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Monday, March 14, 2011

Will of Moses Westover -- Amanuensis Monday

On Saturday, I posted the ancestry of Moses Westover of Massachusetts and Quebec, Canada. He was both an Revolutionary War patriot, and a Loyalist. Many descendants have contacted me pertaining to him, because I visited his cemetery in Quebec and posted his family online, through Ancestry and RootsWeb. His 1809 will is below, a tough read in many places, and five legal pages long.


"In the Year of Our Lord Christ One thousand eight hundred and nine and on the Twenty-second day of July in the afternoon at the request of Moses Westover of the Township of Sutton in the county of Bedford in the district of Montreal and Province of  Lower Canada Yeoman

I Louis Barbieue a Public Notary duly--admitted and sworn as such for the province  of Lower Canada residing in the signieory of St. Armand the county and Province, district, aforsaid, went to the dwelling house of said Moses Westover, who being in perfect state of health and of a sound mind--memory and understanding, as appeared unto me the said Notary and to the underwritten witnesses herein after named, considering the certainty of death, and the uncertainty of the time thereof, and to the end that he might be the better prepared to leave this world whenever it shall please God to call him hence do make and dictate this his last well and testament in the manner following.

That is to say,
Humbly bequeaths his soul to God his maker, beseeching his most gracious acceptance of it through the all sufficient minds and meditation of his most compassionate redeemer Jesus Christ who gave himself to be an atonement for his sins and is able to save to the uttermost all that come unto God by him seeing he even liveth to make __? for them that fear his Holy name  Amen

The testator humbly gives his Body to the earth from whence it was taken in full assurance of its resurrection from thence at the last day. As for his burial the said testator have it at the direction of his executor herein after named who he doubts not will manage it with all requisite prudence.

Wills and positively orders the said Moses Westover testator, that all his just debts be paid by his said Executor

Then orders and directs that his beloved wife Elizabeth Holmes, be, from and after his decease if she survives him, and so long as she shall remain his widow decently and comfortably maintained and supported out of, and upon the property and estate herein first described and bequeathed or to be bequeathed unto Stephen Westover their son and that she be allowed to remain with him on the said estate so long as she shall choose and be maintained in the house if she should choose to stay, or abroad if she should choose to go then from in which latter case, she may take away her bed and bed clothes and with it such other furniture as she may necessarily want.

Gives devises and bequeaths unto said Stephen Westover his beloved son the following piece or parcel of land, being a part of that tract or parcel of said, situate lying and being in the Township of Sutton aforesaid, known and distinguished by lot No. sixteen, in the tenth range of Lots in the said Township of Sutton, containing the said intended bequeathed parcel of land, about one hundred and fifty superficial acres and more or less with all the improvements erected and made then and every the appurtenants there unto belonging with the usual allowance for highways to be bound as follows; that is to say, Southerly by the largest brook running through said Lot __? called the little branch of Masha River, Northerly joining the No. 16 in the Eleventh concession of said Township, Easterly by a reserved public Lot, and Westerly by No. 15 in the said tenth range, with the exclusive rights and privileges of all the waters running through said brook for the purpose of erecting mills, forge or any other waterworks.

The said testator gives devises and bequeaths unto Samuel Westover his beloved grandson and the son of Amasa Westover deceased, the following piece or parcel of land being the residue part of the aforementioned Lot No. 16 in the tenth range of lots in the Township of Sutton aforesaid containing the said residue or parcel of land about fifty acres with the usual allowances for highways be the same more or less with all __? And appurtenances belonging, to be bounded and measured as follows that is to say Northerly by the brook heretofore described,  Southerly by the No. 16 in the ninth range, Easterly, by a reserved Public Lot, and Westerly by Lot No. fifteen in the said tenth range of lots, with express  conditions that said Samuel Westover shall not have nor receive the least privileges or rights of the water for the purpose of erecting any saw mill or other water works, but for his own personal use and family, or his cattle only.

Gives and bequeaths  unto his beloved sons, Moses, Esa, Silas, John and Liman Westover the sum of fifteen Spanish milled Dollars, to each of them making in the whole the sum of seventy five Spanish Dollars; payable two years from and after the decease of the said testator by said Stephen Westover only for such is the condition of the aforesaid parcel of land to him bequeaths and without which this present will should have not been written

And whereas it was and is yet the intention and desire of the said Testator that said Samuel Westover  son of Amasa Westover and grandson to the said testator now living with him should be kept in his and the said testator's family until he should have attained the age of twenty one years and within that period of his age, that he should be taught reading and writing and the first four rules of arithmetic and like wise taught working in the line of a farmer, the said testator therefore doth hereby enjoin and request the said Stephen Westover in case he the said testator should leave this world eve tho said Samuel Westover shall attain the age of twenty one years that he carry? _ (crossed out) intention and desire into effect, and if the said Samuel Westover shall stay and work with him until he shall have attained the age of twenty one years. Orders and directs that he the said Stephen Westover give unto him the said Samuel Westover, a milk cow of a middling size and value and  and new and decent suit of clothes

And as to the residue and remainder of all and generally his goods and chattels, __, lands, tenements, and __ments?, movables on immovable property and money which the said testator is now or which may hereafter belong unto him whenever the same may be situated lying and being without any _ations?  or exceptions, whatever to be, by him the said Stephen Westover disposed of as he shall think advisable and proper without rendering any account to any person or persons whatsoever.

And for the due execution of this present last will and testament of the said Moses Westover

He the said testator hath constituted and appointed on condition however that the said Stephen Westover or his heirs shall as herein before and firstly directed suffer the said Elizabeth Holmes, his mother to remain in the house with him and shall maintain and support her as directly and comfortably as she shall have been till then, as will while she shall be abroad if she should ever choose to go--elsewhere to live, as while living with him and  this so long as she shall remain his (the said testators) widow, and the said testator the better to secure the maintenance of his said beloved wife, doth hereby order, direct and charge him the said Stephen Westover, not to sell, transfer or in any way wise alienate any part or parcel nor the whole of the property and estate hereby unto him given and bequeathed unless by and with the consent of his said mother whilst she shall remain his widow.

Executor of the same, his beloved friend Daniel Stone"