The Last Will and Testament of Albert David Sanders

Albert David Sanders

My 3rd Great Uncle Albert David Sanders was a benefactor to the Sanders and down through the Wright Family.  We are still seeing the effects of his life down to my generation.  For instance, I have a pair of chairs that have been passed down through my mother that came from his estate.  I've transcribed (to the best of my ability) his will.  It gives us some clues to the complex Sanders story.  Section 4 is a bit confusion and I think there is a part missing.  I also think there is misplaced text.

I'll evaluate what is in the will in the next post and then work on his biography.

Know all persons by these present that I Albert D. Sanders of Williamsburgh in the Country of Hampshire and Commonwealth of Massachusetts being in good health and of sound and disposing mind and memory do make and publish this last will and testament, hereby revoking all former wills by me at any time heretofore made.

First, my will is that my just debts and funeral expenses, the expense of my last sickness, of preparing, adorning and protecting my cemetery lot as my executors shall see fit, and of erecting thereon such monument as they shall think suitable, shall be first paid out of my estate. I appoint Charles H. Allen of Boston, and Samuel L. Spaulding of Northampton executors of this will.

Second, I give and bequeath to my father David Sanders his executors administrators and assigns One Thousand Dollars and to my Mother Amy W. Sanders her executors administrators and assigns One Thousand Dollars.

Third, I give and bequeath to my adopted daughter Eleanor Baxter, now called Eleanor Baxter Sanders, Eight Thousand Dollars, to have and to hold the same to her, her executors administrators and assigns, to her sole and separate use free from the interference and control of any husband.

Fourth, I give and bequeath to Charles H. Allen of Boston his executors administrators and assigns Eight Thousand Dollars in special trust and confidence however that he the said Charles H. will invest the said sum at legal interest simply secured by mortgage of real estate, that he will apply such part of the income or principle as may be necessary for the education and maintenance of my adopted daughter Lucy A. Reed now called Lucy A. Reed Sanders until she shale arrive at the age of twenty one years and that he will, on her arrival at that age, assign and transfer to her the whole or remaining part of said sum of Eight Thousand Dollars and all the accumulations, evidences, and securities therefor, to have and to hold the same to her, her executors administrators and assigns to her sole and separate use free from the interference or control of any husband.

Fifth, I give and bequeath to John Payson Williston of Northampton his executors administrators and assigns, Eight Thousand Dollars in trust for the use and benefit of my adopted son Everett Baxter now called Everett Baxter Sanders, and in the full trust and confidence that he the said John P. Williston will apply and pay over so much of the income and principal of said sum, even to the whole amount thereof as may, at any time during the life of the said Everett, be necessary for his education or maintenance is to advance him in any lawful and honorable profession, business is prussuint in life; and I do hereby give the said John P. full power and the largest discretion to apply and pay over the whole or a part of said income or principal at one time or from time to time, to or for the said Everett, as the said John P. may judge for the best interest of said Everett, and until such application or payment it is my wish that he keep the said sum invested in such manner that he shall think safe and profitable. If the said Everett shall decease without having received the whole of said sum and the income therefor, then the said John P. shall pay over the remaining part, if any, of said sum and income to child or children and the issue of any deceased child of the said Everett, to be equally divided between such children, if more then one, and the issue by right of separation, living at the time of his decease. And if the siad Everett shall leave no issue having at the time of his decrease, then the said John P. shall pay over such remaining part if said income and principal in equal shares, one half to my said adopted daughter Eleanor Baxter Sanders her executors administrators and assigns fore from the inheritance or control of any husband and the other half to the said Charles H. Allen, in the trust for my adopted daughter Lucy A. Reed Sanders as provided in the Fourth Article of this will if she shall not then be of the age of twenty one years, but if she shall then have attained that age, the said John P. shall pay the said other half of such remaining part of said sum and principal to the said Lucy A. Reed Sanders her executors administrators and assigns free from the interference or control of any husband.

Sixth, I give and bequeath to my sister, Mrs. Lucy S. Sanderson her executors administrators and assigns Five Thousand Dollars, to her sole and separate use free from the interference or control of any husband and to my sister Mrs. Sarah W. Reed her executor, administrators and assigns Five Thousand Dollars to hr sole and separate use free from the interference or control of any husband.

Seventh, After payment of the legacies given in the preceding articles of this will which are to be preferred to those hereafter given, I give to the said Charles A Allen the sum of Two Thousand Dollars in trust for the equal use and benefit of my niece Jane Caroline Reed, and my nephew Albert Reed, both of Whately and in the special trust and confidence that said Charles H. will invest the said sum at legal interest amply secured by mortgage of real estate and that he will in the exercise of his discretion and if in his judgement it shall be necessary apply the whole or any part of One Thousand Dollars and the interest there  _______ principal sum of Five Thousand Dollars and to the intent there shall be three competent and fit persons to execute this trust, my will is that anyone or two of the trustees above named in the article, accepting, acting or remaining in said Williamsburg ___________

Thousand Dollars and the income thereof to her sole and separate use free from the interferference or control of any husband, and that he will in his discretion, apply One Thousand Dollars and the income thereof, in any portion of said sum and income to and for the maintenance and education of said Albert Reed until shall attain the age of twenty one years, and that he the said charles H. will then pay to the said Albert his executors administrators and assigns, the whole or the remaining part, if any, of the said One Thousand Dollars and income.

Eight, I give I give to my brother-in-law Henry L. Tileston his executors administrators and assigns One Thousand Dollars, and to his children to be equally divided between them, their executors administrators and assigns One Thousand Dollars. I give to my cousin Caroline Allen wife of said Charles H. Allen, her executors administrators and assigns, to her sole and separate use One Thousand Dollars.

Ninth,  I give to Joel Hayden, Elam Graves, and William M. Trow all of Williamsburg, and the survivors and successors of them, their executors administrators and assigns, Five Thousand Dollars, in trust for the Haydenville School DIstrict being school district numbered 3 in the present division of school districts in Williamsburg and for the purposes of education in said district as the same is now bounded. Whether it shall be included or not hereafter in any division of said districts or not, in any new division thereof; andin the special trust and confidence that the said Hayden, Graves and Trow will securely ad properly according to their best judgement invest the said sum, that they will annually pay over to and for the said district and for the purpose of promoting education therein the increase of said sum, and that they will for the same object, if in their judgement it shall be necessary apply and pay over, at any one time or from time to time, the whole or any part of said principle sum of FIve Thousand Dollars and to the intent that there shall alway be three competent and fit persons to execute this trust, my will is that anyone in two of the trustees above named in this article,accepting,acting, or remaining in said Williamsburg or surviving, shall appoint a substitute or substitutes for any one or two of them, not accepting, neglecting or refusing to act, removing from said Williamsburg or not living, such appointment to be confirmed by the Judge of Probate for the said County of Hampshire, and a vacancy in the said board of trustees which shall hereafter at any tie occur from any of the causes above enumerated, specified, shall be filled in this manner.

Tenth, I give to Joel Hayden, Elam Graves, and William Trow aforesaid, and to the survivor and survivors of them their executors administrators and assigns Five Thousand Dollars in trust for the sole use and benefit of the Haydenville Church Society, and in  the special trust and confidence, that said Hayden, Graves, and Trow will according to their judgement, safely and profitably invest the said sum, and pay over annually to the said Society to preserve and promote therein and thereby the ordinances and influences of Christianity, the income of said sum, and that they the said trustees, if in their judgement the welfare and objects of said Society require it, will at any time and from time to time pay over to the same the whole or any part of the said principle sum of Five Thousand Dollars. In case of vacancy or vacancies in said board of trustees at any time hereafter, from refusal or neglect to accept, or act in this trust, resignation, removal from said Williamsburg, or death, the one or two not thus disqualified shall fill the vacancy or vacancies subject to the confirmation of the Court of PRobate as provided in the ninth article of the intent there shall always be those suitable persons to execute the trust of this article of this will.

Eleventh, I give to the American Board of Commissioners of Foreign Missions, their successors and assigns, Five Thousand Dollars; to the American Home Mission Society their successors and assigns, Five Thousand Dollars; to the American Tract Society their successors and assigns, BOston, Two Thousand Dollars, to the American Tract Society, New York, their successors and assigns, Two Thousand Dollars

Twelfth, Of all the residue of my estate real personal and mixed which I shall own at the time of my decease I give and devise One Fifth part to my sister Mrs. Lucy S. Sanderson her heirs executors administrators and assigns free from the interference or control of any husband.  One Fifth part of said residue, I give and devise to my sister Mrs. Sarah W. Reed, her heirs executors administrators and assigns free from the interference or control of any husband. I give and devise One Fifth part of said residue to my adopted daughter Eleanor Baxter Sanders, her heirs executors administrators and assigns free from the interference or control of any husband.  I give and devise One Fifth part of said residue to said Charles H. Allen his heirs executors administrators and assigns in trust for my adopted daughter Lucy A. Reed Sanders her heirs executors administrators and assigns free from the interference or control of any husband and in the special trust that he will faithfully invest and reinvest the said Fifth part and convey apply and pay over the principal and income thereof before and at the time she shall attain the age of twenty one years as is provided in respect to the fund given in trust for her in the Fourth article of this will.  I give and devise One Fifth part of said residue to the said John Payson Willington his heirs executors administrators and assigns in trust for my adopted son the said Everett Baxter Sanders his executors administrators and assigns, he the said Willington to have full power and discretion to invest convey, deliver apply and pay over the whole or any part of the said One Fifth or the income thereof at any time or times to and for the said Everett, as is provided in respect to the fund given interest for him in the Fifth article of this will, the remainder of said fifth part and income not applied for the benefit of said Everett in his lifetime shall be dispensed of as is provided in reflect to the fund given in the said Fifth article upon the contingencies therein named.

Thirteenth, I hereby modify and change the ninth article of this will as follows: if there shall be a division of said district numbered 3, that section of it lying above the Old Brick School House, towards williamsburg shall not participate in the legacy given in said article, it being my intention that the sum shall go specifically support the schools in the centre of the village of Haydenville. If my parents or either of them shall not survive me the legacies given in the second article of this will, shall lapse into the residue of my estate. In testimony whereof all examses and intermediaries having been first made I hereunto set my hand and seal and publish and declare this to be my last will and testament in presence of the interests named below this fifteenth day of January in the year Eighteen Hundred and Sixty Two.

Albert D. Sanders Signature