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Will of Benjamin Butterfield


LAST WILL & TESTAMENT, BENJAMIN-5 BUTTERFIELD, Montpelier, Washington Co VT; Probate, 1805: Vol 3 p 25-27 & Vol 8 p 229-233, found by Joann H Nichols of Brattleboro VT (Aug 1993)

"IN THE NAME OF GOD, AMEN - I, BENJAMIN BUTTERFIELD OF BRATTLE BOROUGH being in the full exercise of my reason, and of sound disposing mind, remembering the mortality of my Body - knowing that it is appointed to all Men, once to die do make and ordain this my last Will & Testament, that is to say - principally and first of all - I give and recommend my Soul with Almighty God who gave it, and my body I recommend to the earth, to be buried in a decent Christian burial at the discretion of my friends - Nothing doubting, but at the general Resurrection I shall receive the same again, by the mighty power of God. And my worldly Interest wherewith it hath pleased God to bless me in the life, I give and dispose of the same in the following mannor (sic). -

To LOIS, MY DEARLY BELOVED WIFE, I give & bequeath all my real & personal estate, except the following Legacies; during her natural life, and what shall remain at her decease, shall be divided equally among my hiers.

To MY BELOVED CHILDREN, I give & bequeath the following Legacies, which are to be paid them by my Executors within four Years after my decease - VIZ To THE HEIRS OF BENJAMIN, my eldest Son (deceased) the sum of Thirty Dollars. To SUSANNAH, my eldest daughter the sum of Forty dollars, excepting what She has, received already, which is Twenty five dollars. To JESSE the sum of Sixty dollars. To EZRA the sum of Sixty dollars. To LUKE the sum of Sixty dollars. To LEVI the sum of Sixty dollars. To ZERY the sum of Forty dollars.

To CYRUS the sum of Sixty dollars. To BENJAMIN 2nd the sum of Sixty dollars. To ASAPH the sum of Sixty dollars. To SERAPH the sum of Forty dollars. To POLLY the sum of Forty dollars. And to SYBEL the sum of Forty dollars.

I do also, constitute, make and appoint my well beloved WIFE, and SILVANUS SARTWELL to be the Executors of this my last Will & Testament. And I do hereby utterly disavow, revoke and disannul all, and every other former testament, wills, legacies, bequests or Executors by me, in any wise before named; ratifying & confirming this and no other, to be my last Will & Testament.

In witness whereof - I have hereunto set my hand and Seal -

Dated at Brattleborough, September 22nd and in the Year of our Lord -

One thousand eight hundred and One: (Sept 22, 1801)

Signed, sealed, published, pronounced & declared

(Signed) BENJAMIN BUTTERFIELD (L.S.)

and declared in the presence of

Lem. Dickermann

Syvanus Sartweel

John Page Elihu Sargeant"

Pg 27: "Be it remembered, that on this Twenty Sixth day of February, in the Year of our Lord - One thousand eight hundred and five - Lem Dickerman & John Page two of the subscribing witnesses, to the foregoing Instrument personally appeared before me, Sanuel Porter, Esq, Judge of Probate of Wills _ - within and for the district of Marlboro in the State of Vermonth, & made solemn oath that they severally saw the said Testator sign and heard him pronounce and declare the said Instrument to be his last Will & Testament - That he was then, to the best of their judgment, of sound and disposing mind & memory and that they severally subscribed their names hereunto as Witnesses, in presence of each other, and Silvanus Sartwell one of the other subscribing Witnesses in presence of the said Testator (Signed) Samuel Porter, Judge of Probate Attest, Lemuel Whitney, Register"

NOTE: Subsequent records show LOIS BUTTERFIELD & SYLVANUS SARTWELL, Executors, did post bonds for themselves as principals & JOSHUA WILDER as Surety - the sum of $5,000 "for the due execution of their said Trusts". Also, Elihu Sargeant, Eli Sargeant & Solomon Wilder appointed appraisers of estate. Several pgs contain records of disbursement of funds - earliest year posted is 1805 - latest year is 1817 - payments are made between those years various names, but paid in 1808 are the "Legacies" paid as follows: (spelled this way)

"To the hiers of BENJ: BUTTERFIELD (eldest son's children) - $30.00

To Mrs Jones (Susannah) -5.00: To Jesse Butterfield -60.00:  To Ezra Butterfield -60.00:  To Luke Butterfield -60.00: To Levi Butterfield -60.00:  To Zeeri Butterfield -60.00:  To Syrus Butterfield -60.00:  To Syrus Butterfield -60.00:   To Ben,j Butterfield -60.00: To Mrs Cressey (Seraph) -40.00"  With payment to Commissioner for appraisal & probate fees to the Court. Note that nothing is paid at this time to ASAPH, POLLY or SYBIL, however on April 8, 1817, following payments made: To BENJAMIN BUTTERFIELD with Interest - $250.13 (In Feb 1810 Benjamin had been paid $278, also) To ASAPH BUTTERFIELD for Legacy wages & Betterment of the Jamaica land as agreed - $800 To POLLY BUTTERFIELD - $76.20 To SYBIL BUTTERFIELD - $76.20

The Probate is signed April 17, 1817, State of Vermont, Windham Co, Brattleboro before Judge G Denison.

HOWEVER, dated April 14, 1817, the Executors Lois Butterfield and Sylvanus Sartwell presented a petition to the Judge, Gilbert Denison, showing debts accumulated to the amount of $2,518.25, and requesting an "order to sell lands to this amount", which was in accordance with wishes of Lois husband,. BENJAMIN BUTTERFIELD, ESQ, as stipulated in his Will. The Court allowed the request - "lands to be sold at public auction or by personal sale."

Copyright 2006 T. Risinger

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