Josiah Pease will, Upton, Worcester, Massachusetts ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************ ----------- The Will of Josiah Pease (1735 – 1814) Transcribed from SAMPUBCO copy by Tom Pease, ttpease@comcast.net, Worcester County, Massachusetts Volume 43, Pages 541 to 544 ************************************************************************ Josiah Peases Will. In the name of God, Amen. I Josiah Pease of Upton in the County of Worcester and Commonwealth of Massachusetts, yeoman considering the uncertainty of this Mortal life and being of sound and perfect mind and memory blessed be Almighty God for the same, do make and publish this my last Will and Testament in manner following - that is to say I give and bequeath to my beloved Wife, during her life the use and improvement of the East and of my New Dwelling House in Upton aforesaid that is to say – the East front room, the Cellar under it, the Bedroom adjoining it, the Chamber and Garret over it, also the whole of the kitchen on the North side of said Houses and a privilege at all times to draw water from the Well going to and returning from said Well in that way which shall be most convenient for her. I also give and bequeath to my said beloved Wife the sum of One hundred Dollars a year to be paid to her yearly so long as she shall live after my decease by my Executor hereafter named. I also give to my said beloved Wife the use of my Eight Day Clock so long as she shall live and after her decease, I give and bequeath the said Clock to my Son Josiah Pease Junior. I give also to my said beloved Wife the use of the front Entry & door in my new Dwelling House. I also give and bequeath to my said beloved Wife all my Household Furniture, Beds, Bedstands & Bedding and Linen. I give to my beloved Daughter Abigail Hall, Wife of William Hall of Wardsborough in the County of Windham & State of Vermont gentleman, and to her Heirs, the sum of Six hundred & sixty six dollars and sixty seven cents to be paid to her or her Heirs by my Executor hereafter named, in manner following, that is to say – one quarter part of said sum in one year after my decease, and one quarter of said sum in Two years after my decease, a third quarter of said sum in Three years after my decease and the remaining quarter of said sum in Four years after my decease – which with what I have heretofore given to my said Daughter Abigail Hall, is to be the whole, she or her heirs are to receive out of my Estate. I give and bequeath to my beloved Daughter Mary Hayward Wife of John Hayward of Wardborough in the County of Windham and State of Vermont yeoman, and to her Heirs, the sum of six hundred & sixty six dollars and sixty seven cents to be paid to her or her Heirs by my Executor hereafter named, in manner following, that is to say – one quarter part of said sum in one year after my decease, a second quarter of said sum in Two years after my decease, a third quarter of said sum in Three years after my decease and the remaining quarter of said sum in Four years after my decease – which with what I have heretofore given to my said Daughter Mary Hayward, is to be the whole, she or her heirs are to receive out of my Estate. I give and devise [word crossed out and “bequeath” inserted] bequeath to my beloved Son Aaron Pease of Upton afore said the sum of Ten Dollars, to be paid him or his heirs in three months after my decease, by my Executor hereafter named – which sum with what I have heretofore given him is to be the whole my said Son Aaron or his heirs are to receive out of my Estate. I give and devise to my beloved Son Josiah Pease Junior of Upton aforesaid, and to his heirs and assigns forever, all the Real Estate of which I shall die seized in possession, reversion or remainder whenever said Real Estate may be situated or lying with all the Buildings standing or being thereon, excepting however what I have devised to my beloved Wife for and during her life, in manner as aforesaid, and upon her decease, the Estate of which I have given to her the use and improvement during her life as aforesaid, I give and devise to my said Son Josiah Pease Junior his Heirs & assigns forever. I give and bequeath to my said beloved Son Josiah Pease Junior, all my Personal Estate of every name and description, excepting what I have given to my beloved Wife as aforesaid. I also give and bequeath unto my said Son Josiah Pease Junior his heirs and assigns all Bonds, Mortgages, Promissory Notes, or other demands, which may become due & payable after my decease. I also give & bequeath to my said Son Josiah Pease Junior all monies or Bank Bills of which I may die possessed. I also give and bequeath to my said Son Josiah Pease Junior all Farming Tools, Wearing Apparel and in fine all Personal Property and Estate, of which I may die possessed, or may have a lawful right to demand, receive and hold, at the time of my decease, or which my Executor hereafter named may have a lawful right to demand, sue for, receive and hold. All the above I give & bequeath to my said Son Josiah Pease Junior his heirs and assigns, the better to enable him to pay all the Legacies aforesaid, to pay and discharge all my just Debts, to pay my Funeral expenses and the Funeral expenses of my beloved Wife. All which I hereby direct and order my said Son Josiah Pease Junior faithfully to do and perform according to my Will and Mind as before herein expressed. And I hereby constitute and appoint my said beloved Son Josiah Pease Junior sole Executor for this my last Will and Testament hereby revoking all former Wills by me made. In Witness whereof, I have hereunto set my hand and seal this Twenty seventh day of January, in the year of our Lord One thousand, eight hundred and nine. Signed, sealed, published and declared by the above named Josiah Pease to be his last Will & Testament in the presence of us who have hereunto subscribed our names as Witnesses in the presence of the Testator. Seth Hastings Richard George Timothy Hammond Josiah Pease (L.S.) Worcester SS (L.S.) To all People to whom these presents shall come, Nath Paine Esq Judge of the Probate of Wills & in the County of Worcester, within the Commonwealth of Massachusetts. Sendeth Greeting Know ye that on the sixth day of September Anno Domini 1814 the instrument hereunto annexed purporting the last Will and Testament of Josiah Pease late of Upton in the County of Worcester deceased was presented for Probate by Josiah Pease the Executor therein named, then present Richard George Esq. one of the Witnesses thereto subscribed, who made oath that he saw the said Testator sign, seal and heard him declare the said Instrument to be his last Will & Testament & that he with Seth Hastings Esq. & Timothy Hammond subscribed their names together as Witnesses to the Execution thereof in the said Testator’s presence, and that he was then to the best of the Deponents judgment of sound and disposing mind. I do therefore Prove, Approve and Vow of the said Instrument as the last Will and Testament of the above named Dec’ and commit the Administration thereof in all matters the same concerning and of his Estate whereof he did seized & possessed in said Commonwealth, unto Josiah Pease the before named Executor well and faithfully to execute the said Will and to administer the Estate of the said Deceased, according thereto, who accepted said trust and has given Bond to pay the Debts & Legacies of said Deceased & to render an Account (upon Oath) of his proceedings when thereunto lawfully required. In Testimony whereof I have hereunto set my hand & seal of Office the day and year above written. Nath Paine ************************************************************************ ****** Notes: L.S. - locus sigilli (the place of the seal) In fine – in conclusion, in summary The word “First” is inserted in the left margin next to the beginning of the second paragraph. The next four paragraphs have the word “Item” inserted in the margin at the start of each paragraph. A little info about Josiah: PEASE, Josiah b. 28 JUN 1735 Upton, Mass. d. 20 JUL 1814 Upton, Mass. Parents: Father: PEASE, Josiah Mother: STOWELL, Abigail Family: Marriage: 14 JUL 1757 Upton, Mass. Spouse: NUTTING, Lydia b. 1737 d. 1 FEB 1811 Upton, Mass. Children: PEASE, Abigail PEASE, Mary PEASE, Aaron b. 15 NOV 1770 Upton, Worcester, Mass. PEASE, Josiah b. 25 MAY 1774 Upton, Worcester, Mass. PEASE, Stowell b. 23 APR 1778 Upton, Worcester, Mass.