BAXTER ELLIS OF WEST BROOKFIELD, MASSACHUSETTS - WILL TRANSCRIPTION

Will of Baxter Ellis of West Brookfield, Massachusetts
Probate Case No. 19003

    Filed 7 November 1888 and Approved 4 December 1866

[Formatting is not an exact copy and there were some notes in the margin which are not included. LLS]
                   In the name of God Amen,
                        I Baxter Ellis of West Brookfield in the county of Worcester and Commonwealth of Massachusetts, being of sound and disposing mind and memory, but knowing the uncertainty of the mortal life, do make and publish and declare this my last Will and Testament, in manner and form following, that is  to say ____________________
First                First I give and bequeath to my beloved wife and her   heirs the sum of three thousand dollars --- Also my Household Furniture, wearing apparel, family stores, and Library       
              
Second            I give and bequeath to the Trustees of Phillips Academy at Andover Massachusetts the sum of Five Hundred dollars for the purpose of founding a scholarship (in part) in the Theological Seminary under their care, the income of this endowment only to be expended for the support of needy students in said Seminary from year to year
Third              I give and bequeath to the American Board of Commisioners for Foreign Missions, the sum of Five Hundred dollars
Fourth            I give and bequeath to the Massachusetts Home Missionary Society the sum of Five Hundred dollars.____________
Fifth               I give and bequeath to the American Peace Society the sum of one Hundred dollars ______________
Sixth              I give and bequeath to the American Bible Society the sum of One Hundred dollars.
Seventh          I give and bequeath to the American Tract Society instituted in the city of Boston the sum of One Hundred Dollars.
Eighth            I give and bequeath to my brother Gauis Ellis and his heirs the sum of Five Hundred dollars.____________________________________________
[2nd page]
Ninth              I give and bequeath to my nephew Calvin H. Hayward and his heirs the sum of Two Hundred dollars
Tenth             I give and bequeath to my niece Susan E. Jones and her heirs the sum of Fifty Dollars.
                                                  The aforesaid Calvin H. Hayward and Susan E. Jones being children of my deceased sister, Mary Hayward
Eleventh        I give and bequeath to my nephew R. Gordon Ellis and his heirs the sum of one Hundred dollars and my niece Julia Ellis and her heirs, the sum of Fifty dollars - (children of my deceased brother Calvin Ellis)
Twelfth         I give and bequeath to my sister Caroline Adams wife of Sidney Adams, and her three children the sum of twenty dollars to be equally divided between  them Vis. Five dollars to each
 Thirteenth      I give and bequeath to my sister Lucy B. Ellis, wife of Abijah Ellis, and her heirs the sum of Two Hundred Dollars - And to her four daughters and their  heirs to wit: Susan Allen, Frances Ellis, Mary Ellis, and Caroline Ellis the sum of Twenty five dollars each - In case of the death of either of said four daughters, previous to my decease, the legacy hereby bequeathed to such person to be equally divided among the survivors of said four daughters
               
Fourteenth    I give and bequeath to my sister, Susan Fitts the wife of Samuel Fitts, and her heirs the sum of Two Hundred dollars And to her two sons (by a former husband,) Edwin Upham and Lyman Baxter Upham and their heirs the sum of Two Hundred dollars each
          
[3rd page]
                         And to the four daughters of my said sister Susan Fitts, to wit, Caroline Hayward, Maria Upham, Elizabeth Upham, and Adaline Upham the sum of twenty five dollars each In case of the death of either of said four daughters previous to my decease, the legacy to such deceased person to be equally divided among the surviving sisters.               
            
Fifteenth      I hereby give and bequeath to my nephew Joseph I. F Ellis and my niece Mary Shumway and their heirs (children of my brother Gaius Elllis) the sum of One Hundred dollars each
                 
Sixteenth     I give and bequeath to Curtis Ellis (son of my nephew Nathan B. Ellis deceased) and his heirs the sum of One Hundred dollars
Seventeenth   I hereby authorize and empower my Executors herein after named to sell and dispose of any and all my real and personal estate at such time and in such manner as the may deem proper.
Eighteenth  After the payment of my just debts, funeral charges and procuring a suitable pair of grave stones and the payment of the aforesaid legacies I hereby give, bequeath and devise the use improvement rents profits and income of all my estate both real and personal, which shall remain, to my said wife Lucy Ellis, to hold for
and during the full term of her natural life and at the decease of my aforesaid wife I hereby order and direct that of the residue and remainder of my estate then remaining one half part thereof shall be paid to my sisters Lucy B. Ellis and Susan Fitts and their heirs equally to be divided
      
[page 4]
between them and the other half part thereof I hereby give bequeath and devise to my legal heirs -
                                    And I do hereby appoint my said wife Lucy Ellis and my cousin Dwight Ellis to be joint executors of this my last Will and Testament, hereby revoking annulling and declaring void all former Wills by me at any time heretofore made
                                    In witness whereof I have hereunto set my hand and seal this eighth day of June in the year of our Lord one thousand eight hundred and sixty- four. 

The words 'and his heirs" "and her heirs" "each" = "them" being interlined before signing.                          Baxter Ellis [signature]
                Signed published and declared by said Baxter Ellis as his last Will and Testament in the presence of us who in his presence and in the presence of each other  have hereunto set our names as witnesses

                                                  [Illegible] Blair

                                                  H. B Bosworth

                                               xJos F. Hitchcock 


Source:


Massachusetts, Worcester County, Probate Files, 1731-1881, images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1961-43227-158-10?cc=2102083&wc=9FGC-YWL:1055512501,1073166901 : accessed 02 Jun 2014), Worcester > Case no 18981-19051, Elliot, Joseph-Elllis, Smith, 1731-1881 > image 331 of 1094, probate file of Baxter Ellis; citing Supreme Judicial Court of Massachusetts, Boston, Massachusetts.