Sunday, August 3, 2014

Amanuensis Monday - Will of Mary Smith 1863


Mary Smith
In the name of God Amen

I Mary Smith of Burrillville in the County of Providence and
State of Rhode Island, Widow being weak in body but of sane
mind, in view of my of my approaching dissolution do make this
my last will and Testament in manner following that is to say:
First I give & bequeath to my Nephew Daniel S Sayles son of
Pitts Sayles, my large Silver spoons marked D. S.
Second I give and bequeath to Mary D. Stokes, Daughter of Daniel
S. Shumway twenty five dollars in money.
Third I give & bequeath to James S. Shumway Son of Daniel S.
twenty five Dollars.
Fourth I give and bequeath to Sarah S. Coggswell, Henry H.
Shumway & Louisa R. Shumway, Children of Daniel S. Shumway
Ten dollars each, all the above named legaries are to be paid out of
my personal estate by my executors herein named within one year
after my deceased.
Fifth I give devise & bequeath unto my Nephews Daniel S. Shumway
& unto my Niece Lucy Sayles wife of Pitt Sayles all the rest and



residue of my estate of every kind and wheresoever situate or lying 
equally between them share and share alike to them & their heirs
and assigns forever, they paying out of the same all my just debts 
funeral charges and expenses of settling my estate.
Lastly, I hereby nominate and appoint Daniel S. Shumway and
Lucy Sayles aforenamed sole Executors of this my last Will & Testa-
ment and do hereby revoke all other and former wills by me made
and publish and establish this and this only as my last Will
and Testament.
In Testimony whereof I have hereunto set my hand at Burrill-
ville this fifth day of May in the year of our Lord one thousand
eight Hundred & Sixty two.
Signed published and and declared by Mary Smith as and for her last 
Will and Testament in our presence who have at her request and in
her presence and in presence of each other hereunto set our names
as Witnesses.
Whipple Walling                          Mary Smith
John A. Field
John Walling

I Mary Smith of Burrillville in the County of Providence &
State of Rhode Island do this 20th day of May A. D. 1863 make
& publish this codicle to my last Will and testament in manner 


following that is to say.
Whereas in my said Will I have given to my Nephew Daniel S. Shum-
way and Lucy Sayles wife of Pitts Sayles the remainder of my estate
of every kind which I have not named above & given away.  I do hereby 
order and declare and my Will is that portion of my estate which I
give to my Nephew Daniel S. Shumway.  I give devise & bequeath to 
Thomas D. Sayles & his heirs & assigns forever.  I do hereby nominate 
and appoint the said Thomas D. Sayles in connection with Lucy
Sayles to be Executors in lieu of Daniel S. Shumway.
And I hereby order this my codicil to be ammened to and make a
part of my last Will and Testament to all intents and purposes. 
In testimony whereof I have hereunto set my hand at Burrillville
this 20th day of May in the year of our Lord one thousand eight hun-
dred & Sixty three.
Signed published & declared by Mary Smith as & for her last Will &
 Testament in our presence who have at her request in her presence
& in presence of each other hereunto set our names as Witnesses.

Charles Moore                                                Mary Smith
John Walling
Martha S. Walling


I ordered this Will from SAMPUBCO from a list of Massachusetts Will Testators Index.  It turned out to be the wrong Mary Smith for me.  If this Mary Smith is in your tree, let me know!

2 comments:

  1. As I started reading this post, Laura, I was thinking how amazing it was that you would find your ancestor Mary Smith's will -- with such a common name as Mary Smith, there could be hundreds in any given area. And then I got to the end. I'm so sorry this isn't the Mary Smith you hoped it would be. I have Smiths in my family, too. What a challenge!

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    Replies
    1. Yes, Nancy, I took a gamble and lost. So I hope my loss can be someone else's gain. Thanks for reading!

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