Samuel SMITH: Probate Records 1840-1842

164 Samuel Smith Be it remembered that I Samuel Smith of Mendon in the County of Worcester and Commonwealth of Massachusetts being of sound mind and 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 devise to my three daughters Hannah Southwick wife of Daniel Southwick Margaret Taft wife of Orsinus Taft and Mary S. Bassett wife of Ephraim Bassett all my house hold furniture to be equally divided between them their heirs and assigns forever Finally I give and devise to my two sons Samuel Smith Jun and John R. Smith all my Estate both real and personal not herein before bequeathed and devised wherever the same may be found including any wearing apparel to be equally divided between them their heirs and assigns forever And lastly I hereby constitute and appoint my son Samuel Smith Jun sole Executor of this my last will and testament hereby revoking all other and former wills by me made In witness whereof I have hereunto set my hand and seal this twentieth day of the eleventh month in the year of our Lord one thousand eight hundred and fourty. Samuel Smith X (L. S.) his mark Signed sealed published and declared by the above named Samuel Smith to be his last will and testament in the presence of us who at his request and in his presence have hereunto subscribed our names as witnesses to the same. Asa Kelly James Comstock Jonathan F. Comstock 165 To the Hon. Judge of Probate for the County of Worcester. We the subscribed Heirs at law of Samuel Smith formerly of Mendon but late of Uxbridge in the County of Worcester deceased testate do hereby certify that we have examined the will of the said Samuel Smith dated 20th day 11 month 1840 & agree that the same Instrument may be proved & allowed as the last will of said Samuel Smith. And we do hereby waive all our rights to any further notice from the Hon. Probate Court thereon[?]. Uxbridge Oct. 17, 1842. Daniel Southwick Hannah Southwick Orsinus Taft Margaret S. Taft Ephraim Bassett Mary S. Bassett John R. Smith Worcester ss. At a Court of Probate holden at Uxbridge on the fourth Tuesday of October, A.D. 1842. The instrument hereto annexed purporting to be the last will and testa- ment of Samuel Smith late of Mendon in said County deceased being offered for probate by Samuel Smith the Executor therein named and notice having been duly given and no person objecting to the probate thereof and James Comstock one of the witnesses thereto making affirmation that he saw said testator sign said will and that he with Asa Kelly and Jonathan Comstock attested and subscribed the same as witnesses in the presence of the testator who was then 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. Ira M. Barlow Judge of Probate