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The Last Will and Testament of Sheldon Bradt

In a lifetime we are born, we live our life day-to-day, and when it comes time, we die.
What we accomplish and receive are a part of our legacy. Achievable goals and inheritable
possessions a job, a big house, a family, and money are examples of things we build up only
to leave behind when the time happens for us to pass away. However, while we lay to rest, all of
our accomplishments and inheritance are left. Lawfully or not, items, which were once ours,
become the inheritance of others. This is the reason we create a will, a legal document that
constitutes how we hand down our assets and estates to our descendants. A last will and
testament, authored by Sheldon Bradt, depicts the traditional role of a wills power of inheritance.
However, while Sheldon Bradts will leaves clear instruction to the passing of his estate, the
enclosure of his estate questionably obscures the reasonable inheritance of his heirs.
Author of the aforementioned will, Sheldon Elisha Bradt (1847-1935) lived a full life.
One could say he had a wondrous legacy to leave behind in his will. At the age of sixteen,
Sheldon fought in the Civil War and, by what seems a miracle, survived being a prisoner of war
and escaped a death induced by starvation. In 1879, Sheldon married Hannora OBrien (whose
dates are unknown) and had four kids: John (1880-?), Mary (1882-1960), George (1884-1979),
and Eugene (1886-?)1, probably a middle class family from the view of the will. In 1928,
Sheldon constructed his last will and testament in his home town of Mukwa, Wisconsin. As
Sheldon was still living and possibly of sound mind at the time of his will, his purpose was to
construct his will and testament and to leave his estate to his remaining heirs before his time of

Bradt Family Tree, 1600-2000. Folder 1, Box 1. Nelson-Bradt Family Papers and Photographs, 1864-1996 (Mss
1045). Wisconsin Historical Society.

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death in order to legally pass the estate to his children who, accordingly, are the intended
audience to Sheldons will.
Furthermore, Sheldons children are the primary heirs of the will. There is little
information regarding the status of John, George, and Eugene, as they have little to no mention
in the supporting documents in the collection. However, Mary Bradt, Sheldons only daughter
plays an important role as the executor of her fathers will and one could arguably classify her as
the main audience of the will. Later in life, Mary went on to marry a man named Anton Nelson
who happened to be a doctor. As residents of Clear Lake, Wisconsin, Mary Nelson and her
family were debatably upper middle class as most of the family were politicians and doctors.
One of their four children in particular, Gaylord Nelson (1916-2005), would go on to become a
Wisconsin Governor and Senator in the 20th century.
In examination of the document itself, although typewritten, one can argue it as a nonholographic will, traditionally formatted and witnessed as well as sealed by the testator as is
normal when constructing a legal draft of such a document. A will, as stated before, is a legal
document designed to organize ones assets. Additionally, a will is an effective declaration of
intention of what shall be done at the death of the maker or testator, usually relating to a
disposition of property.2 Therefore, the tradition of a will maintains that the document is a
creation intended pass the property of the deceased to remaining family or distant relatives as
necessary. In Sheldons case, his intentions are for his immediate family to receive his estate by
law of his personal will. Although Sheldons will is laid out very clearly who is to receive what,

Alan A. Matheson, Will, in Encyclopedia Americana, ed. Francis Lieber (Danbury, Connecticut: Scholastic
Library Publishing, 2006), 769.

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the question of why they are inheriting thus remains uncertain, and even more shocking is the
idea that his eldest son and wife are not listed at all.
Further analysis of Sheldons will questions the manner in which he divides his estate.
Sheldons first intention listed requests that, To Mary Nelson, my daughter, the sum of Five
Hundred Dollarsand to be the executrix of this my last will and testament without bond. 3
Taking this information at face value determines that Mary Nelson, the daughter of Sheldon
Bradt, assumedly did indeed inherit Five Hundred dollars from his estate and further appointed
as the executor of his will, without bond.
In further exploration, one item remains clear in this situation, Marys appointment as
executor of the will. According to Lynne Hilowitz, in her article A Primer on Wills, it is
conveyed, the executor or personal representative is responsible for collecting the estate assets
and distributing them as the will directs.4 Therefore, Mary is accountable for the distribution of
her fathers wishes and is the caretaker of his assets at the time of his death until preparation of
dispersal. Further exploration of Marys instructions note her as executor without bond.
Where an executor is bound in special circumstances, they hold contract to the will lawfully as
the executor until the estates dispersal, which releases them from responsibility. Most wills
specify that fiduciaries shall serve without bond, especially where fiduciaries are related or have
close personal ties with the testator. 5 As Sheldons daughter, Mary classifies as unbound due to
the personal relationship between the two. However, Sheldons choice to appoint Mary as the

Last Will and Testament of Sheldon Bradt, August 13, 1928. Folder 14, Box 2. Nelson-Bradt Family Papers and
Photographs, 1864-1996 (Mss 1045). Wisconsin Historical Society.
4
Lynne S. Hilowitz, A Primer on Wills, Family Advocate 32, no. 2 (2015): 43,
http://search.proquest.com/docview/1732949720/fulltext/C2BCF821166C4CE4PQ/1?accountid=9355
5
Lynne S. Hilowitz, 43.

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executor remains for examination. One could assume that it was because she was the second
oldest or because she worked in political affairs.
Subsequently, Sheldons second bequest is to his youngest son, Eugene. Sheldons
wishes are as follows, To Eugene OBrien Bradt, my son, the sum of Ten Dollars, he, having
heretofore received his portion of my estate. 6 Such a small amount, and questionably why, in a
time when women are treated lesser, does Mary receive more money than her brother receives?
However, taking into account that Eugene had received his portion of the estate is a different
matter. What is his portion? Could one go ahead and assume that Eugene received his fathers
house or a large amount of land?
Further down, Sheldons third bequest is to his second oldest son, To George Bradt, my
son, all of the residue and remainder of my property of whatsoever description and wheresoever
situated.7 The particular wording of this bequest to George leaves the impression that he did not
inherit as nicely as his brother Eugene inherited. Words such as residue and remainder leave a
nasty imprint that George received an unfavorable portion of his fathers living; however, we
cannot know, with no documents that describe what the Bradt heirs inherited exactly.
After analyzing the clear intentions of the will, one can fully delve into the confusing
aspects of Sheldons will and the conflict of recipients and unenclosed heirs. Sheldon clearly left
his estate to three of his children listed on the will. However, Sheldons eldest son, John, is not
listed and not bequeathed any of his fathers estate, nor is Sheldons wife, Nora. Beginning with
John, whose date of death is unknown, a primary assumption is to say that he was already dead at

Last Will and Testament of Sheldon Bradt, August 13, 1928. Folder 14, Box 2. Nelson-Bradt Family Papers and
Photographs, 1864-1996 (Mss 1045). Wisconsin Historical Society.
7
Last Will and Testament of Sheldon Bradt, August 13, 1928. Folder 14, Box 2. Nelson-Bradt Family Papers and
Photographs, 1864-1996 (Mss 1045). Wisconsin Historical Society.

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the time of the wills construction. This is the most likely answer, but without his proper dates,
one cannot ascertain whether that is correct. Another assumption would be that Johns father had
disinherited him or he simply lost touch with the family.
However, what if neither of these options were available and John inherits on the will?
According to Lawrence Friedman, in his book Dead Hands: A Social History of Wills, Trusts,
and Inheritance Laws, it is suggested, Historically, the husband was the head of the family and
his land went to his heir his oldest son.8 As the eldest son, John would have been first in line
to receive the land and property portion of the estate. Since John is not enclosed, Eugene receives
the estate and George receives the remaining land. This, too, is conflicting with the words of
Friedman; if the eldest surviving son normally receives the larger portion of property, George
should receive the estate and Eugene should receive the remainder.
A second option discussed in Friedmans book suggests, The surviving spouse were to
receive the estate.9 This begs that question of Sheldons wife Nora and calls for an examination
similar to that of John, and is not included in her husbands will leading to the belief that the first
circumstance is her death before the construction of the will. Both of her dates left unknown,
therefore, there is no way to find truth about her absence from the will. Further, why would her
own husband exclude her from his will if she still lived? There are many remaining questions
without answers due to limited documentation. The best explanation to the exclusion of John and
Nora is to say that they died before Sheldon and if so, a shame to lose ones wife and eldest child
before ones own death.

Lawrence M. Friedman, Dead Hands: A Social History of Wills, Trusts, and Inheritance Law (Stanford, California:
Stanford Law Books, 2009), 11.
9
Friedman, 11.

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In one final analysis of Sheldons will, it is vital to convey that the will could not be legal
without the ending clause, the inclusion of his seal of approval and the signature of his witnesses.
This will, along with all other explored oddities, is non-holographic and is typewrote from top to
bottom. In order for a will to be legal, The signature, or any visible impression intended as such,
must come at the end of the will in some states; others permit the testator to sign elsewhere. 10
Controversial to this information is the evidence that Sheldon did not physically sign the
document but his name typed visibly in the space at the bottom labeled seal implies his seal of
approval to his will. Though this seems conflicting, an official attachment confirming Sheldons
death gives the impression that the will was legal and carried out. Finally, to complete a will,
Attestation the bearing witness to the will, to the testators act, or to the signature and the
subscription by two or sometimes three witnesses are required. 11 In this case, two names at the
bottom of the document: E. W. Wendlandt and Gertrude Polzin, both residents of New London 12,
Wisconsin, make Sheldons will official and legal, prepared for his death.
Thus, Sheldon Bradt of Mukwa, Wisconsin passed away in August of 1935, leaving
behind his legacy and a document issuing his estate to his remaining family. Close analysis of his
last will and testament give readers insight into his final years, while allowing an inquisitive
reader to dissect and try to understand the way in which he divided his estate. By exploring the
construction of a will from the 20th century, one can begin to understand and compare the way in
which wills and testaments construction are important today in the 21 st century. More
interestingly, readers have to ability to examine a will and discern the final legacy of its testator.

10

Matheson, 770.
Matheson, 770.
12
Last Will and Testament of Sheldon Bradt, August 13, 1928. Folder 14, Box 2. Nelson-Bradt Family Papers and
Photographs, 1864-1996 (Mss 1045). Wisconsin Historical Society.
11