Posted on: DEWHURST - DEWHIRST Wills & Such Board URL: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/surnames/d/e/DEWHURST/wills?read=7 Surname: DEWHURST, MOORS, DOWLING, GENT, BLAKE ------------------------- 1865 In the name of God Amen I James K. Dewhurst of Lowell in the County of Middlesex and the Commonwealth of Massachusetts being of sound and disposing mind and memory do make and publish this my last will and testament. It is my will that my just debts and funeral expenses be paid out of my estate. I devise to my wife Jane for her natural life the use of my cottage house with its appurtenances and I also give her the use of all my household furniture and housekeeping articles for and during her natural life. I give to my wife twelve dollars each month during her natural life payable out of rents and interest money arising (?) from my estate. And these provisions I intend to be in lieu of dower and any other share in my estate. In case my executors shall deem it expedient to sell the cottage house at any time they and the survivor of these and any successor in the trust are hereby authorised to do so and to make valid deed and conveyance thereof in fee-simple, but my wife in that case is still to have the income or interest of the proceeds during her natural life. It is my will that my son Richard J Dewhurst shall for the space of ten years from the time of receiving the same have the use of the whole amount bequeathed to me by my sister Elizabeth Dewhurst, he paying therefor (?) three percent interest to be repaid to my estate at the end of said ten years. My watch and chain and seals I give and bequeath to James Dewhurst, son of my nephew James Dewhurst of Blackburn, England. It is my will that my executors collect said legacy given me by my sister Elizabeth as soon as conveniently can be done. Upon the death of my wife I direct that all my estate real personal and mixed (except said sum loaned to my son Richard J Dewhurst as above provided and all interest there on) shall with reasonable dispatch be converted into money and when so converted it is my will that the sum of twenty dollars be paid to my son in law Albert Moors in consideration of faithful services rendered to me in sickness; and the remainder of my property so converted into money shall be divided into three equal parts. >From one of said parts the sum of one hundred and fifty dollars is to be deducted and that part (so lessened by the deduction) I give and bequeath to my son William, together with my box of tools which I except from sale and which is not to be valued in said division. Another of said parts I give and bequeath to my daughter Anna's child Albert Edward Moors not to be paid to him until he arrives at the age of twenty years, but to accumulate till that time if my wife dies before that time and in case said Albert Edward shall die before he arrives at the age of twenty years his said share shall go to his brother James (Simon?) Moors. The other of said parts with one hundred and fifty dollars added is to be equally divided into three parts, and one thereof I give and bequeath to my daughter Sarah, and another thereof I give and bequeath to the children of my deceased daughter Mary, to be divided equally between them, and the other thereof to the children of my deceased daughter Elizabeth Dowling to be divided equally between them or if she has but one it is (?) that one. In case of the death of said Sarah before she becomes entitled to her said share then the share which would have gone to her if living shall go to her children to be equally divided between them. And in case of the death of any of the children of said Mary before they become entitled to their said share then the shares of the deceased shall go to the survivors to be equally divided between them. And in case of the death of any of the children of said Elizabeth before they become entitled to their said share then the share of the deceased shall go to the survivors to be equally divided between them. And in case the said Sarah and her children shall all be dead at the time when if living they would become entitled to said share, then said share shall be equally divided among the children of said Mary and said Elizabeth share and share alike. And in case all the children of said Mary shall be dead at the time when if living they would become entitled to said one third share, then said share shall be equally divided between said Sarah if living (and in case of her death between her children) and the children of said Elizabeth. And in case all the children of said Elizabeth shall be dead at the time when if living they would become entitled to said one third share then said share shall be equally divided between said Sarah if living (and in case of her death between her children) and the children of said Mary. When the ten years above named shall expire the principal of the above named loan to Richard J. with all accumulated interest there on and without any deductions is to be divided into three equal parts and distributed to the same persons and in the same manner that I have here in provided for the distribution of the three parts of my estate which is to be reduced to money and divided. I constitute and appoint my son Richard J. Dewhurst and William Thomson to be executors of this my last will and testament hereby revoking all wills by me here to for made if any In (?) there of I have (?) set my hand and seal this seventeenth day of April in the year eighteen hundred and sixty five. Signed sealed published and declared by the said James K. Dewhurst as JAMES KIRKHAM DEWHURST said for his last will and testament in presence of the witnesses named also who in his presence and at his request and in the presence of each other have subscribed their names as witness _________ Richardson E. B. Patch James Hopkins Proved June 26, 1866 No:30640 Vol 392 p 651, vol 395 p 401 ******* 18 Oct 1865 To Probate Court, County of Middlesex, MA Richard J Dewhurst and William Thomson both of New York, NY, represent that: James Kirkham Dewhurst who last dwelt in Lowell, County of Middlesex, died on 14 Oct 1865 - possessed of goods and estate remaining to be administered, leaving a widow, whose name is Jane Dewhurst and as his only heirs - at - law and next of kin the persons whose names, residences and relationship to deceased are as follows: Richard J Dewhurst, son, City of New York, aged 49 years William Dewhurst, son, New Brunswick, NJ, aged 44 years Hannah Moors (wife of Albert), daughter, Lowell, MA, 33 years Mary Gent, Daughter deceased, leaving children now living, supposed to be now living in Manchester England, names unknown, also husband Jonathan. Elisabeth Dowling, Daughter deceased, leaving one child residing near Bolton, Lancashire, England, Richard James, husband John supposed living. Sarah Blake, daughter, supposed to be living, residence unknown. That said deceased left a will naming the above executors. ******* 18 Oct 1865 Ordered to appear at Probate Court at Cabridge on 4 Nov 1865 and to publish three weeks successively in Lowell Weekly Journal - pub Lowell ******* 28 Nov 1865 No date In the matter of the estate of James K. Dewhurst late of Lowell...../ ..... estate and effects do not exceed the value of five thousand dollars R.J. Dewhurst ******* 20 Sep 1870 Executor's resignation accepted: Book 18 page 24 I William Thomson do hereby decline to serve any longer as Executor under the last will and Testament of James K. Dewhurst and pray that some one may be appointed in my place. Jersey City, 14 Sept 1870/ .... Having examined the resignation of William Thomson as Executor, I do hereby accept of his resignation. George White (acting judge of Probate Ct.) ******* 20 Sept 1870 Petition to appoint Albert Moors of Lowell as Executor:/ ...... As Richard J Dewhurst is now dead and William Thomson has resigned and Albert is the husband of Hannah who was a daughter of James K. Dewhurst and is regarded by her to administer, she being interested in said estate. ******* 20 Sept 1870 Albert Moors to appear at Probate Court at Cambridge on second Tuesday of Oct. and to publish for 3 successive weeks in Vox Populare - pub Lowell. ******* 20 Sept 1870 Albert Moors appointed Administrator with the will annexed of the estate not already administered. ******* 20 Sept 1870 BOND: Albert Moors of Lowell- Principal and Wm. Nichold and Weld Spielding of Lowell as sureties are beholden etc for the amount of eight thousand dollars. ******* {..... This matter went on for many years. I have not included all the papers. The son - Richard James DEWHURST died before repaying the loan/ ... Theresa Dewhurst}