Oliver Wendell Holmes, Jr., Associate Justice of the United States Supreme Court, died on March 6, 1935; his will contained the following residuary clause,
βAll of the rest, residue and remainder of my property of whatsoever nature, wheresoever situate, of which I may die seized and possessed, or in which I may have an interest at the time of my death, I give, devise, and bequeath to the UNITED STATES OF AMERICA.β[3]
The value of the bequest was roughly $263,000 at the time of Holmes's death and it was President Franklin Roosevelt who recommended the gift be used to document and promote the law. In 1938 a committee of three Congressmen, three Senators, and three Supreme Court members recommended four options for the gift. The options were: (1) establish a collection of legal literature in the Library of Congress, (2) turning Holmes residence into a permanent memorial, (3) publishing Holmes writings, or (4) creating a memorial park in Washington dedicated to Holmes. Congress approved the third and fourth recommendations in 1940, however, World War II pre-empted execution of the plans. The matter was finalized in 1955 with Public Law 84-246 which established the Permanent Committee for the Oliver Wendell Holmes Devise to publish an official history of the Supreme Court. The Committee has four members appointed by the President as recommended by the Association of American Law Schools, the American Philosophical Society, the American Historical Association, and the Association of American Universities, with the Librarian of Congress serving as ex officio chairperson.[4] The series has not been published in volume order. The first published were Volume 1: Antecedents and beginnings to 1801 and Volume 6: Reconstruction and reunion, 1864-88 in 1971. Published in 2023, the most recent history is Volume 10: The Taft Court. A volume covering the Earl Warren court was expected in 2017, but has yet to be published.[1]