[Note: states his first will was dated 30 Dec 1784.]
In the Name of God Amen!
I Thomas Elwell of Hardwick in the County of Worcester & Commonwealth of Massachusetts Yeoman being at this time weak and infirm in body tho. of a sound disposing mind & memory & Calling to mind the mortality of my body & knowing that it is appointed for man once to die do make and ordain this my last Will & Testament Viz. Principly & first of all I give & recommend my Immortal Soul into the hands of God who gave it and my body I recommend to the dust to be buried in a decent manner at the discretion of my Executors. And as Touching such worldly Estate wherwith it hath pleased God to bless me in this Life,
I Give Demise Bequeath to my beloved wife Elisabeth one Cow three years old & my black Mare, which are to be kept for her use (free of expence during her widowhood) by my son David also the use of my front west room with the Cellar under it & a bed-room with the use of the Well and as many apples & as much sause as she may have occation to use with a sufficient quantity of firewood Cut at the Door during her widowhood provided she shall continue to live with my son David who is hereby directed to provide the sd. articles for her: also the use & Improvement of all my household furniture during her natural Life: also ten bushell of Indian Corn, five bushell of Rye, two Bushels of Wheat two hundred pounds wt. of Beef & Pork; twenty pounds of flax six pounds of sheeps wool & one barrel of Cyder to be delivered at my present dwelling house for her use annually so long as she shall remain my widow; to be paid & delivered to her by my son David.
ITEM I give & bequeath to my beloved sons Joshua, Moses, Thomas, John & Jonas, and to their heirs forever the following tracts or parcels of Land viz about forty Eight acres being the Land which I bought of Oliver Rice also a piece Containing about 30 acres: being the Land which I bought of John Jenney excepting out of that same about four acres, which I have given by Deed to my son David also ten acres of Land to be set off from the northerly part of my homestead farm adjoining to Capt. Warner land all to be divided among them at my decease.
ITEM I give and bequeath to my beloved son Jabez six shillings which with what I have heretofore given him is his full proportion of my Estate.
ITEM I give & bequeath to the children of my beloved son in law Moses Olmstead twelve shillings which with what I have heretofore given to him & to my daughter abigail his late wife deceased is their full proportion of my Estate.
ITEM I give & bequeath to my beloved daughter Lucy Rice twelve shillings; which with I have heretofore given her is her full proportion of my Estate.
the affore sd. Legacies to my son Jabez to Moses Olmstead & to my daughter Lucy Rice to be paid to them by my Sons Joshua, Moses, Thomas, John & Jonas equally in one year after my Decease
ITEM I gave & bequeath to my beloved daughter Anna Moody all my household furniture, to be delivered to her immediately after the decease of my wife
ITEM I give & bequeath to my sons Joshua, Moses, Thomas John, Jonas & David all the Stock of Every kind which may be in my possesion at my Decease together with all my wearing aparell not previously disposed of & I do hereby order them to pay all my Just debts & funeral charges out of the affore sd. articles & to divide the residue (if any remains) equally among them: and all debts due to my Estate, and all my property not particularly disposed of in this Will, are to be equally divided among all my sons
ITEM I give & bequeaath to the four Children of my beloved son Mark Elwell deceased viz to Polly Elwell, Lucy Elwell Ruth Elwell & Roxany Elwell all the Land westerly of my Dwelling house not already disposed of, Containing about twenty Eight acres: & I do here by give the improvement of the sd. Land to the Widow of the sd. Mark Elwell during the nonage of the sd. children provided she shall Continue to be his widow: & whenever the Children shall arrive to the age of Eighteen years the sd. Widow is to relinquish two Thirds of Each childs respective portion of the sd. Land & after the Children shall all arrive at the age of Eighteen years the Widow shall have the improvement of one Third part of sd. Land during her widowhood & whenever she shall decese or marry the sd. Land shall be equally divided among the affore sd. four children
And I do hereby ordain constitute & appoint my beloved Wife Elisabeth to be Executrix & my son David to be executor of this my last will and Testament in witness whereof I have here unto set my hand & seal, this twelvth day of July Anno Domini seventeen hundred ninty.
Thomas Elwell [seal]
Signed, sealed, published pronounced & declared by the sd. Thomas Elwell to be his last Will & Testament in presence of us the subscribers
Martin Kinsley
Moses Winchester
Elizabeth X Elwell [her mark]
Thadeus Forbs
Ebenezer Willis
