Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1868-10-01

al Castletan IN Whlrh the Probate utfiee
was kept VA, destroyed ia the uight Of
the aOth January 1851, AMI 40 records OF
files in the matter oi tho Will Of Doctor
Smith az the settlement Of his estate now
remain in the Probate Office, Other vol
mnes uf tho Probate records were do
stroyed in the same fire. bat among the
records which were rescued and saved
we're al made since 1912, The following
account of the provisions Of Doctor
Smiths Win is taken from an attested
Probate copy Of it, which was made be-
fore the records were destroyed by fire,
and i. now in my possession. The origin
al WIN, now destroyed or Loot, which !
saw and examined al the time when this
copy was made. was wholly in tho hand.
writing of the testator, Tho will
bears date on the 10th February 1909.
which was little moro than two years
previous to his death, and was proved and
allowed at session Of tho Probate Court
held at Westhaven on the e5th April 1904
The settlement Of his estate was delayed
by nm appeal from the decree Of the Pro-
bate Court 10y which the VIII was APP
proved and allowed; but the appeal was
abandoned or was not successfully prose-
eutcd, and the Will was finally established
and his estate was settled in accordance
with its provisions The testator in his
Win, after providing for the payment of
his just debts and funeral charges, gives
to my dear and beloved wife Katy Smith
zone half of all my estate both real and
personal !" to his brothers Cotton NJ
Smith and Paul Smith "all my land that |
own in Connecticut TO his 'sister
Loomis one hundred dollars, to be paid in
some Of my land in Vermont ON the set
Element of my estate, likewise the like
sum Of one hundred dollars to the heirs Of
my brother Dan Smith, deceased, to be
paid in the same manner as paid TO my
sister LOOMS" The second item loccu-
plying moro than one half Of the VIII
contains the gift TO the town of Wcsthavcn
anu II lii litf ioiioN NhIuNs
Secondly, ! will and bcqueath to the
'town Of Westhaven one thousand dol |
liars In manner and form following, that |
sis TO say, after my estate is settled, my /
will liz that my executors hereinafter 4
"named pay to the seleotmen Of West |
"hayon aforesaid, FOR the use Of said town,
''the above sum of one thousand dollars ]
ito be paid in sum of my Land, Goods, or
"chattles well worth the sum above men
"tioned in money, and, when converted |
"into money, to be appropriated and let
"out in the following nianner,-for the Sc
"lectmen with the advice Of the civil au-
shorty of said town Of Westhaven TO /
clone the money at six per cent. and TO
'lone no one man or person more than one
hundred dollars, taking double land Sc
'ourity for the money SO loaned and obi
cation for the interest annually, and TO
"lone out the interest in the same manner
"as the principal Which sum Of one
Thousand dollars so loaned will every
twelve years more than double, the inter
"est TO be paid annually and loaned as the
principal, and my will is that no use Of ,
interest or principal be appropriated for {
"any use Of said town Of Westhaven, or
otherwise, under the term of sixty years
"from the time of receiving. the money,
'at which time of sixty years interest
land principal regularly loaned as afore- ;
"said will amount Ia more than thirty '
Thousand dollars. after which time the ,
said sum of principal and interest to be
"loaned, and the interest arising thereon
ito be appropriated for the benefit of
schooling youth, to have one good I
Grammar School kept in Westhaven ,
near the village where | now live, the ,
"over plus for the benefit of other schools,
"and the support of gospel minister well
educated and regularly instructed in to
1.-THE ministry, and, if any over, for the
support of the poor and needy in the
said town of Westhaven, under the di-
ERECTION of the civil authority and the
"selectmen of said town, but if it should
$50 happen that the town of Westhaven
SHOULD think it not worth their while 70
put themselves to SO much trouble, the t
distance of payment so long deferred ,
land any kind of uneasiness respecting
1.-THE bequeath, my Win is that the said
sum be equally divided amongst my heirs
but if the town of Westhaven chooses to
accept the bequeath for the benefit Of
"posterity. my Win is that both princi-
pal and interest remain for the use of
laid town forever to be appropriated as
aforesaid, and my will and pleasure is
that II the town OF Westhaven will not
undertake TO loan out the money as afore- :
">aIi free from any cxpence arising out .
'of the principal or interest of said be
'qneath, then and in that case to have it
revert back to my heirs as aforesaid"
The testatpr further gives 10y his WIN :
to my ncphue John c. Smith ALI the /
rest and residue oi my estate both 1.al
and personal. after my just debts sad
funeral charges are paid" and appoints
my loving wite Katy Smith and ,EOhn
Z smith Esq. my JOINT eNccniEN and
"eNrcntor OF this my last will and tcsta-
"ment designing my nephns John c,
Smith Esq to take upon hia, thc charge
and trouble thereof. ana b. see the same
performed according SO ny trne inter
est intent aud m.aping, not wishing !,
that any dispute may arise IN the set
"tlement OF the same. having taken mol
"oounsol or advise in drafting This instrn. |
"ment, and not being acquainted with
foras Of this kind. am not a LAWYER.
"but have wrote 1t according To Inv true
inteut aud moaning but ii any dispute
should arrisc about some clarlcni error
or want of proper form, my wish i that
ali be- construed most in favor of the tes- /
tatsr's intent"
A letter dated September 9th, 1907, !
was addressed by John Cotton Smith, the !
only acting Executor Of the VIII. to I
the Selectmen of The town Of Wcsthavcn, /
containing copy 1T the second item Of
the VIII. rs above given, with request
." that sometime in the month or before |
the first dry Of January next they