The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1827-07-25
TIE 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 twcn-
ty-seven:
"UMBLY shows, JOHN WOODBURY.,
III II 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
Brookfield in the County of Worcester-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 certain parcel OF
Land situate in North Brookfeld aforesaid,
where he then lived, containing about forty
acres, known as his home farm also, certain
parcel of Land situate in said North Brookfeld,
containing about forty acres, being the Estate
which the said Thomas held by the devise Of
one Samuel Packard, deceased, being wood and
pasture land: also, certain other parcel of
land situate in said North Brookfeld, called
the Meadow Lot, containing about fifteen
| acres; made and published his last will and
| testament, wherein and whereby he devised
the use and income of the one half of the said
home farm and buildings thereon, and one half
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 60
one Gideon Bridges one half of his said home
farm both land and buildings for quantity and
quality, including one half his pew iii 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
year during the life of his widow, accord
ing to the rules of good husbandry, to make
| and repair the fences in such manner as to save
1 the crops free from waste by cattle, and to re-
turn to his widow one half of oil the produce
which might be produced from ono half of the
homo farm and also, one half that may be
produced from the out lands yearly and every
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 irewood from her part of the
farm, cut at the door, land 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 sizes,
and at all times to do for her such houseworls
as she may need for her own use which she
: cannot do herself But in case his snid widow
Sarah Ball should at any time after his dccease
wish to have a division Of the lands and build
, ings, and cultivate and improve them by her
= sell, or should sell the whole Of the lands AMI
buildings not devised 20 the said Bridges, then
= tho said Bridges is to be discharged from the
q above conditions which he was otherwise oblig-
= ed to do for the said Sarah and the said
= Bridges TO hold the said estate so devised to
AhAi NV AioHt ull4 iDCulNDFducc Whatever
> and it was further provided in and by the said
i VIII; that If the said Sarah should thereafter
think 1t 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,
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 60
sell said estate, the said Executor in and hr
said will was authorized and empowered to sell
y the whole or any part of said estate not devils
@ ed TO SAID Bridges, at Public Vcndue and 10
o. give deed or deeds should be thought best
o Tor all concerned, and to pay to the said Ss-
}. ran 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 cash
= said estate should not be sold in the life time
OF said Sarah, the said Executor was thereby
anthorzed and empowered and directed to sell
the whole OF said estate at Public Vendue. and
10 give deed or deeds as he should think best
and the proceeds of the estate sold before or
= after the decease of the said Sarah was to b.,
+ disposed OF in the following manner, viz To
T1elupGDeI BAH one hundred dollars his sister
:, Hannah Rainger fifty dollars to Micah Brig
: ham Ball, son of Silas Ball, fifty dollars; and
. 70 the children of his brother Beniamin Ball.
II deceased, three-ffths of what should remain OF
" one hait OF the said proceeds after payment Of
- the three last mentioned legacies and to the
children OF his brother Silas Ball, deceased, the
two-hiths OF SAID remainder the other half of
said proceeds to be disposed of as follows, viz /:
J, 10 hannah bartlett, wife of Daniel Bartlett,
= sister OF SAID Sarah, one hundred dollars 10
u Elizabeth Hamilton, wife of Reuben Hamilton.
, one hundred dollars; the remainder of such
ilalf to be equally divided between John Wood
Dury, Mehltable Cutler, Jerusha Sullen, Diana
Wide, Slbll Smith, Hannah Bartlett and Eliz-
abeth Hamilton; Thomas Woodbury., brothers
and sisters of said Sarah and Micah Brigham
Ban, son OF Silas Ball, each to be paid in one
year AFTER the dccease of said Sarah, except to
! 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 ana testament, who, utter the lecease Of
the SAID Thomas Ball, caused the said win n,
pe uuiy proved and approved, and took upon,
nlmseii the Execution thereof according 10
law VIZ. on the fourteenth day of April, in the
year one Thousand eight hundred and twelve
hn9 ~ nc sald Feitioner further shews, that the
SAID Executor has since deceased. MS hns also
the said Gideon Bridges and the said Sarah
IS desirous that the said estate, SO as aforesaid
to her for her life should be sold and the
proceeds thereof applied according to the di
rectlon OF the said Testator made in his said
will aforesaid - '--0 '"'U
wherefore, Tor the purpose of enablnr him
70 pay inc sad legacy of the annuity to the
of said estate, and the other legoc;es ah .a,o
enumerated, your Petitioner prays. that bo
may De llcenced and empowered ~ moLo saio
~, ~ saia real Estate according to the form Of
INC statute III such case made md nroyided
ana as IN duty bound will ever pray.
JOHN WOODBURY..
COMMONWEALTH OF MAssAcuUsETrs
| fRANKLIN IS. At the Surname J,,dc;o1 ~.