Viall, Stephen will, Upton, WOrcester co, MA Transcribed from SAMPUBCO copy by Sheryl Romasco Worcester, MA Will book Vol. 394 Page 46 Upton, MA STEPHEN S. VIALL Be it remembered that I Stephen S. Viall of Upton in the County of Worcester and Commonwealth of Massachusetts do on this fourteenth day of October in the year of our Lord one thousand eight hundred and fifty-eight make publish and declare the following as my last Will and Testament, that is to Say I give and bequeath to my beloved wife Joanna B. Viall that part of my new dwelling house we now occupy and one undivided third part of all the rest and remainder of my real estate to have and to hold to her the said Joanna for and during the terms of her natural life. I also give and bequeath to my beloved wife the use and improvement of all my household furniture during her natural life. I also give my beloved wife one cow called the "Speckled Heifer" and one hog and two pigs at her own disposal Ð also one third part of all my personal property after paying debts and settling my estate I give and bequeath to my two daughters to wit. Jemima S. Crooker wife of Benjamin F. Crooker and Amey Ann B. Goldthwait wife of Francis Goldthwait one third part of my real estate that is to say, one half part of the remaining portions thereof (after deducting that portion of the premises I have given to my beloved wife) to have and to hold to them their heirs and assign forever, Share and Share alike I also give and bequeath to my said two daughters two third parts of all my household furniture that I have named above that remains at the decease of my said wife, to be equally divided between them. I also give and bequeath to Num?? Viall wife of my Son John S. Viall the remaining third part of all my household furniture that remains at my said wife's decease. I also give and bequeath to my Son John S. Viall all the rest and remainder of my real estate(including the remainder of all that portion to which I have given my wife a life estate) And personal estate wherever __tuate or however described to have and to hold to him the said John and his heirs and assigns forever. Lastly, I do appoint my Son, john S. Viall Sole Executor of this my last Will and Testament. In Witness thereof I the said Stephen S. Viall have hereunto set my hand and seal the day and year first above written. Stephen S. Viall (seal) Signed sealed published and declared by said Stephen S. Viall to be his last Will and Testament and we who were called as witness signed it in his presence and he in our presence and all in the presence of each other Francis Deane Cyrus G. Wood Benjamin Cook Commonwealth of Massachusetts Worcester __ At a Court of Probate holden at Worcester on the first day of February A.D. 1859 The Instrument hereto annexed having been presented for Probate as the last Will and Testament of Stephen S. Viall late of Upton in said County, deceased, and it being made to appear that due notice has been given to all persons interested; and no objection being made to the probate of the same; and it being also made evident by the oath of Francis Deane one of the witnesses thereto that said instrument was legally executed and that said testator was at the time of the execution of the same of full age and of sound mind; I now adjudge that said instrument is proved, and decree that the same be approved and allowed as the last Will and Testament of said deceased Henry Chapin Judge of Probate and Insolvency