Worcester County MA Archives Wills.....Bennett, Russell January 14, 1860
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File contributed for use in USGenWeb Archives by:
Sandra Johansen myrtle1893@att.net July 14, 2006, 4:21 pm

Source: Transcribed From Sampubco Copy
Written: January 14, 1860

Russell Bennett In the Name of God Amen.  I Russell Bennett of Mendon in the 
County of Worcester and Commonwealth of Massachusetts yeoman being in a weak 
and infirm state of health, but of sound and disposing mind and memory do make 
and publish this my last will and Testament, herby negating and making null 
and void all other Wills heretofor by me made, As to all the property real and 
personal where of I shall die owned and possessed, or to which I shall be 
entitled at the time of my decease, I give devise and bequeath the same in the 
manner following to wit. 
First.  My will is that all my just debts and funeral charges shall be paid 
out of my estate, by my executive herinafter named as soon after my decease as 
shall by her be found convenient.  Secondly, I give and bequeath to my son 
Herbert A Bennett the sum of five dollars to be paid him by my Executive out 
of my estate.  Thirdly I give and bequeath to my beloved wife Roba M Bennett 
all the personal estate whereof I shall die siezed and possessed, after the 
payment of my funeral charges and the above legacy to Herbert A Bennett.  
Forthly I give and devise to my beloved wife Roba M Bennett one undivided 
third part of all the real estate of which I shall die siezed and possessed, 
or to which I shall be entitled at the time of my decease, (said real estate 
now consisting of two separate tracts of land, one of about sixty acres, 
situate in said Mendon, on the road heading from Hopedale to said Mendon and 
where now stands the house and buildings by me occupied and the other of said 
tracts of about thirty acres being in Milford of said County and purchased by 
me of the estate of the late Seth T Davenport together with all the buildings 
and appurtenances to said tracts belonging)to have and to hold the same to her 
for and during her natural life and the devision of remainder thereof I give 
and devise to my two sons George R Bennett and Albert T Bennett, their heirs 
and assigns forever, and in case either of them should die before my said 
wife, their to the survivor of them in fee.  Fifthly I give and devise to my 
beloved wife Roba M Bennett the use and improvement of the remaining undivided 
two thirds of my said real estate until my son Albert T Bennett shall arrive a 
the age of twenty one years in case he shall live as long, and upon his 
arrival at the age of twenty one years I give and devise said remaining two 
thirds of my real estate to my two sons George R and Albert T Bennett, their 
heirs and assigns forever.  And in case my said wife should die before said 
Albert T arrives at the age of twenty one years, then I give and devise said 
two thirds upon her decease to my two sons George R and Albert T Bennett their 
heirs and assigns forwver. And in case said Albert T should die before 
arriving at the age of twenty one years, I give and devise said two thirds, 
upon his decease, to my son George R Bennett his heirs and assigns forever.  
And in case said George R should die before said Albert J  should arrive at 
the age of twenty one years, then I give and devise said two thirds, upon his 
arriving at the age of twenty one years to my son Albert T Bennett his hiers 
and assigns forever.  Sixthly The real property above devised to my said wife 
is given her upon condition that she shall pay all texes on said real estate 
and keep the same in good repair and shall maintain and provide for my said 
son Albert T until he attains his majority giving him A good education and 
supplying him with all things necessary and suitable to his station in life.
Seventhly. All the rest and residue of my estate, real, personal or owed, of 
which I shall die owed or possessed, or to which I shall be entitled at the 
time of my decease I give devise, and bequeath to my said sons George R. 
Bennett and Albert T Bennett their heirs and assigns forever.  Lastly I herby 
constitute and appoint my said wife Roba M Bennett to be sole executrix of 
this my last Will and Testament. In testimony where of I have here unto set my 
hand and seal and publish and declare this to be my last Will and Testament in 
the presence of the witnesses named below this fourteenth day of January in 
the year of our Lord one thousand eight hundred and sixty.   Russel Bennett 
(seal)
Signed and sealed published and declared by the said Russell Bennett as and 
for his last Will and TEstament in presence of us, who in his presence, and in 
the presence of each other, and at his request have subscribed our names as 
witnesses hereto.  The work "real" having been interlined before signing. 
H.B. Staples; C A Deney Jr; thomas B. Staples

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