~ WILL of JOHN KEYES - 1768 ~ Will of John Keyes
Notes: John Buczek
Son of Elias Keyes and Sarah Blanford – he was born in Marlborough and married Mary Eames daughter of Gershom Eames and Hannah Johnson. John Keyes mentions his son(s) Daniel Rand who married Mary Keyes, Silas Witherbee who married Thankful Keyes (her second marriage), Joshua Wilder who married Sarah Keyes. They were his son-in-laws.Worcester County, Town of Shrewsbury, Volume 10. p. 171
Probate Date: 12 Sept 1768Submitted by: Michelle Cohen <former_hker@yahoo.com>
In the name of God, Amen. The twenty ninth day of November in the year of our Lord one thousand seven hundred and fifty-eight. I, John Keyes of Shrewsbury in the County of Worcester for his Majesty’s Province of the Massachusetts Bay in New England, Esq.
Being come to a considerable age but of perfect mind and memory thanks be unto God and calling to mind the mortality of my Body and knowing that it is appointed to all men once to die do make and ordain this my last Will and Testament: that is to say and principally and first of all I give and recommend my Soul into the hands of God which gave it, and my body I do recommend to the Earth and as touching such worldly estate wherewith it hath pleased God to Bless me in this life. I give and dispose of the same in the following manner and form.
Imprimis I give unto Gershom Keyes my son all the remainder of the bonds that shall be due to my Estate after he or his heirs hath come to a reconing with my Executors also all that money which I paid for him since he left the province aforesaid. I also give him five shillings, more if he comes for it that together with what I have heretofore given him in land, buildings and stock in Marlborough in the County of Middlesex is his full share portion and proportion of any estate.
2nd My son Daniel Rand and his children have had their full share portion and amount of my real estate… I have [text missing in photocopy] …Mary Rand, she being wife to said Daniel.
3rd My daughter Hannah Taylor will have her full share portion and proportion of my Real Estate when she has got her Deed and Bond.
4th My son Silas Wetherbee and Thankful his wife will have their full share portion and proportion of my real estate when they have got their Deed and Bond. The Bond is a bond that [illegible] Silas Wetherbee undertook to pay for Abraham Eager.
5th My son Joshua Wilder and Sarah his wife will have their full share portion and proportion of my Real Estate when they have got their Deed.
6th I give unto my daughter Phebe Morse the free use and improvement during her natural life of all the Moveables and Stock which belonged to her and her husband which I redeemed out of the hands of the Creditors and after her decease my will is that the Moveables and Stock aforesaid should be divided equally between the children born of her body. I also give to ye said Phebe six pounds thirteen shillings and four pence to be paid by my Executors hereafter named in one year after my decease. Because she hath had no land I also give her one half of my Pew in the old Meeting House in said Shrewsbury and the other half I give to my granddaughter Mary Rand.
7th My will is that the forty pounds which came by my wife should be divided in the following manner and form (vis). Six pounds, thirteen shillings and four pence to each of my five daughters or their heirs born of their bodies, and the six pounds thirteen shillings and four pence yet remaining undisposed I give and bequeath unto Sarah Keyes ye wife of my son Gershom Keyes aforesaid it is also my will that my well beloved wife Mary Keyes have at disposal the interest of the aforesaid forty pounds, as long as she hath the free use of her reason.
8th My will is that all my Moveables that are not heretofore disposed of and that shall remain so after my Decease and the Decease of my wife should be equally divided between my five Daughters or their heirs born of their bodies
9th I give and bequeath unto my friend Joseph Miles of Shrewsbury aforesaid a small piece of Land that lyeth between his land and land of Silas Wetherbee aforesaid.
I have taken Sufficient Care for the support of my Wife heretofore and for a Decent Burial of each of us after our Decease.
I do hereby constitute and appoint ye said Silas Wetherbee and Thankful his wife the aforesaid Hannah Taylor and my grand son Stephen Flagg to be my sole executors of this my Last will and testament. In witness whereof I have hereunto set my hand and seal the day and year first written.
John Keyes S.S. [signed and sealed]
Signed, sealed, published pronounced and declared by af said John Keyes as his Last Will and Testament in presence of us
Lucy Cushing
Jonas Brigham
Artemas WardWorcester Jr. May 13, 1768 Artemas Ward Esq. appeared and made oath that he saw John Keyes the testator sign seal and heard him declare the aforegoing instrument to be and contain his Last Will and testament and that as he so did he was of sound disposing mind and memory and that he with Lucy Cushing and Jonas Brigham subscribed their names together as Witnesses to the Execution thereof in said testator’s presence. Before me John Chandler, Judge Probate.
Worcester Jr. May 16, 1768. Lucy Cushing appeared and made oath that she saw John Keyes the testator sign seal and heard him publish pronounce and declare the foregoing instrument to be and contain his Last Will and testament and that as he so did he was of sound and disposing mind and memory and that she with Jonas Brigham and Artemas Ward Esq. subscribed their names together as Witnesses to the Execution thereof in said testator’s presence. Before me John Chandler, Judge Probate.
Worcester September 6, 1768. Sir, I hereby inform you that I utterly refuse to accept of the trust of Executor to the aforegoing Will.
John Chandler, Esq. Judge Probate Stephen FlaggProvince of the Massachusetts Bay Worcester Jr. By the Honorable John Chandler, Esq., Judge of the probate of Wills and for Granting Letters of Admin on the Estates of persons deceased having goods, chattle, rights and credits in the County of Worcester within the province aforesaid –
To all unto whom these presents shall come. Greeting. Know ye that upon the thirteenth and sixteenth days of May last before me at Worcester in the County of Aforesaid the will of John Keyes late of Shrewsbury in the county and Province aforesaid, Esq, Dec’d to these presents annexed having been proved is now approved and allowed who having while he lived and at the time of his death goods, chattels, rights or credits in the County aforesaid and the probate of said will and power of Committing Administration of all and singular the Goods, Chattles, Rights and Credits of the said Dec’d by virtue thereof appertaining unto me the Admin of all and singular the goods, chattels, rights and credits of the said Dec’d and his Will in any Manner concerning is hereby committed unto Silas Wetherbee and Thankfull his wife and Hannah Taylor and Stephen Flagg the Executors in the same will named who accepted of their said trust. /Stephen Flagg the other executor having given under his hand that he refuses to accept of his trust./ Well and faithfully to execute of said will and to administer the estate of said Dec’d according hereunto and to make a true and perfect inventory of all and singular the goods, chattels. Right s and credits of the said dec’d and to exhibit the same unto the registry of ye Court of Probate for the County aforesaid at or before the sixteenth day of August next coming and also to render a [?] and true account of their said Administration upon oath when thereunto lawfully required In testimony Whereof I have herewith set my hand and the seal of said Court of probate dated at Worcester the twelfth day of September Annoque Domini 1768 and in the eighth year of his Majesty’s reign.
John Chandler
By order of ye Honorable Judge
Clark Chandler Register
Entered from original by Clark Chandler, Reg.John Keyes Inventory
Province of the Massachusetts Bay Worcester Jr. To Artemas Ward Esq. Henry Baldwin and Samuel Crosby all of Shrewsbury in the County aforesaid Greeting. You are hereby appointed and impowered on oath to take an inventory of and according to your best skill and judgment truly and and justly to approve in lawful money of this province all the estate whereof of John Keyes late of said Shrewsbury, Esq. Died. Seized in the aforesaid county; and you are to make return of this warrant with your doings thereon unto the probate office in the same county as soon as conveniently may be given under my hand this sixteenth day of May A.D. 1768. John Chandler, J. Probate
Worcester Jr. May 18 1768. The within named Henry Baldwin and Samuel Crosby appeared and was sworn as the law directs to the faithful discharge of ye within mentioned trust. Covam Artemas Ward, Jus Pacis
Worcester Jr. August 19, 1768. Artemas Ward, Esq. appeared and made oath that in apprising the estate of ye within named John Keyes Esq. Dec’d he had acted faithfully and impartially according to his best judgment. Before me, John Chandler, Judge Probate.
A true inventory of all and singular the goods chattels and credits of John Keyes, Esq., prised at Shrewsbury the eighteenth day of May A.D. 1768 by Artemas Ward,Henry Baldwin, and Samuel Crosby as followeth:
Imprimis his purse and apparel, notes and bonds £130:11:2
Item his Books 1:3:10
Item his husbandry tools 8:8
Items his household furniture 3:17:9
Items his beds and bedding 8:6:0
Sum total £144:7:5Since come to hand an old Saddle and saddle bags 6:0
A small piece of land given to Joseph Mills by Will Since [illeg] 6:0
Total £144:19:5