Worcester County MA Archives Wills.....KELLY, ASA April 18, 1850 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ma/mafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Sandra Johansen myrtle1893@att.net July 14, 2006, 3:28 pm Source: Transcribed From Sampubco Copy Written: April 18, 1850 Recorded: June 1, 1852 Be it remembered that I Asa Kelly of Blackstone in the county of Worcester & Commonwealth of Massachusetts being of sound disposing mind & memory do make and publish this my last will and testament in manner and form following (that is to say) firstly my will is that all my just debts and funeral charges be paid by my Executor hereinafter named. Secondly I give and bequeath to my beloved wife Lydia C Kelly the use; improvement and income of all my Real Estate during her natural life: I also give her the income to or Interest of all my securities fro money, during the term of her natural life; I also give and bequeath to her all my house hold furniture and the provisions that may be on hand and in the house at the time of my decease, including this bequest my Brass Clock, and my will further is that if the income or profits as above stated should not be sufficient to make her comfortable in sickness and in health then my Executor is herby directed to supply her from time to time as may be necessary t make up such deficiency from my money which may be at interest. Thirdly I give & devise to my Moses & Eli Kelly sons of my brother Seth Kelly one eights part of all my Estate both Real & Personal (except my wearing apparel) that may remain, and is not disposed by virtue of the second bequest, to them their Heirs and assigns forever to be equally divided between them, they to come into the possession thereof at the decease of my wife. Fourthly I give and devise to my niece Elizabeth A Osborne wife of John Osborne one eight part of all my Estate both Real & Personal to her, her heirs and assigns forever. Fifthly I give & devise to my niece Catherine Comstock wife of James Comstock one eight part of all my Estate both Real & Personal to her [inserted their] heirs and assigns forever. Sixthly I give and devise to my brother John Kelly one eight part of all my Estate both Real & personal to him his heirs and assigns forever. Seventhly I give and bequeath to my nephew Oliver A Kelly the income or profits of one eight part of [Pg 40]all my estate both Real & Personal during his natural life and at his decease the remainder I give & devise t his two children Hannah D Kelly and Daniel Kelly their Heirs and Assigns forever to be equally divided between them. Eighthly I give and devise to my niece Dorcas A Kelly daughter of my brother David, one eight part of all my Estate both Real & Personal to her, her heirs and assigns forever; but should she not be living at the time of my decease, then my will is that it go to my brother David his Heirs & assigns. Ninthly I give & devise to my two nephews Alanson and Benjamin T Kelly sons of my brother Mark Kelly in trust one eight part of all my Estate both Real and personal to them their Heirs & assigns for the flowing purposes viz: to be applied to the comfortable maintenance and support of my brother Mark Kelly the support to commence 8th month A.D. 1848 and to continue during his natural life if it amount to sufficient therefore and should he decease before it be all used up for that purpose, the residue I give & bequeath to my said nephews. Tenthly I five & devise to my nephew William A Kelly son of my brother David one eight part of all my Estate both Real & Personal t him his Heirs and assigns forever. All these several bequests & devises are subject to the same exceptions as stated in the third devise and the time of taking possession the same viz: at the decease of my wife. Eleventhly I give & bequeath to my brother David Kelly all my wearing apparel. Lastly I herby constitute and appoint Moses Kelly Sole executor of this my last Will and Testament herby negating all other & former Wills by me made. In witness where of hereunto set my hand and seal this eighteenth day of the fourth month in the year of tour Lord one thousand eight hundred & fifty (1850) Asa Kelly (L.P) Signed, sealed, published and declared by the above named Asa Kelly to be his last will & testament in the presence of us, who at his request, and in his presence have hereunto subscribed our names as witnesses t the same. Rowland Rathbun, Lyman Paine, E.N. Paine [p41] Commonwealth of Massachusetts. Worcester, p. At a court of Probate holden at Worcester on the first day of June A.D. 1852. The Instrument hereto annexed, having been presented for probate as the last will and testament of Asa Kelly late of Blackstone 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 t the probate of the same; and it being also made evident by the oath of Lyman Paine one of the witnesses thereto, that said instrument was legally executed, and that the said testator was, at the time of the execution of the me 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. Thos Kinnicutt Judge of Probate File at: http://files.usgwarchives.net/ma/worcester/wills/kelly3gwl.txt This file has been created by a form at http://www.genrecords.org/mafiles/ File size: 5.6 Kb