I knew of its existence, but I never saw it till after my father’s death, and I never inquired of anybody about the details.
I knew my father’s views about copyright, and no will of his could have added anything to what I knew. I knew, moreover, that this will was not properly executed according to the forms of law, and personally I was glad of that, for I saw in it another proof of my father’s confidence in his family. I need hardly add that I never doubted that my father’s wishes would be carried out.
My sister Masha, with whom I once had a conversation on the subject, was of the same opinion.
In 1909 my father stayed with Mr. Tchertkof at Krekshin, and there for the first time he wrote a formal will, attested by the signature of witnesses. How this will came to be written I do not know, and I do not intend to discuss it. It afterward appeared that it also was imperfect from a legal point of view, and in October, 1909, it had all to be done again.
As to the writing of the third we are fully informed by Mr. F. Strakhof in an article which he published in the St. Petersburg “Gazette” on November 6, 1911.
Mr. Strakhof left Moscow at night. He had calculated on Sofya Andreyevna, 28 whose presence at Yasnaya Polyana was highly inexpedient for the business
on which he was bound, being still in Moscow.
The business in question, as was made clear in the preliminary consultation which V. G. Tchertkof held with N. K. Muravyof, the solicitor, consisted in getting fresh signatures from Lyoff Nikolaievich, whose great age made it desirable to make sure, without delay, of his wishes being carried out by means of a more unassailable legal document. Strakhof brought the draft of the will with him, and laid it before Lyoff Nikolaievich. After reading the paper through, he at once wrote under it that he agreed with its purport, and then added, after a pause:
“All this business is very disagreeable to me, and it is unnecessary. To insure the propagation of my ideas by taking all sorts of measures—why, no word can perish without leaving its trace, if it expresses a truth, and if the man who utters it believes profoundly in its truth. But all these outward means for insuring it only come of our disbelief in what we utter.”
And with these words Lyoff Nikolaievich left the study.
Thereupon Mr. Strakhof began to consider what he must do next, whether he should go back with empty hands, or whether he should argue it out.
He decided to argue it out, and endeavored to explain to my father how painful it would be for his friends after his death to hear people blaming him for not having taken any steps, despite his strong opinion on the subject, to see that his wishes were carried out, and for having thereby helped to transfer his copyrights to the members of his family.
Tolstoy promised to think it over, and left the room again.
At dinner Sofya Andreyevna “was evidently far from having any suspicions.” When Tolstoy was not by, however, she asked Mr. Strakhof what he had come down about. Inasmuch as Mr. Strakhof had other affairs in hand besides the will, he told her about one thing and another with an easy conscience.
Mr. Strakhof described a second visit to Yasnaya, when he came to attest the same will as a witness.
When he arrived, he said: “The countess had not yet come down. I breathed again.”
Of his departure, he said:
As I said good-by to Sofya Andreyevna, I examined her countenance attentively. Such complete tranquillity and cordiality toward her departing guests were written on it that I had not the smallest doubt of her complete ignorance of what was going on…. I left the house with the pleasing consciousness of a work well done—a work that was destined to have a considerable historic consequence. I only felt some little twinge within, certain qualms of conscience about the conspiratorial character of the transaction.
But even this text of the will did not quite satisfy my father’s “friends and advisers”; it was redrafted for the fourth and last time in July, 1910.
This last draft was written by my father himself in the Limonovski Forest, two miles from the house, not far from Mr. Tchertkof’s estate.
Such is the melancholy history of this document, which was destined to have historic consequences. “All this business is very disagreeable to me, and it is unnecessary,” my father said when he signed the paper that was thrust before him. That was his real opinion about his will, and it never altered to the end of his days.
Is there any need of proof for that? I think one need know very little of his convictions to have no doubt about it.
Was Lyoff Nikolaievich Tolstoy likely of his own accord to have recourse to the protection of the law? And, if he did, was he likely to conceal it from his wife and children?
He had been put into a position from which there was absolutely no way out. To tell his wife was out of the question; it would have grievously offended his friends. To have destroyed the will would have been worse still; for his friends had suffered for his principles morally, and some of them materially, and had been exiled from Russia. He felt himself bound to them.
And on the top of all this were his fainting fits, his increasing loss of memory, the clear consciousness of the approach of death, and the continually growing nervousness of his wife, who felt in her heart of hearts the unnatural estrangement of her husband, and could not understand it. If she asked him what it was that he was concealing from her, he would either have to say nothing or to tell her the truth. But that was impossible.
So it came about that the long-cherished dream of leaving Yasnaya Polyana presented itself as the only means of escape. It was certainly not in order to enjoy the full realization of his dream that he left his home; he went away only as a choice of evils.
“I am too feeble and too old to begin a new life,” he had said to my brother Sergei only a few days before his departure.
Harassed, ill in body and in mind, he started forth without any object in view, without any thought-out plan, merely in order to hide himself somewhere, wherever it might be, and get some rest from the moral tortures which had become insupportable to him.
“To fly, to fly!” he said in his deathbed delirium as he lay at Astapova.
“Has papa considered that mama may not survive the separation from him?” I asked my sister Sasha on October 29, when she was on the point of going to join him at Shamerdino.
“Yes, he has considered all that, and still made up his mind to go, because he thinks that nothing could be worse than the state that things have come to here,” she answered.
I confess that my explanation of my father’s flight by no means exhausts the question. Life is complex and every explanation of a man’s conduct is bound to suffer from one-sidedness.
Besides, there are circumstances of which I do not care to speak at the present moment, in order not to cause unnecessary pain to people still living. It may be that if those who were about my father during the last years of his life had known what they were doing, things would have turned out differently.
The years will pass. The accumulated incrustations which hide the truth will pass away. Much will be wiped out and forgotten. Among other things my father’s will will be forgotten—that will which he himself looked upon as an “unnecessary outward means.” And men will see more clearly that legacy of love and truth in which he believed deeply, and which, according to his own words, “cannot perish without a trace.”
In conclusion I cannot refrain from quoting the opinion of one of my kinsmen, who, after my father’s death, read the diaries kept both by my father and my mother during the autumn before Lyoff Nikolaievich left Yasnaya Polyana.
“What a terrible misunderstanding!” he said. “Each loved the other with such poignant affection, each was suffering all the time on the other’s behalf, and then this terrible ending!… I see the hand of fate in this.”
FOOTNOTES:
1 [The name we gave to the stone annex.]
2 [The instinct for lime, necessary to feed their bones, drives Russian children to nibble pieces of chalk or the whitewash off the wall. In this case the boy was running to one of the grownups in the house, and whom he called uncle, as Russian children call everybody uncle or aunt, to get a piece of the chalk that he had for writing on the blackboard. “Us,” he said to some one when the boy was gone. Which of us would have expressed himself like that? You see, he did not say to “get” or to “break off,” but to “bite off,” which was right, because they did literally “bite” off the chalk from the lump with their teeth, and not break it off.]
3 [About $3000.]
4 [The zala is the chief room of a house, corresponding to the English drawingroom, but on a grand scale. The gostinaya—literally guest-room, usually translated as drawingroom—is a place for more intimate receptions. At Yasnaya Polyana meals were taken in the zala, but this
