Deane Whitney Merrill Jr. (1938-)
10 November 2007
Location:
I Joseph Merrill of Shelburne in the County of Franklin and Commonwealth of Massachusetts being of a sound & disposing mind and memory and calling to mind the frailty and uncertainty of human life and being desirous of settling my worldly affairs, and directing how the estate with which it has pleased God to bless me, shall be disposed of after my decease, do make and publish this my last Will and Testament, hereby revoking and making null & void all other last wills & testaments by me heretofore made.
And as to my wordly estate and all the property real personal or mixed of which I shall die seized & possessed or to which I shall be entitled at the time of my decease I devise bequeath & dispose of in manner following, to wit.
First my will is that all my just debts & funeral charges shall be paid out of my estate, by my executor hereinafter named, as soon as shall be found convenient after my decease.
Then my will is that my beloved wife Lucinda Merrill shall have the use, rents & profits of my real estates following to wit, the use, rents & profits of Toby lot so called containing about seventy acres which is undivided & held in common with Apollos Barnard, also the use of the two acre lot lying east of the Baptist meeting house, during her natural life. Also the use of all my household furniture during her natural life. Also the sum of five hundred dollars in money to be paid to her by my executor hereinafter named in Three Years after my decease to have & to hold the same to her own use.
Also I give, devise and bequeath to my son Joseph Merrill Jr my house &
store & the land upon which they stand situated in
Also I give devise bequeath to my son Joseph Merrill Jr in addition to what I have already given him one undivided half of my farm lying in Shelburne & Coleraine containing about one hundred & seventy acres, and is known by the name of the Patten farm, to have & hold the same to him & his hiers executors administrators & assigns forever - Provided however, and this last bequest & devise to the said Joseph Jr is upon the condition that he shall let my son Rodolphus Merrill have the use & income & occupancy of the same during said Rodolphus natural life. And I make no other provision for my said son Rodolphus.
Also I give devise & bequeath to my son Moses W. Merrill the sum of five hundred dollars to be paid in real or personal estate as my executor, hereinafter named, and the said Moses W. Merrill may agree.
Also I give devise & bequeath to my two grand children Roswell Merrill & Joseph D. Merrill sons of my deceased son Alanson Merrill one undivided half of my farm situated in Shelburne & Coleraine containing about one hundred & seventy acres & is known by the name of the Patten farm, to have & to hold the same in equal shares to them & their heirs & legal representatives. Provided however & this bequest to the said Roswell & Joseph D. is upon the condition that they or their guardians shall pay one half of the loan or mortgage of seven hundred dollars to the Massachusetts Hospitts Life Insurance Company, meaning & intending that the same Roswell & Joseph D. shall pay three hundred & fifty dollars of said loan equally.
Also I give & bequeath to each of my grand children Betsy Comstock, Fanny Comstock, Charles Comstock, & Lucretia Comstock, son & daughters of Austin Comstock deceased, one dollar each to be paid them by my executor hereinafter named in one year from my decease. Also I give devise & bequeath to my Daughter Lucinda Pelton Wife of Charles Pelton the sum of twenty five dollars to be paid to her by my executor hereinafter named in one year after my decease.
Also I give bequeath & devise to my Daughter Emily Bardwell wife of Jarvis B. Bardwell twenty five dollars to be paid her by my executor hereinafter named in one year after my decease.
Also all the rest and residue of my estate real personal or mixed of which I shall die siezed & possessed, or to which I shall be entitled at the time of my decease, I give devise & bequeath to my said son Joseph Merrill Jr, to have & to hold the same to him & his heirs & assigns forever.
And lastly I do nominate and appoint my said son Joseph Merrill Jr to be the sole executor of this my last will & testment
In testimony whereof I the said Joseph Merrill have to this my last will & testament have subscribed my name and affixed my seal this seventh day of June in the year of our Lord One Thousand Eight hundred & forty three
Signed, sealed and declared by the said Joseph Merrill to be his last will & testament in presence of us who at his request and in his presence have subscribed our names as witnesses hereto
Samuel L. Bardwell
Enoch Townsley
Apollos Barnard
Joseph Merrill
[note: Joseph Merrill's signature is in a different
hand than the body of the document. The document itself was probably written by
Joseph Merrill Jr. The same Docket 3202 contains about six or eight other
documents, including an appraisal and detailed specifications for subdivision
of the Patten farm and the buildings thereon. Jerusha Merrill was the legal
guardian of
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