Monday, March 20, 2023

Amanuensis Monday -- 1868 Will of James N. Sever (1793-1869) of Kingston, Massachusetts

 This week's document for transcription is the 1868 Will of James N. Sever (1793-1869) of Kingston, Plymouth County, Massachusetts.

1)  Plymouth County [Massachusetts] Probate Records Estate File 17828:  1868 Will of James N. Sever - Image 11 of 17:

2)  Plymouth County [Massachusetts] Probate Records Estate File 17828: 1869 Will of James N. Sever - Image 12 of 17:

3)  Plymouth County [Massachusetts] Probate Records Estate File 17828: 1869 Will of James N. Sever - Image 13 of 17:
4)  Plymouth County [Massachusetts] Probate Records Estate File 17828: 1869 Will of James N. Sever - Image 10 of 17:
The transcription of this will is:

[image 11 of 17]

I James N Sever of Kingston Plymouth County do make this my last
Will and Testament, in the following manner, hereby revoking all former Wills by
me made.

First, I give to my son Winslow W. Sever, five hundred dollars he relinquishing all claim
to certain articles of furniture belonging to him now remaining in my house.
I give to my Wife and to my daughters Charlotte and Nancy One hundred dollars
to each of them.
I give to Evergreen Cemetery in Kingston One hundred dollars.
I give to my friend and Pastor Joseph H. Phipps One hundred dollars.
I give to Robert Eager for his many acts of friendship Fifty dollars.
the foregoing legacies to be paid in six months after my decease free from Government tax.

Second, I give to my Wife the use occupancy and improvement of my homestead place
where I now reside, land, buildings houshold furnishing full and complete in
every particular as they may be at time of my decease, also all of my garden
and farming tools during the time of her natural life, and without being
accountable for the ordinary wear and use of such things.  I also give her
in her own right animals if any and all stores and supplies in hand of all
kinds.  If the Trustee to be appointed under this Will should think it proper
and advantageous to sell the whole or any part of this property given to my Wife
for her use, with the full and free consent of my Wife he is authorized and
empowered to do so, but the money arising from such sale, shall form and  make a part
of the Trust estate thereafter to be provided for with the same provisions and conditions.

[Image 12 of 17]

Third.  All the remainder of my estate both real and personal
I give to my son Winslow W. Sever in (Trust nevertheless) for the
following purposes.  First to pay all later legally assessed
annually on the estate I have given the use of to my Wife,
and also to pay all necessary expences for the ordinary care and repair
of the buildings and fences during his life, and also to pay all legally
assessed taxes on the trust estate and any other necessary expences
After these deductions, the net annual income & interest from 
all sources from the trust estate shall be paid in the following
manner.  One half part thereof to my Wife during the term
of her natural life, and the remaining half part in equal
parts to my daughters Charlotte and Nancy during the life of my
Wife, these payments to be made to my Wife and daughters
quarterly if convenient to the Trustee to do so.

I hereby authorize and empower the Trustee aforesaid to sell any
of the real or personal estate under this trust that he may deem
In the interest of the trust, and to invest and reinvest the
same in safe and if possible productive investments.

Fourth.  At the deceased of my Wife the whole of the remainder of
the estate both real and personal shall be equally divided
among my children provided however that if any of my children
should decease leaving no surviving issue during the continuance of
of the aforesaid trust the share that would ^fall^ to them or either of them shall
pass to my surviving children and to their heirs.

[Image 13 of 17]

And I do hereby appoint my son Winslow W. Sever Executor of
my Will, and requiring no Bonds of the Judge of Probate thinks
its proper to do so.
                                     Kingston July 21'st Eighteen hundred sixty-eight.

                                                                        James N Sever  {seal}

Signed Sealed and declared by James N Sever as and for his Will and we at his
request in his presence and in presence of each other signed our names as
                                                                                George B Bradford
                                                                                 Joseph Stetson &
                                                                                 B.F. Ames

I James N Sever of Kingston, do make codicil to my Will which is dated
July twenty first eighteen hundred sixty eight, making some alterations in
regard to the disposal of the income of the Trust estate.

I may order and direct the Trustee to pay to my wife Eight hundred
dollars, and to my daughter Charlotte four hundred dollars annually in
quarterly payments, after ^these^ payments to pay my daughter Nancy any excess
of net income over twelve hundred to fifteen hundred dollars, and any excess
of net income over fifteen hundred dollars shall be paid annually in equal parts
to my wife and surviving children.  All of these payments to be paid in full in the order in
which they are named, of the annual net income is sufficient for that purpose

[Image 10 of 17]

I also give to my wife the liberty to have out of my wood land twelve cords
of Wood annually, for the use of herself and family so long as she shall
occupy the house I have given her the use of and the expense of cutting
and carting the same to be paid by the Trustee from the income of the
Trust estate without charge to my wife.

In all other respects my will shall remain the same rendered.

Signed in presence of                                          James N Sever
Joseph Stetson 
Edwin Durham                                    Sept'r 3, 1868.
George B. Bradford.

The source citation for this probate case file is:

Plymouth County [Mass.] Register of Probate, Plymouth County (Mass.) Probate Records, 1686-1881, American Ancestors (, Estate file 17828 (17 images), James N. Sever of Kingston, 1869.

James Nicholas Sever (1793-1869) was born 13 December 1793 in Kingston, Massachusetts, the son of John and Nancy (Russell) Sever.  He died 9 April 1869 in Hull, Massachusetts.  He married (1) Mercy Foster Russell (1799-1844) in December 1819 in Kingston.  She was the daughter of George and Betsey Foster (Drew) Russell.  They had seven children:

*  George Russell Sever (1822-1823).
*  James Russell Sever (1824-1825).
*  James Nicholas Sever (1828-1846).
*  Sarah Russell Seaver (1829-1831).
*  Winslow Warren Sever (1832-1894).
*  Charlotte Freeman Sever (1833-1875).
*  Nancy Russell Sever (1835-1908), married 1869 Henry Lewis Chase (1832-1905).

James Nicholas Sever married (2) Jane Ripley Nichols (1805-1891), the daughter of Israel and Hannah (Foster) Nichols, on 15 September 1845 in Kingston.  They had one child:

*  male Sever (1847-1847).

The will was written on 3 September 1868, the codicil was written on 21 September 1868,  and the will and codicil were proved on 10 May 1869 in Plymouth County Probate Court.  Winslow W. Sever was identified as the executor and trustee in the will.  A bond of $20,000 was posted by the executor on 10 May 1869.  There is no inventory, account or distribution in the estate file.

The will and codicil are fairly complicated.  His daughter Charlotte died unmarried in 1875.  His daughter Nancy married Henry Lewis Chase in 1869, died in 1908, but had no children.  His son, Winslow W. Sever died in 1894 without a spouse or heirs.  Winslow Warren's Sever's probate estate file is probably quite convoluted and is probably distributed amongst the heirs of James Nicholas Sever's siblings.

James Nicholas Sever (1793-1869) is my 4th cousin 6 times removed.  Our common Seaver ancestor is Robert Seaver (1608-1683) of Roxbury, Massachusetts.


NOTE: Genea-blogger John Newmark (who writes the excellent TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday." John offers this definition for "amanuensis:"

"A person employed to write what another dictates or to copy what has been written by another."

Read other transcriptions of records of my ancestors at Amanuensis Monday Posts.

Copyright (c) 2023, Randall J. Seaver

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