Viall, James will, Upton, Worcester co, MA
Transcribed from SAMPUBCO copy by Sheryl Romasco
Worcester, MA Will book Vol. 80 Page 158
Upton, MA

JAMES VIALL'S WILL

In the name of God Amen
	I James Viall of Upton in the County of Worcester and Commonwealth of 
Massachusetts being sick and weak of body but of sound and disposing mind, 
memory and understanding, do make, publish and declare this as my last will and 
testament, hereby revoking all former wills by me made.
	And my will is first, after my decease, my body shall be decently buried and 
that my funeral charges and my just debts shall be paid by my executor 
hereafter named.  And as to the residue of my estate and property with which it 
has pleased God to bless me.  I give devise and dispose thereof as follows to wit.  
I give my beloved wife Rhoda Viall the use of the two east bedrooms and _uttery 
and the room in which I ___ live in the Southeast corner of the house and a 
privilege in the Chamber over the room last mentioned.  Also the use of the Milk 
Cellar and a privilege in the old Cellar and to be provided with vegetables from 
the garden and fruit from the Orchard.  Also the use of a good cow to be kept 
for her on the farm where I ___ live at the expense of my executor.  And also 
to be provided with wood sufficient for the support of our fire to be cut up at 
the door fit for the fireplace in the room she is to occupy and also the use and 
also the use of my household furniture, other than that which she brought with 
her at the time of our marriage so long as she shall remain my widow and at the 
time of her marriage or decease my will is that said household furniture be 
equally divided between my son Stephen S. Viall and my daughter Jemima Corban 
wife of Henry Corban and the household furniture above mentioned which she 
brought with her at the time of our marriage to be for her use benefit and 
disposal forever.  And my will is that my executor pay to my widow twenty six 
dollars annually in addition to the above bequest during her natural life or so long 
as she remains my widow the above named privileges and bequests I have __ach 
for my beloved wife in lieu of her dower at law.

I give to my grandson James Viall Sweet five dollars.

I give and bequeath to my Grand daughter Martha Kinnister wife of Lowel 
Kinnister two dollars.

I give and bequeath to Caleb Luther Sweet my Grandson two dollars.

I also bequeath to my Grandson _acy Sweet two dollars

The above bequests to the four grand children above named I order my Executor 
to pay in six months after my decease.

I also bequeathe to my three Grand Children (vis) Abraham Viall Rawson, 
Delaffatt(??) Rawson, and Joshua Rawson children of Wilson Rawson 2 one dollar 
to each of them to be paid by my executor in six months after my decease.

I also bequeathe to my beloved daughter Jemima Corban wife of Henry Corban 
thirty dollars to be paid by my Executor in the following manner (vis) Ten dollars 
in one year after my decease and the remainder in ten dollar annual payments till 
the whole is paid without interest.  I also give and bequeathe to the said Jemima 
Corban one cow to procured for her in six months after my decease by my 
Executor. I also bequeathe to said Jemima Corban my warming pan to be delivered 
to her after the decease of my beloved wife.

I bequeathe to my grand daughter Jemima S. Viall daughter of Stephen S. Viall 
six silver tea spoons which are now in use and to which she shall be entitled to 
receive after the decease of my beloved wife.  The warming pan and tea spoons 
are not designed to be included in the aforesaid division of the household 
furniture.

I bequeathe to my beloved Sister Mercy Morse, widow of Samuel Morse deceased 
a book called Pilgrim's Progress.

Lastly I give and bequeathe all the rest and residue of my estate not otherwise 
disposed of in this my last will and testament real personal and mixed including all 
the land and buildings thereon Stock and farming tools together with whatever 
may be due to me and whatever I may possess at the time of my decease to my 
beloved and only Son Stephen S. Viall to have and to hold the same to him and his 
heirs Executors, Administrators and Assigns to his and their use and behalf 
forever.

And I do nominate and appoint my said Son Stephen S. Viall to be the sole 
Executor of this my last will and testament.

In testimony whereof I the said James Viall have to this my last will and 
testament contained on this one sheet of paper subscribed my name and affixed 
my seal this twenty fourth day of November in the year of our Lord one thousand 
eight hundred and thirty six.

Signed sealed and declared by the said James Viall to be his last will and 
testament in presence of us who at his request and in his presence have 
subscribed our names as witnesses hereto.

Daniel Fiske Jr
Welcome Comstock
Mowry Prentice

										James Viall (Seal)

Commonwealth of Massachusetts

Worcester SS

	By the Honorable Ira Barton Judge of Probate with and for said County of 
Worcester in the Commonwealth aforesaid.

At a Court of Probate heldin(??) at Worcester in said County on the fourth day of 
April in the year of our Lord one thousand eight hundred and thirty seven, the 
instrument hereunto annexed from ___ing  to be the last will and testament of 
James Vial late of Upton in said County of Worcester, deceased, was presented 
for probate by Stephen S. Vial the executor therein named; then present Daniel 
Fiske Jr one of the witnesses thereto, who made oath, that he saw said testator 
sign seal, and heard him declare said instrument to be his last will and testament, 
and that he with Welcome Comstock and Mowry Prentice attested and subscribed 
the same as witnesses, in said testators presence; and that he was then of sound 
and disposing mind.
	I do, therefore, approve, and allow of said instrument as the last will and 
testament of said testator, and commit the administrator thereof, and of the 
estate whereof he died seized and possessed in said Commonwealth, unto the 
before named executor who _____ said trust and gave bond well and truly to 
administer said estate according to law and to said will, and to pay all debts and 
legacies.

	In testimony whereof, I have hereunto set my hand and the seal of the said 
Court of Probate the day and year above written.


										Ira Barton