FARMER,
R. S. HUNTER, J. S. FARMER.
October 16,'65.




10
FIRST CODICIL.
Be it remembered, That I, JAMES RUSH, of the city of
Philadelphia, M. D., do make this codicil to my last
will and testament, dated the twenty-sixth day of
February, A.D. eighteen hundred and sixty (1860),
in manner following-that is to say:
Whereas, By my said last will and testament, I have
provided that the bequests and devises to the Library
Company of Philadelphia are to be held under the conditions and restrictions therein contained, and any others
which I might thereafter impose; now, therefore, in
accordance with, and in execution of that provision, I
add and impose the following conditions, restrictions,
and directions:First. One of my objects in giving my residuary
estate for the use of the said Library Company was to
express my respect and regard for my father-in-law, the
late Jacob Ridgway, and my affection for and gratitude
to his daughter, Phoebe Anne Rush, by erecting to their
memories a monument which I hope will prove more
durable than any other grateful record I could make,
and be infinitely more useful to the community. As it
was from them  I derived the greater part of my property, which (under the special and prudent management of faithful and trustworthy agents) has enabled
me to devote happily, and undisturbed, the latter part of




11
my life to pursuits of scientific inquiry, which I have
designed to be more beneficial than the more common
enjoyment of an ample fortune, it is both just and
proper that I should thus employ it, the more especially
as Mrs. Rush had led me to believe that if she had
survived me, she would have applied it to a similar
purpose. Now, in order to carry out this intention in
a public and permanent form, I direct my executor to
have a marble slab, with the following inscription, on a
plain ground, with a border of simple moulding, without
any surrounding ornaments, placed and maintained on
some appropriate part of one of the interior rooms of
the new library building, in which my private library
and other personal effects are to be preserved,
THE RIDGWAY BRANCH
OF THE
PHILADELPHIA LIBRARY.
A MONUMENT TO THE MEMORY OF
JACOB RIDGWAY
AND OF HIS DAUGHTER
MRS. PH(EBE ANNE RUSH.
Second. I direct my executor to have. inserted in the
act of Assembly which will be required to carryv out the
provisions of my will and codicils, clauses enactingFirst. That not more than one-fourth of the directors
of the library shall belong to any one of the three
learned professions, of law, theology, or medicine. This
clause is, however, not intended to exclude any of the
present members from re-election.




12
Second. That the number of shares in the library
shall be limited to those actually issued at the time of
my death. But the managers, by their by-laws, shall
have the authority to allow any respectable person depositing an amount and paying an annual sum to be
fixed by the Board of Managers, to have the full and free
use of the library, as completely as if they were shareholders.
Third. That the library shall not connect themselves
with any other body, corporate or politic; my residuary
estate will form a large fund for the use of the library,
and I wish them to be free from every inducement to
go beyond what I consider the legitimate objects of a
library company.
Third. I will add that my reasons for choosing the
Philadelphia Library Company for my residuary legatee
and devisee are because it has always been conducted
quietly and unobtrusively, steadily pursuing the appropriate objects for which such libraries were established,
keeping entirely aloof from the excitement of politics
and of other means whereby public bodies so frequently
seek to obtain an evanescent and mischievous notoriety,
and because during my early life I derived great pleasure and advantage from the use of its books, and
from the readiness and civility with which they were
always furnished me.
Fourth. I understand that the Managers of Library
Company have never applied any of its funds to defray




13
the expenses of the very simple refreshments of which
they are accustomed to partake at the monthly meetings
of the board, but have invariably paid them from
their own personal means. I highly approve of this
course, which I fear is not very usual, and in order that
their example may be followed by their successors, I
direct that no part of the funds of the Ridgway Branch
of the Phildelphia Library shall ever be used or expended in providing refreshments, lunches (so called),
feasts, or entertainments for managers, visitors, shareholders, or for any other persons whatever.
Fifth. I do not wish that any work should be excluded
from the library on account of its difference from the
ordinary or conventional opinions on the subjects of science, government, theology, morals, or medicine, provided it contains neither ribaldry nor indecency. Temperate, sincere, and intelligent inquiry and discussion
are only to be dreaded by the advocates of error.
The truth need not fear them, nor do I wish the
Ridgway Branch of the Philadelphia Library to be encumbered with the ephemeral biographies, novels, and
works of fiction or amusement, newspapers or periodicals, which form so large a part of the current literature
of the day. The great object of a public library is
to bring within the reach of the reader and student
works which private collections do not, and cannot, contain, and which in no other way could be accessible to
the public. Its excellence will depend-not upon the




14
number of its volumes-but upon their intrinsic value,
and I wish this principle to be carried out by the managers, who, I hope, will never be influenced by the too
common ambition for mere numerical superiority.
Sixth. I give and bequeath all my pictures, my private library, my manuscripts, copyrights, and papers, and
also those of my father, Dr. Benjamin Rush (in my possession) to the Library Company, to be by them placed in
a room in the new building, and there safely kept. The
books may be used as the other books of the Library
Company, but this. room is not to be opened to gratify
idle or objectless curiosity.
Seventh. I will and direct that the building to be
erected for the Philadelphia Library Company, under
the provisions of my will, shall have a basement story,
of a height not less than eight feet six inches above the
level of the pavement at its front, leaving the height of
such basement in the rear to depend upon the grade for
the drainage of the lot. The entrance to the front of
the story, immediately above the basement, shall be by
a broad flight of stone steps. Other entrances may be
made in such places and manner as convenience or
necessity may require.
Eighth. If the Philadelphia Library Company should
omit or decline to accept my residuary estate on the
terms and conditions in my will and codicils contained,
or fail to comply with any of the preliminary stipula



15
tions and directions therein mentioned, then I give and
devise the whole residue of my estate, real and personal, whatsoever and wheresoever the same may be,
after paying and securing all annuities, bequests, legacies and devises, other than those to the said Library
Company in this, or any future codicil contained, unto
HENRY J. WILLIAMS, my executor, in my said last
will named, his heirs, executors and administrators in
trust therewith, to found and endow a public library
entirely distinct from and independent of the Philadelphia Library Company, to be named and called the
Ridgway Library, under the rules, regulations, conditions and stipulations in my said last will, and the codicils thereto expressed and contained. I wish that the
greater part of my estate may be spent in completing
the new library building. The annuities as they expire
and fall into my residuary estate will be amply sufficient for all the legitimate purposes of a library.
Ninth. By my last will and testament hereinbefore
referred to (dated February 26, 1860), I have given,
bequeathed, and devised my whole estate, real and personal, unto HENRY J. WILLIAMS, my executor, his heirs,
executors, administrators, and assigns, in trust; in the
first place to provide for, pay, and comply with all legacies, gifts, annuities, bequests and devises, declarations
and intentions which may be contained or expressed in
any codicil to the said last mentioned will and testament, which I might thereafter make, to be signed by




16
me at the end thereof, whether formally drawn or not
now, therefore, in pursuance of the above provision, ]
hereby direct, declare, bequeath, and devise as follows:Tenth. (Private bequest.)
Eleventh. (Private bequest.)
Twelfth. (Private bequest.)             
Twelfth. (Private bequest.)
Thirteenth. (Private bequest.)
Fieenth. (Private bequest.)
SixFourteenth. (Private bequest.)
eveteeth. (Private bequest.)          
ighteenth. (Private bequest.)
Nineteenth. (Private bequest.)
Twixenteenth. (Private bequest.)
SevTwent-Fireenth. (Private bequest.)
Eighteenth. (Private bequest.)
Twentieth. (Private bequest.)
Twenty-First. (Private bequest.)
*     *     *     *     *     *     *     *




17
Tzwenty-second. I will and direct that all legacy or
collateral inheritance taxes chargeable upon the bequests,
legacies, and annuities given or bequeathed by my last
will and testament or by any codicil thereto, shall be
paid from and out of my residuary estate, and that all
the annuities therein and thereby given shall commence
from the day of my death. I also will and direct that
all the annuities which I have given, or may hereafter
give to any married lady, shall be for their sole and
separate use, freed from all debts, obligations, or control
of their respective husbands; and that all the annuities
which I have given to any female, married or single,
or which I may hereafter give them, shall be payable to
them personally, or to their own order or receipt, signed
and dated not more than three months before the same
falls or becomes due, and shall not be subject to any
anticipation, lien, or incumbrance, nor to any transfer or
assignment by their own act, or by the act or operation
of law, or otherwise. And in case any of the said female
annuitants shall attempt to alien, anticipate, encumber,
or assign her annuity, or cause, or permit, or suffer, or
procure it to be done, then and in that case, I authorize
and empower my executor, in his discretion, to withhold
the semi-annual payments thereof (which shall fall into
and become part of my residuary estate), until the
attempted alienation, anticipation, lien or encumbrance,
transfer or assignment shall be cancelled, released, given
up, and annulled. And I further will and direct that
all the annuities which I have given, or which I may
2




18
hereafter give, shall, upon the expiration of the periods
for which they were respectively given, fall into and
become part of my residuary estate.
Twenty-third. I direct my executors to dispose of the
perishable part of my furniture, but not to have any
auction upon any part of my premises. I wish it sold
as quietly as possible, and would prefer a private sale,
even if it were not so productive. I also direct my
executor to keep my residence, No. 1914 Chestnut Street,
for at least two years, unless he can dispose of it at
private sale for a price which, in his sole discretion, he
may think reasonable.  At the expiration of that time
he may dispose of it as he may think best.
Twenty-fourth. I have given verbal directions to my
executor to have my funeral as private as possible, without any of the ordinary external indications of mourning.
No invitations are to be sent, except to my nearest
relations, and I specially desire that I may be buried in
silence. If circumstances will permit it, I should be
glad that the remains of the late Jacob Ridgway, of his
daughter, my late wife, and of myself, should be removed
to the new library building, when it is completed, and
be placed in some spot within the outward limits of the
building, under a plain and simple tablet. The library
itself is intended for their monument, and I want none
for myself. If, however, the parties interested in the
ground in which my father-in-law is buried should object




19
to his removal, then I desire that my wife and myself
may be placed in the new library building as above
directed. The library will then be her monument, and
I desire to lie by her side.
Twenty-fifth. And I further will and direct that if any
of the devisees or legatees or annuitants herein named
shall attempt, themselves, or aid, assist, or encourage
others to question, dispute, litigate, or object to the
validity or effect of any part or portion of my will, or
any codicil thereto, or of any gift or devise therein mentioned, then, and in that case, all the clauses in my said
will or any codicil thereto conferring any benefit upon the
person or persons aforesaid shall stand and be revoked
and annulled, and the same shall be paid and given over
to the said Library Company.
Twenty-sixth. Events and circumstances occurring
within the last six years have obliged me to make several
changes in my will, and I should have preferred that all
my testamentary dispositions should have appeared as a
complete whole, instead of being contained in separate
instruments; but at my age life is precarious, and were
I to have them condensed, redrawn, and re-executed,
the most important part of the whole might fail under
the operation of the ill-conceived, inconvenient, and
mischievous law (resulting from a narrow sectarian
spirit) which avoids all gifts to literary or religious institutions made and witnessed within a calendar month of
the termination of a testator's life, no matter what his




20
mental capacity may have been. To avoid the possibility of such a result, I must let it stand as it is, and
add other provisions as they may occur to me.
Twenty-seventh. If any annuitant in any codicil to my
last will named, whose residence is ini the United States
of America, shall leave this country after my death to
remain either temporarily or permanently abroad, I will
and direct that their respective annuities shall be suspended until their return; and the several half yearly
payments becoming due during their absence shall fall
into and become part of my residuary estate.
Twenty-eighth. I desire my executor to be allowed a
commission of three per cent. upon the administration of
my estate; and, in the case of the death of my brotherin-law, HENRY J. WILLIAMS, whom I have named as my
executor in my last will, either before or after me, I
nominate and appoint Colonel Alexander Biddle and
Thomas Craven to be my executors in his room. They
are not, however to assume the executorship, or be qualified therefor, until after his death, resignation, or refusal
to act.
In witness whereof I have hereunto set my hand and
seal this 16th day of May, An. Dom. eighteen hundred
and sixty-six (1866).
(Signed)    JAMES RUSH. [SEAL.]
Signed, sealed, published, and declared by Dr. JAMES
RUSH. above named, as and for a codicil to his last will




21
and testament, in our presence, who, in his presence and
in presence of each other, at his request, have affixed
our names as witnesses thereto.
J. S. FARMER, May 16, 1866.
RICHARD S. HUNTER, May 16, 1866.
ADDITIONAL CODICIL.
Be it remembered, That I, JAMES RUSH, of the city of
Philadelphia, M.D., do make this additional codicil to
my last will and testament, dated the 26th day of February, A. D. (1860) eighteen hundred and sixty, in
manner following-that is to say: —
First. I have given and devised the greater part of my
estate to my executor for the purpose of erecting for the
Library Company of Philadelphia a building not only
large enough to contain their present books, but also
their probable increase for many years to come. Now,
as I do not desire that the Library Company shall have
an income greater than is required to provide for the
legitimate-(not a competing) increase of the library and
their current expenses (not to be so large as to invite
extravagance and waste), for which purposes the sums
to be set apart to secure the legacies and annuities given
by my said will and testament will be sufficient, I hereby authorize and direct my said executor to expend the
whole remainder of my estate in the purchase of a lot
and the erection of the library building, construction of




book-cases, &c., leaving the said company only an
income sufficient to defray the ordinary and strictly
appropriate expenses of such an institution.
I have observed that large annual incomes in corporate bodies almost invariably lead to wasteful extravagance, and cause the institutions to become the prey of
schemers, who, under the specious cloak of liberality, or
of being what is called public-spirited citizens, have no
hesitation in spending the money of other people, in
order to gratify their own vanity, or to promote their
private interests. Such persons pass so much of their
time in the distraction of change from one place of
popular importance to another, that they have no opportunity for observation and reflection, to gain intellect
enough to comprehend the purpose of books of knowledge, and therefore can be of no service, but rather the
means of disturbing the quiet duties of a public library.
Let them find instruction in its volumes with thankfulness and modesty, yet beware of admitting them to even
a part of its government, or they will be sure-unless
the managers are wise and watchful-by some manoeuvre
to direct the whole. They are consequential spendthrifts, who, under the plea of patriotic improvement
and of ornamenting a city, misapply government taxes,
and embarrass the funds of scientific, literary, and charitable, as well as moneyed institutions, over which, by popular artifice, they have gained a control. As a condition,
therefore, of my will, let the managers and contributors
join to exclude all such persons from the direction of the




23
Library Company. It is from the quiet, unostentatious,
and disinterested character of its directors, and of their
management, that I have drawn the motives which induced me to choose the Philadelphia Library Company as
the heir to my estate; and I would add a very influential
consideration, that, having always'conducted its affairs
with prudence and foresight, it has never, by living beyond its means, in collecting more books than it has
room for, been brought to the disgraceful pauper condition of those institutions which are constantly begging
for thousands, and drawing upon the public purse by
fairs and lotteries, in order to erect splendid buildings,
or to pay debts rashly and inconsiderately incurred.
Second. I have in my will limited the extent of the
lot to be purchased for the library building, as well as
its locality; but as I desire that it shall have not only
strength, durability, and accommodation, but also be of
sufficient magnitude for any future or contingent, but
not an ambitious or competing, increase of the library;
in order to prevent, if possible, its being torn down
in twenty years, and the lot sold at a speculative profit
to suit the hyperbole of the times, I authorize and allow
my executor, under a broad and thoughtful foresight, to
increase the size of the lot, and select any situation he
may deem most expedient, without regard to any provision of my will or codicils. I know that an ostentatious
library, to keep up with the progress of our country,
collecting too many books, may be like an avaricious




24
man who accumulates money to the ruin of both his
modesty and his intellect. But I have a forlorn hope
that the mind may yet be improved beyond a patronage
or even a toleration of those crowds of graver or more
puerile fictionists who mislead the idle, and of those
garbling compilers who overlook or corrupt the truth of
fuller and more useful works by purloining from their
pages, in attempting to abbreviate and render them
popular for their own advantage.
Third. I have given the copyrights of all my works
to the Library Company, and I will and direct that they
shall, for the next half century, publish every ten years
(and earlier and oftener if called for) an edition of five
hundred copies of any or of all of them, so that they
shall always have on hand a number sufficient to supply
any demand which may be made for any or either of
them, at a price not exceeding the cost of publication.
I leave additions and corrections in the printer's copies,
preparatory to a subsequent edition which I imperatively
require to be published exactly as they are left. The
original parts of them have been written without assistance,
and I wish to be alone responsible for all the faults of
thought, division, definition, and style, and of my corrected orthography, as I consider it.
An editor sometimes joins himself to a work by a
supposed emendation of it. Let him in a book of his
own justly blame what he pleases in mine, but not
attempt to suit it to any future times and manners.




25
Every writing should have its own times and manners.
Let him prevent not imagine typographical errors; let
him strive to improve my spelling only when the world
corrects its own redundancies, and confusions on that
point. In our important faults it is bad morality, even
in science and literature, to try to escape the charge of
errors by turning them over to others for correction.
Fourth. In order to insure, as far as is in my power,
the application of the various devises and bequests which
I have made for the use and benefit of the Library Company, in accordance with my wishes and directions, I
hereby devise, direct, will, and declare that the whole
and every part of my estate, real and personal, given or
devised for the use and benefit of the said Library Company, and all the books and furniture purchased by them
with the income and proceeds thereof, shall be taken
and held by them (whenever the same by the provisions
of my will, or of any codicil thereto, shall come into
their possession, and become subject to their control), as
trustees, for the uses, objects, trusts, and purposes in my
said will, and any codicil thereto mentioned and expressed; and if the said Library Company shall in any
respect violate or omit to comply with any of the provisions, conditions, or directions, regulations, or restrictions,
therein contained, then I will and direct that the Pennsylvania Company for Insurances on Lives and Granting
Annuities, shall and may (or if they omit, neglect, or
refuse so to do any citizen of the city of Philadelphia)




26
apply to the proper courts of this Commonwealth to
compel the said Library Company to comply with the provisions of my said will and codicils, or to remove them
from the said trusts, and transfer the whole real and
personal estate aforesaid, including the library building,
and all the books and furniture belonging to the Ridgway Branch of the Philadelphia Library, unto the said
Pennsylvania Company for Insurances on Lives and
Granting Annuities, or if they shall neglect or refuse to
accept this trust, to some other trust company of the city
of Philadelphia, who shall take and hold the whole of the
said estates, real and personal, library building, books,
and furniture aforesaid, in trust to collect and receive the
whole income thereof, and apply the same to the uses,
objects, and purposes of my said will and codicils thereof; permitting, however, if in their sole discretion they
shall think proper so to do, but not otherwise, the said
Philadelphia Library Company to occupy the library
building, and to take charge of the books, &c., of the
Ridgway Branch thereof; Xprovided they shall do so
under the absolute direction and control of the new
trustees, who shall strictly supervise and entirely control and direct all the expenditures of my estate in
relation thereto; and who may, at any time, remove
them from the said charge, if the Library Company shall
not submit and conform to such control and direction.
Fifth. If at any time Mr. Thomas Craven should take
out letters testamentary to my estate, I will and direct




27
that the amount of the annuity heretofore given him,
shall be credited to my estate, and deducted from the commissions to which he will be by law annually entitled;
and if those annual commissions should not equal the
amount of such annuity, it shall be taken and considered
as full payment thereof.
Sgixth. I desire to express still more emphatically than
I have yet done my wish and direction that the Library
Company shall never make any efforts to rival the other
libraries of America or of Europe in the mere number
of volumes they contain. If the amount of books in the
Philadelphia Library is simply recorded in its catalogue,
it will be sufficient for every useful purpose; and whatever its number may be, it need not be held in the gloom
of discontent at its inferiority to others, nor in a prideful
exultation at its excess above them. Let it rest in a
modest contentment in the useful quality of its volumes
for the benefit, not the amusement alone of the public,
nor let it over an ambitious store of inferior printed
paper, flap its flimsy leaves, and crow out the highest
number of worthless books. Let it be a favor for the
eminent works of fiction to be found upon its shelves;
but let it not keep cushioned seats for time-wasting and
lounging readers, nor places for every-day novels, mindtainting reviews, controversial politics, scribblings of
poetry and prose, biographies of unknown names, nor
for those teachers of disjointed thinking, the daily newspapers, except, perhaps, for reference to support, since




28
such an authority could never prove the authentic date
of an event. In short, let the managers think only of
the intrinsic value of additions to their shelves; for I
hope (yet fearfully) that the streams flowing into the
library will be clear, pure, and deep, diffusing healthy,
truthful, and valuable information throughout the community, and not to be overborne by a common flood of
cotemporary literature that may sweep off the firm
foundations of knowledge, and leave no high places for
a useful intellect to rest upon, to extend its bounties,
and to be secure.
To assist in accomplishing the purposes of instruction
above declared, let the contributors strive to elect to the
management, if they can be found, at least one or two
persons of general knowledge, men of more than common
college and high-school education, with broad observation,
reflection, and taste, and liberal thoughts; not sectarian
to any of the professions, nor to the gains of trade and
speculation, but those who have been called "men of
good choice," and who may have wider views in government and selection than are commonly taken by the
conventional and popular character of most public beneficiaries; recollecting not only there is safety in the
multitude and agreement of counsel, but that wisdom,
too, should there be found which will insure safety in
giving the broadest intellect with its widest compass the
opportunity to enlighten, to caution, and to extend the
capacity of those whose occasions or means or disposition




29
may have prevented their thinking it necessary to go
beyond the self-satisfied character of a majority.
In witness whereof I have hereunto set my hand and
seal, this eighteenth day of April, An. Dom. eighteen
hundred and sixty-seven (1867).
(Signed)    JAMES RUSH. [SEAL.]
Signed, sealed, published, and declared by the above
named Dr. James Rush, as and for a codicil to his last
will and testament, in our presence, who, in his presence
and in presence of each at his request, have hereunto set
our hands as witnessess thereto.
J. S. FARMER, April 18th, 1867.
R. S. HUNTER, April 18th, 1867.
LAST CODICIL.
(Relating to private bequests.)
Witness my hand and seal this twelfth day of April,
A. D. 1869.
(Signed)    JAMES RUSH.




30
WILLIAM F. JUDSON, J. S. FARMER, and R. S. HUNTER,
the subscribing witnesses to the foregoing last will of
JAMES RUSH, M.D., deceased, sworn May 31st, 1869.
JOHN H. CAMPBELL,
Dep. Register.
J. S. FARMER and RfCHARD S. HUNTER, the subscribing
witnesses to the foregoing first and second codicils to the
last will of JAMES RUSH, M.D., deceased, sworn May
31st, 1869.
JOHN H. CAMPBELL,
Dep. Register.
WILLIAM F. JUDSON and J. S. FARMER, sworn May 31st,
1869, as to the signature of JAMES RUSH, M. D., the testator above named, and appended to the third codicil to
his last will.
JOHN H. CAMPBELL,
Dep. Register.
HENRY J. WILLIAMS, the executor within named, sworn
May 31st, 1869, and letters testamentary granted unto
him.
JOHN HI. CAMPBELL,
Dep. Register.