Viall, Caleb will, Upton, Worcester co, MA Transcribed from SAMPUBCO copy by Sheryl Romasco Worcester, MA Will book Vol. 50 Page 220 Upton, MA CALEB VIALL'S WILL In the name of God Amen I Caleb Viall of Upton in the County of Worcester and Commonwealth of Massachusetts, Yeoman being weak in Body but of sound and perfect mind and memory Blessed be the Almighty God for the same, do make and publish this my last Will and Testament, in manner and form following, that is to say. First I give and bequeath unto my beloved Wife Elizabeth Viall, all the Real Estate which I may die seized and possessed of; during and as long as she shall remain my Widow. I also give and bequeath unto my beloved Wife Elizabeth all my household furniture for her benefit, use and disposal I also give and devise to my son James Viall, his heirs and assigns all my Real Estate which I may die seized and possessed, excepting the Dower in said Estate as above, which I have given to my beloved Wife Elizabeth Viall during her being Widow as aforesaid to hold to him the same James Viall, his heirs and assigns forever, from and after the expiration of the Widowhood of my beloved Wife Elizabeth Viall, as before given. I also give to my Son James Viall all my wearing apparel, Farming Utensils and Stock. The abovesaid devise and legacy to my Son James Viall to enable him to provide for his Honored Mother, my wife Elizabeth Viall, one good Milk Cow, so long as she shall remain my Widow and the use of a good Saddle Horse when she shall need at any time during her Widowhood as before mentioned and to pay a sum of One hundred and fifty Dollars, which I order him to pay out of said Estate as shall be here after directed. That is to say- To pay Fifty Dollars to my Daughter Marcy Morse wife of Samuel Morse to be paid in one year from the expiration of the Widowhood of my beloved Wife Elizabeth Viall, if she should survive me, if not in one year from my decease; and also to pay a further sum of Fifty Dollars to my Daughter Marcy Morse in two years from the above mentioned time and also another sum of Fifty Dollars to my Daughter Marcy Morse in three years from the above mentioned time_ accounting in the whole to the sum of One hundred and fifty Dollars_ Which said sum of One hundred and fifty Dollars. I give and bequeath to my Daughter Marcy Morse, Wife of Samuel Morse as Legacy out of my Estate to be paid as before directed._ And also I order my said Son James to pay all my lawfull Debts, which I may be owing at the time of my decease. And lastly_ as to all the rest, residue and remainder of my Personal Estate I give and bequeath unto my said Son James Viall whom I hereby appoint sole Executor of this my last Will and Testament. In witness whereof I have hereunto set my hand and seal the first Day of August, in the year of our Lord One thousand eight hundred and ten Signed, sealed, published and declared by the above named Caleb Viall to be his last Will and Testament in presence of us who have hereunto subscribed our names as witnesses in presence of the Testator. Charles Aldrich Gustavus Aldrich Stephen Kilburn David Davenport Caleb Viall (seal) Worcester SS To all People to whom these Present shall come, Nathaniel Paine, Esq, Judge if the Probate of Wills and in the County of Worcester, within the Commonwealth of Massachusetts, sendeth Greeting Know ye that on the 26th Day of May Anno Domini 1818 the Instrument here unto annexed purporting to be the last Will and Testament of Caleb Viall late of Upton, in the County of Worcester, deceased was presented for Probate by James Viall the Executor therein named; then present Gustavus Aldrich one of the Witnesses thereto subscribed who made oath that he saw the said Testator sign and seal and heard him declare the said Instrument to be his last Willand Testament, and that he, with Charles Aldrich, Stephen Kilburn and David Davenport subscribed their names together as Witnesses to the Execution therof, in the said Testators presence; and that he was then (to the deponents judgment) of sound and disposing mind. I do therefore. Prove, Approve and Allow of the said Instrument as the last Will and testament of the above named Deceased, and commit the Administration thereof, in all matters the same concerning and of his Estate whereof he died seized and possessed in said Commonwealth, unto James Viall 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 Deceased, Debts and Legacies and to render an Account (upon oath) of his proceedings, when thereunto lawfully required. In testimony whereof, I have hereunto set my hand and seal of Office, the day and year above written Nathaniel Paine J. Probate