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GEORGE WASHINGTON AND ARBITRATION

January 23, 2006

I learned something new at the Death and Taxes Blog today: George Washington's will had an arbitration provision to keep any disputes over its provisions out of the courtroom:

My Will and direction expressly is, that all disputes (if unhappily any should arise) shall be decided by three impartial and intelligent men, known for their probity and good understanding; two to be chosen by the disputants--each having the choice of one--and the third by those two. Which three men thus chosen, shall, unfettered by Law, or legal constructions, declare their sense of the Testators intention; and such decision is, to all intents and purposes to be as binding on the Parties as if it had been given in the Supreme Court of the United States.

The Death and Taxes post has more good stuff, including a link to the full text of Washington's will.

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