Berkshire County, Massachusetts GenWeb Project


Massachusetts, Wills and Probate Records, 1635-1991, Berkshire Co., Probate Records, Vol 104, Wills No. 3, 1844-1848. From the images. Dashes indicate unclear words.

The volume appears to be originally a series of blank pages on the left side, printed form with blanks on the side, with the intent that the will appear on the left, and the probate on the right. Page numbers are handwritten in the upper left and right corners, respectively.

[281] (this page is all handwritten)

I David Darling of Adams in the county of Berkshire & State of Massachusetts do make & publish this my last will and testament hereby -- and making void all former wills by me at any former time made And first I give & bequeath to my Beloved wife Huldah Darling if she outlives me all the property both real and personal that I may own at my desease during her natural life, except what is hers in after given to my son Henry Darling and she is to pay all my just debts Second I give & bequeath to my son David in trust for the sole use & benefit of my son Henry & his heirs the following estate and which is to be all that the s- Henry is to have of my property viz the following portion of my farm in Adams and the land the south? side of the new road being about twenty five acres also the piece of land where the House & Barn stand north side of the road it being about five acres as it is non fenced also the House & lot & shop &c I bought of James Ratchford in North Village and hereby request my son David to release the aforesaid property to the s'n Henry whenever in his judgement it will be safe and best to do so if it should not be done in the life time of Henry I wish it on his decease to go to his children without any further act or ceremony. All the residue of my estate after my wife decease I give & bequeath as follows to be divided into 9 shares or portions of equal amount I give one share to my son David, one to my Daughter Polly Veizie. two shares to my son David in trust for the sole use & benefit of my two Daughters Sally Harrington & Rebecca Eddy & their families. one share to Wm Ketchum in trust for the sale use & benefit of my Daughter Nabby Ketchum Mother of the sd William and I direct the said Wm to hand over to his Mother from time to time as in his opinion her necessities require. The remaining four shares I give and bequeath and direct to be equally divided among the children of my deceased sons George, Oliver, Andrew & William in equal proportions among each of them as may be alive at the decease of my said wife and I hereby authoris(sic) my Executors and in case of the death of either one? surviving? one? after the decease of my said wife to dispose of all my estate except what is herein given to my son Henry for cash & distribute the same according the provisions of this will if in their judgement such course will best subserve the interest of the legatees and I hereby make & appoint my s'r? son David Darling -- and Edward Richmond the executors of this my last will & testment in Witness Whereof I David Darling have this 22nd day of November AD 1843 set my hand & seal

David Darling LS

--- sealed published and declared by the above named David Darling as & for his last will & testament in the presence of --- who have hereunto subscribed our names as witnesses thereto -- the presence of the s'd testator and in the presence of each other

N?-- 23 1843 James Ingalls
Addison J Ray
Tho Robinson?


[printed standard form bound. brackets surround blanks in the form filled in as indicated.]
Commonwealth of Massachusetts.
Berkshire, ss.
At a Court of Probate holden at [Adams] in and for said County, on the [thirteenth?] day of January in the year of our Lord one thousand eight hundred and forty [seven]

THE FOREGOING INSTRUMENT, purporting to be the last will testament of [David Darling] late of [Adams] in said County deceased, having duly presented for probate to the Judge of said Court, by [David Darling & Edward Richmond]

the execut[ors] therein named.

And [James- Ingalls Addison JRay & Tho Robinson?]

credible witnesses thereto

appear before the Judge of said Court and make oath that they saw the said [David Darling] sign, seal, and heard [him] pronounce, publish and declare the said instrument to be [his] last will and testament, and that they (following lined out: with other credible witness then also present)

at the same time attested the same and subscribed their names, as witnesses in the presence of the said testat[or] and at [his] request, and the [he] was then, according to their best discernment, of sane mind.

Whereupon no objections being offered [and all persons entrusted having been duly cited to appear at this time & place appeared for the probate of sd will as ordered]

and the evidences touching the premises being maturely considered: and all needful enquiries made, it appears to the Judge of said Court, that said instrument [is] proved and ought to be allowed, as the last will and testament of said deceased. It is, therefore, Decreed by the said Judge, that the same be approved allowed, established and recorded, and have full force and effect as such, accordingly, and that the execution thereof be committed, and the administration of the estate of said deceased granted, to the executors above named, who is ordered to give bond in the penal sum of [six thousand] dollars, for the faithful discharge of said trust, in manner and form by law in such cases made and provided.

[Wm P?. Walker] J. Prob.

Provided courtesy of Bruce J Veazie
Emmaus, PA 18049

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