Will of Aaron Smith, Ware, MA; Includes Lawtey, Bradford, FL 1892
SOURCE: "Florida, Probate Records, 1784-1990," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1942-31424-3774-39?cc=2046765&wc=MW4V-N36:350467601,350477801 : accessed 10 February 2015), Bradford > Wills and estates 1892-1939 > image 30 of 347; county courthouses, Florida.
Transcribed and submitted by Dori Emerson Lloyd on February 8, 2015.
Wills and Estates 1892-1939 page 13 — 18
Commonwealth of Massachusetts
Hampshire=SS=
Probate Office__ I Hubbard M Abbott, Register of the Probate Court for said County of Hampshire, having by law the Custody of the seal and of the Records, Books, Documents and Papers of or appertaining to said Court, hereby certify the papers hereto annexed to be true Copies of papers appertaining to said Court and on file and of Record in the office of said Court, the same being the last Will and Testament of Aaron Smith late of Ware in said County of Hampshire deceased, and Matters pertaining to the Probate of said last Will and Testament In Witness whereof, I have hereunto set my hand, and the seal of said Court, This twenty fourth day of February, in the year of our Lord: One Thousand eight hundred and ninety four.
{seal} attest Hubbard, M. Abbott, Register,
Commonwealth of Massachusetts } Hampshire, s.s. Probate Court } I, William G. Bassett Esq
Judge of the Probate Court, within and for the County of Hampshire, hereby certify that, Hubbard M. Abbott whose signature is affixed to the annexed Certificate and attestation is the regular and proper certifying officer of said Court, and has by law the Custody of the seal, and all the Records books, documents and papers of or appertaining to said Court and that said Certificate and attestation are in due form, and entitled to full faith and credit In Witness Whereof, I have hereunto set my hand this twenty fourth day of February -- in the year of our Lord Eighteen hundred and Ninety four
Wm G Bassett, Judge of Probate.
Page 13
Be it remembered that I, Aaron Smith of Ware, Hampshire County and State of Massachusetts, being of sound and disposing mind and memory, but knowing the uncertainty of this life -- do make this my last Will and Testament. After the payment of my just debts and funeral charges, I bequest and devise as follows.
2) To my wife Sarah Jane Smith and my son in law Myron Bailey both of said Ware, as trustees in trust all of my remaining real estate situate in said Ware, and also in Lawtey, Bradford County State of Florida, and all of my personal property of every kind and nature, to hold in trust untill my [page 14] youngest daughter Flora D. Smith is eighteen years of age & I direct the income thereof to be paid to my wife the said Sarah Jane Smith[Smith crossed through] to be used according according[according crossed through] to her best discretion and judgement, for her own support & maintenance & also for the support & maintenance and education of my said daughter Flora D. Smith, and of my son, George E. Smith now at the date of this instrument seventeen years of age during said time untill my said daughter Flora D. is eighteen years of age. And I further direct the said trustees when my said daughter Flora D. is eighteen years of age, to pay to my eldest daughter Delia S. Bailey one thousand dollars. To my said daughter Flora D. also to pay One thousand dollars, also to pay to my Son George E. Smith aforesaid one thousand dollars. And also to my son George E. I direct said trustees to convey my real estate situated northerly of Ware village so called, on the highway leading from said Ware to Greenwich Massachusetts being land, I purchased of Jefferson Hill, & Charles Eastin, & consisting of farm lands, in addition to said one thousand dollars -- I further direct said trustees, after paying the said bequests, & after making said conveyance of real estate at the time when my said daughter Flora D. arrives at the age of eighteen years, to pay to my said wife Sarah Jane the income of all my remaining property as long as she shall live and to continue to hold all of my remaining property in trust untill my said wife's death. I further direct the said trustees to keep both real & personal in the state, form and & condition & investment it shall be in at the time of my death untill my said daughter Flora D. shall be eighteen years of age and also untill the death of my wife Sarah Jane aforesaid.
Except (a) if the said trustees from the time of my death to the time when my said daughter Flora D. is eighteen years of age in the exercise of a sound business judgement discretion shall deem the income of all my property insufficient to comfortably & properly support my said wife Sarah Jane & my said children Flora D. & George E. then I authorize said trustees to pay from the principal of my personal property from time to time sufficient sums of money to comfortably & properly support my said wife and said children Flora D. & George. and (b) if the said trustees in the exercise of a sound careful business judgement & discretion deem it advisable and advantageous at any time to sell the whole or any part of my lands in said Lawtey Florida on the whole or any portion of my lands laying northerly of my residence in Ware & containing about two acres of land--I authorize the said Trustees to sell the same, provided the said trustees invest all of the proceeds of said Sale or Sales of lands in some good safe well known Security or Securities.
In Testimony whereof I hereunto set my hand, and in the presence of three Witnesses declare this to be my last Will this tenth day of September in the year one thousand eight hundred and eighty seven.
Aaron Smith,
On this tenth day of September AD 1887, Aaron Smith of Ware Massachusetts has signed the foregoing instrument in our presence, declaring it to be his last Will, and as witnesses thereof we three do now aat his request, in his presence, and in the presence of each other, hereto subscribe our names.
H.H. Smith
James W. Morgan
Joseph B. Griss
To the Honorable Judge of the Probate Court, in and for the County of Hampshire. Respectfully represents Homer C. Strong of Palmer in the County of Hampden, that Aaron Smith who last dwelt in Ware in said County of Hampshire, died on a date named in a petition for appointment as Administrator by Sarah Jane Smith, widow of said deceased in the year of our Lord, One thousand eight hundred and ninety, possessed of goods and estate, remaining to be administered, leaving a widow, whose name is Sarah Jane Smith, and as his only heirs at law, and next of kin, the persons whose names, residence, and relationship to the deceased are as follows. ' ' viz--Fred W. Smith, Delia S. Bailey, George E. Smith, Flora D. Smith, the two last names being minors, that said deceased left a Will, herewith presented wherein your petitioner is named Executor. Therefore your petitioner pray that said Will may be proved and allowed -- and Letters Testamentary be issued to him, dated this ninth day of September AD 1890.--
Homer C. Strong.
(The undersigned, being all the heirs at law and next of kin, and the only parties interested in the foregoing Petition, request the prayer thereof be granted without further notice.)
Commonwealth of Massachusetts }
Hampshire.ss. Probate Court. } To the heirs at law next of kin, and all other persons interested in the estate of Aaron Smith, late of Ware in said County, deceased. ' ' Greeting = Whereas certain instrument of said deceased has been presented
[page 16] to said Court for Probate by Homer C. Strong ' ' who prays that letters Testamentary may be issued to him, the Executor therein named, You are hereby cited to appear at a Probate Court to be held at Northampton in said County of Hampshire on the seventh day of October next, at nine oclock in the forenoon, to show cause if any you have against the same, And Homer C. Strong is hereby directed to give public notice thereof by publishing this citation once a week for three successive weeks, in the news paper called the Ware River News, printed at Ware, the last publication to be two days at least before said Court.
Witness William G. Bassett Esquire, Judge of said Court This Tenth day of September, in the year one thousand eight hundred and ninety ===== ' =====
Hubbard M. Abbott, Register
I have served the above citation as therein ordered
Homer C. Strong
Hampshire s.s Dec. 9, AD 1890
There personally appeared the above named Homer C. Strong and made oath that the above return by him subscribed is true. Before me -- . H. M. Abbott, Justice of the Peace
Commonwealth of Massachusetts } Hampshire .ss. }
At a Probate Court holden at Ware in and for said County of Hampshire on the ninth day of December in the year of our Lord one thousand eight hundred and ninety.
On the petition of Homer C. Strong, of Palmer in the County of Hampden praying that the instrument therewith presented purporting to be the Last Will and Testament of Aaron Smith, late of Ware in said County of Hampshire deceased, may be proven and allowed, and letters testamentary issued to him, the Executor therein named, and the heirs at law, next of kin, and all other persons interested, having been duly notified, according to the order of the Court to appear and show cause if any they have against the same: by publication, and no party objecting thereto, and it appearing that said instrument is the last Will and Testament of said deceased, and was legally executed, and that said Testator was at the time of making the same, of full age and of sound mind, and that said petitioner is a competent person, to be appointed to said trust. It is therefore decreed that said instrument be approved and allowed as the last Will and Testament of said deceased, and letters testamentary be issued to said petitioner, he first giving bond with the sufficient sureties for the due performance of said trust.
Wm G. Bassett
Judge of Probate
[next 17]
Know all men by these presents.' ' That we Homer C. Strong of Palmer of the County of Hampden as principal and J.E. Buck -- J.F. Holbrook, Chas. B. Fiske and C.D. Holbrook all of said Palmer and T.M. Brown and Charles H. Barrows both of Springfield in said County ' ' as sureties and all within the Commonwealth of Massachusetts, are holden and stang firmly bound and obliged unto William G. Bassett, esquire, Judge of the Probate Court in and for the County of Hampshire in the full and just sum of Twenty four Thousand Dollars, to be paid to said Judge and his successors in office; to the true payment whereof we bind ourselves and each of us, our and each of our heirs -- Executors and Administrators, Jointly and Severally, by these presents, sealed with our seals. Dated this 4th day of May, in the year of our Lord One thousand eight hundred and ninety one.
The condition of this obligation is such, that if the above bounden Homer C. Strong Executor of the last Will and Testament of Aaron Smith, late of Ware in said County of Hampshire deceased, testate, shall first make and return to said Probate Court, within three months after his appointment, a true inventory of all the real and personal Estate of said deceased which at the time of the making of such inventory shall have come to the possession or Knowledge of said executor, == (Second) Administrator according to law and to Will of said deceased, all the personal estate of said deceased which may come to the possession of said Executor, or of any person for him, and also the proceeds of any of the Real estate of said deceased that may be sold or Mortgaged by said Executor - and Third render upon oath a true account of his Administration at least once a year untill his trust is fulfilled, unless he is excused therefore in any year of said Court, and also render such account at such other times as said Court may order. Then this obligation to be void otherwise to remain in full force and virtue. Signed sealed and delivered in presence of Homer C. Strong {seal}
G.E. Buck {seal}
ES Littlegoher }
J.F. Holbrook {seal}
Chas B Fiske {seal}
Hampshire ss. } T.M. Brown {seal}
May 5th AD 1891 } C D Holbrook {seal}
Charles H Brown {seal}
Examined and approved
Wm G. Bassett
Judge of Probate Court
[page 18]
Commonwealth of Massachusetts }
Hampshire .ss. Probate Court }
To Homer C. Strong of Palmer, in the County of
Hampden and Commonwealth aforesaid. Greeting
Trusting in your care and fidelity, I William G. Bassett, Esquire, Judge of the Probate Court in and for said County of Hampshire, by virtue of the power and authority vested in me, do hereby apoint you to be Executor of the last Will and Testament of Aaron Smith, late of Ware in said County of Hampshire deceased, testate; which said Will was proved and allowed on the ninth day of December AD1890, by said Court, and is now of record in this Court. And you are ordered to make and return to said Probate Court within three months from the date hereof a true inventory of all the Real and personal Estate of said deceased which at the time of the making of such inventory shall have come to your possession or knowledge.
To Administer according to law and to the Will of said deceased all the personal estate of said deceased, which may come to your possession, or of any person for you, and also the proceeds of any of the Real estate of said deceased that may be sold or Mortgaged by you. To render upon oath a true account of your Administration, at least once a year, untill your trust is fulfilled, unless you are excused therefrom in any year by said Court, and also to render such account at such other times as said Court may order: And also within three months to cause notice of your Appointment to be posted in two or more public places in the City or Town in which said deceased last dwelt, and within one year return your Affidavit of having given such notice with a Copy thereof to the Register of Probate.
In Witness whereof I have hereunto set my hand and caused the Seal of said Court to be affixed at North hampton this fith day of May, in the year of Our Lord One Thousand eight hundred and ninety one.
Wm. G. Bassett Judge of Probate
Countersigned
Hubbard M. Abbott
Register