Smith, Elijah will, Douglas, Worcester co, MA
Transcribed from SAMPUBCO copy by Sheryl Romasco
Worcester, MA Will book Vol Douglas 56 page 332

Elijah Smiths Will

I Elijah Smith of Douglas in the county of Worcester and 
Commonwealth of Massachusetts, yeoman being of sound and 
perfect mind and memory, considering the uncertainty of this 
mortal life & contemplating my own dissolution as near, do make 
and publish this my last will & testament in manner and form 
following I.E.

First  I order and direct that my Executor hereafter named shall 
pay out of my estate all my just debts and funeral charges.

2nd  I give and bequeath to my son Robert Smith, one hundred 
dollars, that, with one hundred dollars he has received, is in full 
of his portion in my estate.

3rd  I do also give and bequeath to my daughters, that is Sarah 
Titus and Lydia Bailey and Rebecca Balcom two dollars each.  
That with what they have had is in full of their portion in my 
estate.  I do also give to my grandchildren that is Hinna??? 
Walker and Lydia Morse, children of my daughters Susanna Wlker 
and Mary Morse deceased, one dollar each, that with what their 
mothers have had, is in full of their portion in my estate.

4th  I do also give and bequeath to my son Samuel Smith fifty 
dollars.  That with the grist mill and mill yard and privileges 
which I have deeded to him is in full of his portion in my estate.

5th  I give and bequeath to Dudley Smith, my youngest son, fifty 
dollars, which is full of his portion in my estate.

6th  I order and direst that my Executor hereafter named, pay 
the fore mentioned legacies in two years after my decease.  And 
if my Executor should be unable to pay any sons their portion in 
money, it is my will that they receive it in land, appraised by the 
persons mutually chosen by my Executor and my other sons, and 
such part of any lands as my Executor shall choose.

7th  I give, bequeath and devise to my other son Elijah Smith. All 
the remainder and residue of my estate both real and personal 
wherever it may be found provided he shall pay the above 
mentioned debts and legacies.

Lastly  It is my will that enough be deducted out of what I have 
given to my sons above named (each of them bearing an equal 
proportion) to procure decent grave stones for myself & my 
beloved wife Douglassa Smith, deceased, and my Executor is 
hereby authorized and empowered to do it.

  And I do hereby appoint my son Elijah Smith Executor of this 
my last will and testament, hereby revoking all former wills by 
me made.

	In witness where of I have hereunto set my hand and seal 
this twelfth day of June in the year of our lord, one thousand 
eight hundred & twenty one.  Signed, sealed, published, and 
declared by the above named Elijah Smith to be his last will and 
testament in presence of us witnesses.
David Wallis
Samuel Wallis						Elijah Smith
David Holman

Worcester SS  To all people to whom these presents shall come  
Nathan 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 first day of January Anno Dominus 1822 the 
instrument hereunto annexed purporting to be the last will and 
testament of Elijah Smith late of Douglas in the county of 
Worcester deceased was presented for probate and the Executor 
there in named having declined the trust present David Holman 
one of the witnesses thereto subscribed who made oath that he 
saw the said testator sign and seal & heard him declare the said 
instrument to be his last will & testament, and that he with 
David Wallis & Samuel Wallis subscribed their names together as 
witnesses to the execution there of in the said testators 
presence and that he was then (to the best of the deponents 
judgment) of sound & disposing mind.

  I do therefore prove, approve and allow of the said instrument 
as the last will & testament of the above a named deceased and 
commit the administration there of, in all matters the same 
concerning and of his estate where of he died, seized and 
prospered in said Commonwealth unto John Rich of Sutton In said 
County will & 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 according to law and to 
render an account (upon oath) of his proceedings when thereunto 
lawfully required.

In testimony where of I have hereunto set my hand and seal of 
office the day & year above written.
							Nathan Paine
See original in file for Jan 7 1822