The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1827-07-04
To the Hon. Supreme Judicial

To the Hon. Supreme Judicial
Court, begun and holden at Greenfield, with
in and for the County of Franklin, on the
fourth Tuesday of April, in the year of our
Lord one thousand eight hundred and twen-
ty-seven:
EEUMBLY shews, JOHN WOODBURY.,
of Leverett, in said County, Administra-
tor cum testamento annexo de boniS non OF the
Estate of THOMAS BALL, late of Brook
field, that part thereof which is now North
Brookfed, in the County of WoIcester-that
the said Thomas in his life time, on the TWEEN
ty-eighth day of August, in the year of our
Lord one thousand eight hundred and ten, be-
ing seized and possessed of a certain parcel Of
Land situate in North Brookfeld aforesaid,
where he then lived, containing about forty I
acres, known as his home farm: also, certain
parcel of Land situate in said North Brookheld, |
containing about forty acres, being the Estate
which the said Thomas held by the devise of
one Samuel Pickard, deceased, being wood and
pasture land also, a certain other parcel of
land situate in said North Brooklieid, called
the Meadow Lot, containing about fifteen
acres made and published his last will and
testament xvhsssiaa-s-.Al >shsss.l,y l.o devised
/ the use and income of the one half OF the said
I home farm and BUILDINGS thereon, and one halt
of pew in the Meeting house, and the whole
of the said other two parcels of land to Sarah
Ball, his wife, for her life. He also devised to
one Gideon Bridges enc half of his said home
| farm both land and buildings for quantity and
quality, including one half his pew in the sec
/ ond parish Meeting house, in fee, the said
/ Bridges, in consideration thereof, to cultivate
and improve the other half of said home farm
and all the said out lands yearly, and every
I year during the life of his widow, accord
+ ing to the rules of good husbandry, to make
and repair the fences III such manner as to save
the crops free from waste by cattle, and TO rs-
turn to his widow one half Of all the produce
which might be produced from one half Of the
home farm; and also, one half that may be
produced from the out lands yearly and every
4 year during her life, the hay, corn, cider, sauce,
&c. to be put into the house and barn, and
where the same is proper TO be delivered al
so to find her firewood from her part of the
!, farm, cut at the door, and make her fires for
her at all times as she shall need, but not to
make any strip or waste of wood or timber,
and to nurse and TO take care of her when sick
and at all times to do for her such housework
as she may need for her own use which she
cannot do herself But in case his said widow
Sarah Ball should at any time after his decease
wish to have division of the lands and build
ings, AID cultivate and improve them by her
self, or should sell the whole of the lands and
buildings not devised to the said Bridges, then
the said Bridges is TO be discharged from the
above conditions which he was otherwise oblir-
ed TO do for the said Sarah and the said
Bridges to hold the said estate SO devised to
him free from any incumbrance whatever :;
and-it was further provided in and by the said
will, that If the said Sarah should thereafter
think it should be most for her interest TO have
! the whole or any part of the said Real Estate
which is not devised to the said Bridges. sold.
I and to have the interest of the proceeds of the
sale Of said real estate, and should request the
Executor of the said last will and testament to
! sell said estate, the said Executor in and hv
said will was authorized and empowered tosseil
the whole or any part of said estate not devils
ed to said Bridges, at Public Vendue and to
i give deed or deeds as should be thought best
Tor all concerned, and to pay to the said Sa-
rah the whole of the interest arising from the
proceeds of the sale of said estate yearly, and
every year during her natural life !: and in case
said estate should not be sold in the life time
of said Sarah, the said Executor was thereby
authorized and empowered and directed to sell
the whole of said estate at Public Vcndue, and
| to give deed or deeds as he should think best.
and the proceeds of the estate sold before or
1 after the decease of the said Sarah was to be
disposed OF IN the following manner, viz To
Zerubabel Ball one hundred dollars his sister
| Hannah Ranger fifty dollars to Micah Briq-
ham Ball, son of Silas Ball, fifty dollars and
to the children of his brother BENJAMIN Ra1l
deceased, three-ffths of what shoaid remain of
one hall OF the said proceeds after payment of
| the three last mentioned legacies and tn the
children of his brother Silas Ball, deceased. fhe
two-ffths of said remainder the other half ~
said proceeds to be disposed of as follows. viz
/ 10 Hannah Bartlett, wife of Daniel Bartlett
sister OF SAID Sarah, one hundred dollars to
Elizabeth Hamilton, wife of Reuben Hamilton.
one hundred dollars the remainder of sucb
J n n PQuallu dtyiJ a5 hot, II
bury, Nehltable Cutler, Jerusha Sullen. Diana
| Wilde, SIbll Smith, Hannah Bartlett and Eliz-
abeth Hamilton Thomas Woodbury., brothers
/ and sisters of said Sarah and Micah BRIGHAM
Ball, son OF SIlas Ball, each to be paid in ono
year after the decease of said Sarah. excent ~
Micah B. Ball, which is TO be paid on his ar.
irving to the age of twenty-one wears. after
her decease, and appointed John Woodbury.
VINO Is now deceased, Executor of the said last
VIII and testament, who, after the decease of
the said Thomas Ball, caused the said will 70
be duly proved and approved, and took nnon
! himself the Execution thereof ACCORDING IN
law, VIZ. on the fourteenth day of April. in the
year one thousand eight hundred and twelve
And t.lc said Petitioner further shews. that Tho
said Executor has since deceased as has Ola
the said Gideon Bridges and the said Sail
is DESTROYS that the said estate, so as aforesaid
devised to her for her life should be sold and the
proceeds thereof applied according to the di,
al----:l "a
will aforesaid
Wherefore, for the purpose Of enabling hsm
to~pay the said legacy Of the annuity 10 The
amount of the interest of the proceeds of sale
OF said estate, and the other legacies above
enumerated, your Petitioner prays, that he
may be lIcenced and empowered to make sale
of said Real Estate according to tbe form sc
the statute in such case made and proyided
And as in duty bound will ever pray
JOHN WOODBURY..
CoMMoNwEALTH OF MAssAcHUsETrs
FRANKLIN IS. At the Supreme Judicial Cor.t
begun and holden at Greenfield, within and
for the County of Franklin, on the fourth
Tuesday of April, A. d. 1927
Upon the Petition aforesaid, Ordered, That