Seth KELLY: Probate Records 1799

70 Seth Kelley, Will I Seth Kelly of Mendon & County of Worcester and Commonwealth of Massachusetts, Clothier, Do make and ordain this my last Will and Testament in manner and form as follows, that is to say, First I give unto my beloved Wife Molly Kelley the one half of my improved Land throuought [sic] all those messuages or tennements with the appurtenances, except the Penniman Pature, so called, with fire wood cut fit for one fire at the Door. I also give her three Quarters of my indoor household moveable estate with two Cows and my Horse and Carriage and one Swine, and I further give her and my children that live at home with her all my provissions that shall be left after my decease — and I further say that she shall be paid fifty Dollars six months after my Decease to hold all the above demised premisses to her the said Molly Kelley so long as she shall remain my widow — I do also give unto my Son Seth Kelley, all my weaving Cloths and Cloth that is made for me to ware and one Sixteenth part of the Forge with what belongs to one Sixteenth part and one hundred and fifty Dollars, one hundred to be paid in one year after my decease, and the other fifty in one year after my wives decease & also one third part of all my money notes and accounts after my just Debts are paid, with one third part of all iron and Stock at the Forge and also one third part of the Penniman Pasture, so called, that was lately bought — I give to my Daughter Mehitable Allens Seven Children one hundred Dollars with what I gave her heretofore to be equally divided between them as they come of age, but if either of them should be taken away by Death that part or their parts to be equally divided amongst the rest, one half to be paid in one year after my decease and the other half to be paid in one year after my wives decease — the above legacy is to be pay to them or their lawfull Guardians I do also give unto my Daughter Lettice Farnum One hundred Dollars with what I have given her heretofore, One half to be paid in one year after my Decease and the other half to be paid in one year after my wives decease I do also give unto my Son Willis Kelley Four hundred Dollars with [what] I have given him heretofore, One half to be paid in one year after my decease — Uxbridge May 28th 1799 — 71 and the other half to be paid in one one [sic] year after my wives decease and I also give him one third part of all my money and notes and Book accounts after my Debts are paid, with one third part of all my iron and Stock at the Forge, and also one third of the Penniman Pasture (so called) lately bought — I do also give unto my Son Asa Kelley two hundred Dollars, one half to be paid in One year after my Decease and the other half to be paid in one year after my wives decease and also one third part of all my money, notes and Book accounts after my Debts are paid with One Eight part of the Forge with what belongs to that part and one third part of all iron and Stock that belongs to me in said Forge, with one third part of the Penniman Pasture so called, lately bought — I do also give unto my Daughter Mary Kelley, One Quarter of my indoor household goods, with the Northwest great room, with a priviledge in the Chamber over the said room, and in the Cellar under the said room, with a priviledge to pass to and from the Cellar and Chamber, with firewood for one fire, cut fit for the fire at the Door — and also twenty four Dollars paid to her yearly every year so long as she remains a Single woman, to be paid and found as I shall hereafter denot And I do also give unto my sons John Kelley Daniel Kelley, David Kelley and Mark Kelley, all my Freehold estate except what I have not disposed of otherways, with what Stock that is not disposed of with all the Farming and Clothiers Tools to be divided between you four & to come into possession of one half the Estate at my decease and the other half at your mothers Marriage or Decease, and also that you shall pay Mary Kelly twenty four Dollars after our Decease, or if your mother should marry again then at her marriage, yearly and every year so long as she dooth remain a Single woman, and provide firewood for one fire, cut fit for the fire at the Door, all the above is to be paid and provided between you four equally, but if she should Marry then you are to pay her two hundred Dollars equally between you four Lastly I appoint my Wife and my Son Seth Kelley Executors to this my last Will and testament, and do hereby disallow all other or former wills bequeaths or Executors by me heretofore made given or named, confirming this and no other to be my last, In witness whereof I have hereunto set my hand and Seal this fourth Day of the fourth month in the year One Thousand seven hundred & ninety nine — Signed, Sealed and delivered by the said Seth Kelley to be his last Will in presence of us who in his presence and in presence of each other have hereunto set our names as witnesses— Darius Daniels — Ezra Allen — — Seth Kelley (Seal) Saml Smith — Worcester ss To all people who shall see these presents Joseph Dorr Esqr Judge of the Probate (Seal) of Wills &c in & for the County of Worcester, within the Commonwealth of Massa- chusetts — — — Sendeth Greeting — Know ye that on the 28th Day of May A.D. 1799 the Instrument herewith annexed purporting the last Will and Testament of Seth Kelley late of Mendon in the County of Worcester deceased, was presented for Probate by Molly kelley and Seth Kelley the Executors therein named, then present Darius Daniels and Ezra Allen two of the witnesses thereto subscribed who made Oath or affirmation that they saw the said Testator sign Seal and heard him declare the said Instrument to be his last Will and Testament and that they with Samuel Smith Subscribed their names together as witnesses to the execution thereof in the said Testators presence and that he was then to the best of their Judgement of Sound disposing mind. —I do therefore Prove approve and allow of the said Instrument 72 as the last Will and Testament of said deceased, and commit the administration thereof in all matters the same concerning and of his Estate whereof he died Seised & possessed in said Commonwealth unto Seth Kelley one of the Executors before named well and faithfully to execute said Will and to administer the Estate of said Deceased according thereto, who accepted said trust and hath given bond pursuant to Law and he shall render an account of his proceedings when thereunto lawfully required. In Testimony whereof I hereunto set my hand and Seal of office the Day and year above written — Jos Dorr JProb Entered from the original [fr.?] Theophs Wheeler Regr