. According to A. B. Goldenweiser, Tolstoy, perhaps having reason to think that his will with regard to his works would not be carried out, decided to make a will which would be binding legally as well as morally. On 17 September, 1909, the will was drawn at Krekshino, and on the 18 it was signed by Tolstoy. By this will all his works, written after 1 January, 1881, both published and unpublished, became public property. Consequently the will meant that all works written and published before that date remained the property of the family.
On 18 September on their return from Moscow, Alexandra L. Tolstoy went to see the lawyer N. K. Muravev and showed him the will. Muravev said that from a legal point of view the will was quite invalid, since according to law you could not leave property to “nobody,” and he promised to draw up and send to Yasnaya Polyana the rough draft of a will. Two or three consultations took place at Muravev’s house, at which there were present V. G. Chertkov, A. B. Goldenweiser, and F. A. Strakhov. Several drafts of the will were made which it was decided to take to Tolstoy in order that “he might read them and choose one of them, or reject them all, if he found that they did not meet his wishes.”
On 26 October Strakhov left for Yasnaya Polyana with the drafts. When he returned, he said that “Tolstoy expressed the firm resolution to leave as public property, not only the works written after 1881, as was originally proposed, but generally everything written by him,” a resolution completely new, and unexpected by those who had taken part in the consultations. In accordance with Tolstoy’s new decision, Muravev drew up another will by which everything written by Tolstoy, “wherever found and in whosesoever possession,” was transferred to the full ownership of Alexandra L. Tolstoy. This will was taken to Yasnaya Polyana, copied in Tolstoy’s own hand, and signed by him on 1 November, 1909. This is Goldenweiser’s account of the two wills in his diary.
We see from this story that Tolstoy himself decided to make a formal will, and he himself, to his friends’ surprise, radically changed the first will regarding his works written and published before 1881. But the reader is confronted with a series of puzzling questions: How did Tolstoy make up his mind to have recourse to the protection of the law, which he denied with his whole soul? What caused him to alter so quickly and resolutely his intention with regard to the disposal of works written by him before 1881? Why were “two or three” consultations with an experienced lawyer necessary, if the friends had the simple task of drawing up in correct and legal form Tolstoy’s clearly expressed intention with regard to his works? Goldenweiser provides no answer to these questions.
Let us turn to Chertkov, the principal actor in these consultations. In the Tolstovskii Ezhegodnik for 1913, Part I, pages 21-30, he published photographs of the will of 1 November, 1909, and of the two subsequent wills, with a short prefatory note in which he says: “The photographs published here of the three successive wills, written by Tolstoy’s own hand in the space of ten months, are sufficient proof of the repeated and serious attention which he gave to the fate of his writings, MSS., and papers after his death.” But there is no answer here to the puzzling questions….
Approximately three years later Chertkov, indeed, gave us the full history of Tolstoy’s wills in the Supplement to L. N. Tolstoy’s Diary, pages 241-252. There he quoted Tolstoy’s letter with regard to the transfer to public property of his works written before 1881; the will in the form of a letter from Tolstoy’s diary of 27 March 1895; the will written in Krekshino; the final will and “explanatory memorandum.” Above all Chertkov at great length tried to prove from Tolstoy’s letters and from extracts from his diaries that Tolstoy always had complete confidence in him as a true friend, and for that reason, in preference to all the members of his family, made him sole executor for his writings, by giving him the right to “omit” or “leave in” what he thought necessary.
But Chertkov does not say a single word either of the Moscow consultations of the friends or of the will of 1 November, 1909, and thus not only gives no answer to our questions, but excludes the possibility of our putting them, by skilfully passing direct from the Krekshino will to the last two wills made in the summer of 1910. Let us now hear what the third participant in the consultations has to say, namely Strakhov, who, in his own words, felt a “little doubt begin to stir within him,” when the friends on 1 November, 1909, “carefully performed the transactions which are bound to have certain historical consequences.” His article on how the will of 1 November, 1909, was drawn up fills in the gap which Chertkov passed over in silence.
Strakhov says nothing about the Krekshino will, in the making of which he took no part…. After the failure of the will at Krekshino, the new draft of a will was worked out at the Moscow consultations, and Strakhov left with the draft for Yasnaya Polyana on 26 October, when, as the friends supposed, Sophie Andreevna would be in Moscow. Their calculation was mistaken: S. A. T. was returning to Yasnaya Polyana in the same train as Strakhov. But her presence did not prevent Strakhov from executing his mission brilliantly. When alone with Tolstoy, he explained that it was necessary to draw up a formal will transferring the rights in his literary property to a definite person or persons, and “he put before him the draft document and asked him to read it and sign it, if he approved of its contents.” Tolstoy read the paper and “at once wrote at the bottom that he agreed with its contents; and then, after thinking for a little, he said: “The whole affair is very painful to me.
And it is all unnecessary — in order to secure that my ideas are spread by such measures. Now Christ — although it is strange that I should compare myself with him — did not trouble that some one might appropriate his ideas as his personal property, nor did he record his ideas in writing, but expressed them courageously and went on the cross for them. His ideas have not been lost. Indeed no word can be completely lost, if it express the truth and if the person uttering it profoundly believe in its truth.
But all these external measures for security come only from our non-belief in what we are uttering.” Saying this Tolstoy left the room. Strakhov was undecided what to do, whether to oppose Tolstoy or to leave Yasnaya Polyana without having achieved anything. He made up his mind to oppose Tolstoy and attacked him in his most vulnerable spot. He said to him: “You mentioned Christ. He, indeed, took no thought about the dissemination of his words. But why? Because he did not write and, owing to the conditions of the time, received no payment for his ideas. But you write and have received payment for your writings, and now your family receives it…. If you will not do something to secure the public use of your writings, you will be indirectly furthering the establishment of the rights of private property in them by your family….
I shall not conceal from you that it has been painful for us who are your friends to hear you reproached because, in spite of your denial of private property in land, you transferred your estate to the ownership of your wife. It will also be painful to hear people saying that Tolstoy, in spite of his knowledge that his declaration in 1891 had no legal validity, took no steps to ensure his wish being carried out and thus consciously assisted the transference of his literary property to his family. I cannot say how painful it will be for your friends to hear that, Leo Nikolaevich, after your death, and the complete triumph of your survivors’ monopoly over your writings during the long fifty years of copyright, and all this with the definite knowledge of your views on the subject.”
Tolstoy acknowledged Strakhov’s considerations to be a “weighty argument” and, promising to think it over, left the room. He had to wait a long time for the answer. Tolstoy went for a ride, had a sleep, dined, and only after his dinner called Strakhov and Alexandra Lvovna into his study and said to them: “I shall surprise you by my ultimate decision…. I want, Sasha, to leave to you alone everything, do you see? Everything, not excepting what I reserved in the declaration in the newspapers…. The details you may think over with Vladimir Grigorevich.”
Strakhov informed Chertkov by telegram of the “successful” result of his conversations with Tolstoy.
On 1 November, 1909, he returned to Yasnaya Polyana with Goldenweiser, this time to witness the signature of the new will by which “everything” passed to Alexandra Lvovna. This time Strakhov entered Yasnaya Polyana with a “certain pricking of conscience,” because he had hid his purpose from Sophie Andreevna. The signing of the will took place in the setting of a conspiracy. Strakhov says that, when Tolstoy took the pen, “he locked the two doors of his study one after the other.” And it was so strange and unnatural to see Tolstoy in the part of a man taking steps
