LAST WILL AND TESTAMENT
of
Fred W. Packard
| Will Book 1 Page 97 I Fred W. Packard of Plymouth, County of Grafton and State of New Hamshire being of a sound and disposing mind and memory do make and publish and declare this to be my last will and testament hereby revoking all former wills by me at any time heretofore made. 1st I do hereby appoint and constitute Alvin F. Wentworth of Plymouth N.H. executor of this my last will and testament and direct him to pay all my debts and funeral expenses as soon as may be after my decease. 2nd I give, bequeath and devise to my mother, Margaret Avery one third of all the property of which I may (?---?) seized whether real personal or mixed and wherever the same may be found or situated after the payment of all my just debts and expenses of administration. 3rd The remaining two thirds of my property of whatsoever nature, whether real, personal or mixed I give, bequeath and devise in equal shares to my beloved wife, Sadie B. Packard and my son Henry Hilton Packard to them and their heirs and assigns forever, and I do hereby nominate my wife, Sadie B. Packard as guardian of my minor child Henry Hilton Packard. Witness my hand and seal this 29th day of May 1909. Fred W. Packard (seal) Signed sealed and declared by the above named Fred W. Packard to be his last will and testament and by us in his presence and in the presence of each other and at his request subscribed as witnesses. Leslie W. Palmer William A. Kimball Alvin F. Wentworth State of New Hamshire To the Hon. Judge of Probate for the county of Grafton Your petitioner Alvin F. Wentworth of Plymouth in said county of Grafton respectfully represents that Fred W. Packard late of Plymouth in said county died on the seventh day of June A.D. 1909 testate having at the time of his death estate in said county, that your petitioner was named in the will of said deceased to execute thereof and is willing to accept that trust. Whereupon he prays that said will may be proved and allowed in common form, and the letters testamentary be granted to him and that C.J. Ayer, R.C. Snyder, and John Renfan all of Plymouth in said county and suitable Will Book 1 Page 98 persons to be appointed to take an inventory and appraise the estate of said deceased. Your petitioner declares that the estate of the deceased upon which he has petitioned for administration, consists as nearly as can be ascertained of property of the following value. Real Estate $_________ Personal Estate _________ Whole amount of estate not (ex?---?) ______ Dated the 26th day of June A.D. 1909 Alvin F. Wentworth Court of Probate Crofton SS At a special court of probate held at Haverhill in said county on the 26th day of June A.D. 1909 upon due consideration of the forgoing petition it is decreed that the prayer thereof be granted and that letters testamentary issue to the said petitioner accordingly. Tyler Westgate Judge of Probate Know All men by these presents, that we Alvin F. Wentworth of Plymouth, County of Grafton and State of New Hamshire as principal and the Massachusetts Bond and Insurance Company of Boston, Commonwealth of Massachusetts a corporation duly authorized by law to issue surety bonds as surety, and held firmly bounded and obliged unto the Judge of Probate for the County of Grafton, in the full sum of Fifteen Thousand dollars to be paid to the said Jude to the true payment whereof (?--? ?----?) ourselves our respective heirs executors and administrators jointly and severally firmly to those presents, sealed with our seals and dated the 26th day of June Anno Domini, one thousand nine hundred and nine. The conditions of the above obligations is such that the above bounden Alvin F. Wentworth who is appointed executor of the last will and testament of Fred W. Packard, late of Plymouth in said county of Grafton deceased estate, do make or cause to be made and returned to said Judge upon oath within the months from the date hereof a true and perfect inventory of the estate of said deceased, which has or shall come to be his possession or knowledge or into the possession of any other person or persons for him and the same and all the estate of said deceased which at any time hereafter shall come to his possession or knowledge or into the possession Will Book 1 Page 99 of any other person or persons for him do (?---?) and (?---?) according to the law and said will and do make and render to said Judge upon oath, as Just and (?------?) of said administration within the year from the date (?---?) and all the rest and residue of said estate which shall (?---?) remaining upon the account of said testator (?------?) being examined and allowed by said Judge shall (?---?) pay unto such person or persons (?--?) testimony as (?--?) Judge by his decree or sentence, pursuant to law shall (?---?) and appoint and in case any other will of the deceased shall hereafter be approved and allowed shall (?declare the?) letters testamentary hereupon granting unto the court (?---?) then the above obligation to be void otherwise to (?------?) Alvin F. Wentworth (seal) Massachusetts Bond and Insurance Company By Charles J. Ayers Its Atty in fact Signed sealed and (?allowed?) in the presence of W.M.A. Kimball (Bond Seal) Grafton SS Probate office I R.T. Baithett register of the court of probate for said county hereby certify that at a court of probate duly held at Haverhill in said county on the 26th day of June Anno Domini 1909 Alvin F. Wentworth of Plymouth in said Grafton County was duly appointed and commissioned executor of the last will and testament of Fred W. Packard late of Plymouth in said county deceased. That the said Alvin F. Wentworth accepted said Trust and gave hand for the faithful performance thereof as required by the laws of this State, and that said appointment has never been revoked but remains in full force as by the records of said court appears. Given under my hand and seal of the court at Haverhill in said county this 15th day of November A.D. 1911. R.T. Baithett Register State of New Hamshire, Grafton SS I Tyler Westgate Esquire Judge of Probate within and for said county hereby certify that R.T. Baithett Esquire is register of probate for the county of Grafton aforesaid and that full faith and credit may and ought to be given to the certificate and attestation by him before subscribed and to all papers and signatures hereto (?-----?) Will Book 1 Page 100 purporting to be by him subscribed and that the same is in due form. Given under my hand and seal of probate court at Haverhill this the 15th day of November in the year of our lord one thousand nine hundred and eleven. Tyler Westgate, Judge of Probate State of New Hamshire Grafton SS I the undersigned register of probate court within and for said county do hereby certify that the named Tyler Westgate subscribed to the forgoing certificate as Judge of Probate is his own proper signature. Given under my hand and the seal of the Probate Court in Probate office at Haverhill in said county this 15th day of November A.D. 1911 R.T. Baithett, Register State of New Hampshire Grafton SS (?---?) a special Court of Probate for the County of Grafton (?held in?) at Haverhill in said county on the 26th day of (?Jany?) A.D. 1909. The forgoing instrument purporting to be the last will of Fred W. Packard late of Plymouth in said county deceased having been presented for probate in Common form by Alvin F. Wentworth the executor therein named. It appears to me, the Judge of Probate for said County by the testimony in court of Alvin F. Wentworth one of the witnesses whose names are to the said instrument subscribed, that, at the time of the execution thereof the said deceased was more than Twenty one years of age and of sane mind, that he did sign seal and publish the same as his last will and that the said Alvin F. Wentworth with William A. Kimball and Leslie W. Palmer attested and subscribed the same together as witnesses to the execution thereof in the presence of said testator. It is therefore decreed that the said instrument be and it is hereby proved, approved and allowed as the last will of said testator. Taylor Westgate Judge of Probate Will Book 1 Page 101 State of New Hampshire Grafton SS Probate Court Registers Office I R.T. Baithett Register of the Probate Court of said county of Grafton, having by law the (?---?) of the seal and all the recorder books, documents and copies of and appertaining to said court herby certify the paper hereto (?annexed?) to be true copies of the papers appertaining to said court and on file of (?---?) in the (?---?) court. In witness whereof I have hereunto set my hand and seal of said court this 15th day of November in the year of our lord one thousand nine hundred and eleven. R.T. Baithett, Register Knott County Court Reg. Jan term Day 15th Day of Jan 1912 Order In the matter of the probate of the last Will and Testament of Fred W. Packard, deceased Came today Alvin F. Wentworth, Henry Hilton Packard, Sadie B. Packard and Margaret Avery and by their attorneys Smith & Combs produced and filed for probate an authenticated copy of the last will and testament of Fred W. Packard, deceased together with an authenticated copy of the order and certificate of probate duly made and entered of record in the Probate Court of Grafton County, State of New Hampshire, the place of residence of the said Fred W. Packard and the court wherein the said Will was originally probated, also an authenticated copy of the transcript of the proof and evidence upon which said Will was probated by said court. Also, authenticated copy of the petition of the executor Alvin F. Wentworth to said court, entering motion to probate said Will therein, also an authenticated copy of the letters of testamentary granted to said Alvin F. Wentworth and his bond as executor of said last Will and Testament and thereupon entered this motion that the said authenticated copies be probated by this court as the last will and testament of Fred W. Packard and as a valid will of causes owned by him, the said Fred W. Packard at the time of his death, situate in Knott and this counties in the State of Kentucky Will Book 1 Page 102 and that the same be entered of record as such. It appearing to the satisfaction of the court from such authenticated copies, that the said Fred W. Packard was at the time of his death a resident of the City of Plymouth, County of Grafton, State of New Hampshire, and died in said city, county and state and that his said last will and testament was filed for probate duly proved and probated in the Probate Court of the County of Grafton, State of New Hampshire, and that said will of said Fred. W. Packard deceased was so executed, proved and probated as to be a valid will of lands in this commonwealth. It is ordered and adjudged by this court that the said (?writing?) be and the (?---?) hereby admitted to Probate as a good and valid will of lands owned by deceased in this commonwealth and that said will is now ordered to be recorded as the true last will and testament of said Fred W. Packard deceased. Irving Napier Judge Knott County Court State of Kentucky Knott County I R. H. Amburgey Clerk of the County Court in and for the County and State aforesaid hereby certify that the forgoing authenticated copies of the last will and testament of Fred W. Packard, the application of Alvin F. Wentworth to the probate court of Grafton County New Hampshire to have said will probated by said court, the letters testamentary issued to said Wentworth by said court, the bond of executor by said Wentworth executor of said will, the certificate and order of probate made by said court of probate of the county of Grafton, State of New Hampshire, proving, approving, attesting and probating said last will and testament, (?---?) of authentication thereto and order of probate of the (?---?) County Court were this day produced to me by said Alvin F. Wentworth and the (?---?) in said will and testament with the forgoing order of probate and this certificate by me duly recorded in my office aforesaid in Will Book 1 page 99. Given under my hand the 18?th day of (?July?) 19?? R. H. Amburgey Clerk Knott County Court By John Sturgill D.C. Transcribed by Debbie Tamborski |