Signed, sealed, published, and declared by
said Testator to be his last Will and
Testament, in presence of us, who, at
his request, and in his presence, and in
presence of each other, have hereunto
set our names as witnesses.
JOSEPH TILDEN.
MOSES L. HALE.
FRANKLIN H. STORY.
* * * * *
FOOTNOTES:
[3] One of these children died before the Testator. The father, as his
heir, is entitled to his share, by a subsequent provision of the
Will.
* * * * *
CODICIL.
I, SAMUEL APPLETON, of Boston, in the County of Suffolk, and State of
Massachusetts, merchant, having further considered my last Will and
Testament, bearing date the twenty-eighth day of February, in the year
of our Lord one thousand eight hundred and fifty-one, do think proper
to make and publish the following as a Codicil thereunto.
[Sidenote: Revokes a clause of the Will;]
I do hereby revoke and cancel that clause in said last Will and
Testament, giving unto my beloved wife "any of the plate and furniture
belonging to me at the time of my decease, at the appraised value
thereof, to the amount of eight thousand dollars;" and in lieu thereof
I do make the following dispositions:--
[Sidenote: And gives to widow his mansion-house, 37,
Beacon-street,]
I give and devise unto my beloved wife the dwelling-house, with the
stables, lands, and appurtenances thereunto belonging, now occupied by
me, being the dwelling-house numbered thirty-seven in Beacon-street,
Boston, to have and to hold the same to her, her heirs and assigns for
ever.
[Sidenote: And all the plate, &c. therein.]
And I do also give and bequeath unto my beloved wife all the plate,
furniture, pictures, statuary, books, stores, and other household
articles, belonging to me at the time of my decease; and it is my wish
that no inventory be taken of the same.
[Sidenote: Legatees may take property at appraisement, &c.]
And it is also my wish that each and every of the legatees, in said
last Will and Testament named, may, with the advice and consent of my
executors, take, in lieu of the money to which they are entitled by
said last Will and Testament, any of the property, left by me at the
time of my decease, at the appraised value thereof.
[Sidenote: Bonds of Executors to be only in a penalty
adequate to protect creditors.]
And I do also direct that the executors of my said last Will and
Testament shall give bonds in such sum only as the Judge of Probate
may consider sufficient for the payment of the amount of my debts.
In witness whereof, I have hereto set my hand and seal, this eighth
day of October, in the year of our Lord one thousand eight hundred and
fifty-two.
(Signed)
SAML. APPLETON [AND A SEAL].
Public-domain text, read in full here on John Shaqi.
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