Last Will & Testament of Asa Sparks

Transcribed by Michele Valenzano

Asa Sparks of Sheffield

Last Will & Testament of Asa Sparks

In the name of God, amen.

I, Asa Sparks of Sheffield in the county of Berkshire and Commonwealth of Massachusetts, yeomen, infirm of body and conceiving myself threatened with death, tho thro the mercy of God of sound mind and memory desire to give up my spirit to God who gave it, and my body to be at his disposal, believing the same will be raised thro the power of Christ, at the General Resurrection, and concerning the estate and property which God has given me, I do make and declare and publish this my last will and testament, revoking and annulling hereby all other and former wills and devises.

In the first place i do give and devise to my dear and beloved wife, Abigail Sparks, one third part of all my personal goods and estate to her use and behoof forever and also the use and improvement of one third part in quantity and quality of the house land and tenement in said Sheffield, on which I now live, being the same purchased from - William Mason, and containing one hundred and fifty acres, for and during her natural life.

Item, I give and devise to my beloved son William Sparks and sum of fifty dollars. To my beloved son, Lemuel Sparks the sum of ten dollars. To my beloved daughter Sabra Smith wife of Merritt Smith the sum of one hundred dollars. To matilda Chapin, wife of Moses Chapin, who is also a beloved daughter, one hundred dollars. I furthermore devise to my beloved sons Comfort Sparks and Talbot Sparks the farm of land on Mount Washington which I purchased of William Fellows containing about three hundred acres, excepting however there from a small parcel thereof already bargained to be conveyed to David Coon and Adam Tihre to have and to hold them, their heirs and assigns forever, as tenants in common, also I devise to my beloved son Joseph Sparks, the sum of five hundred dollars to be paid to him by my executor hereinafter to be named in five annual payments of one hundred dollars each. To my beloved daughter, Luanna, wife of Fairchild Stevens and Clara, wife of John More, I give and devise the sum of fifty dollars each. Also to my beloved son Benjamin I give and devise the residue and remainder of all my personal and real estate of what kind and nature corner which is not herein before devised and particularly the following tracts and parcels viz: one tract lying in Salisbury in the county of Litchfield purchased from Calvin Loring and Jonathan Scovell supposed to contain fifty five acres also the farm of land lying on Mount Washington which I purchased of Joseph Webb supposed to contain two hundred and fifty acres. Also the farm or homestead in said Sheffield whereon I now live, excepting there from the use and improvement of one third part thereof, already devised to my wife Abigail Sparks, one tract of land containing about eighty acres lying in Sheffield and adjoining the homestead, which I purchased the Commonwealth. Also on tract or parcel of land lying on Mount Washington on the east line thereof, containing fifty acres and purchased of Ezekieh Lamdan and Minor Owen. To have and to hold to him the said Benjamin all the aforesaid tracts and parcels and all other real estate whereof I am owner not herein particularly specified to him, his heirs and assigns forever.

And I hereby appoint my aforesaid son Benjamin to be the executor of this my last will and testament. And it is my will that the said executor shall pay all my just and physicians bill and funeral charges, and also all the specific legacies before mentioned out of the personal property have devised unto him. And in testimony to this as my true will and last testament thereunto set my hand and seal this fourth day of July and in the year of our Lord one thousand eight hundred and thirteen.

(signed) Asa Sparks

Signed, sealed, published  & declared to be the testators last will and testament in presence and hearing of three witnesses, viz. Atwater Cook, Zacheus Cande, Wyllys Bartholomew

Pursuant to a warrant to us directed by the Hon. William Walker, Esq. Judge of the court of probate for the County of Berkshire .

We, the subscribers having been first sworn as the said warrant directs,, have appraised upon oath all the real estate whereof Asa Sparks late of Sheffield , deceased, testate died seized within this Commonwealth, as follows, viz:

Lot No. 1st being that farm of land called the homestead lying on both sides of the highway with the buildings thereon standing that is to say one newish dewlling house, one newish barn, one old do. one corn house containing one hundred and twentynine acres of land appraised in the whole at two thousand eight hundred and eighty six dollars.

Lot No. 2nd. called the Woodworth Lot which was owned in common by the said testator and Benjamin Sparks said testator's son which we have severed and divided to the said Benjamin we have set the house and one acre of land to the estate of the said testator that part of the lot lying south of said house and one acre of land, the lot belonging to the estate of the said testator contains eleven acres appraised at one hundred and ninety eight dollars.

Lot No. 3rd, being a piece of land adjoining the homestead at the southwest corner thereof containing nineteen acres and forty rods of land appraised at sixty eight dollars and fifty cents.

 Lot No. 4th, is a lot of land lying in the town of Mount Washington known by Lot No. 11 containing two hundred and forty acres of land appraised at six hundred seven dollars and fifty cents.

Lot No. 5th, is a lot of land lying in said town of Mount Washington known by Lot No. 10 containing one hundred and sixty acres of land and appraised at four hundred dollars amounting in the whole to four thousand one hundred and sixty dollars.

Hav ing done this we proceeded to set off to the children of Daniel Sparks late of said Sheffield deceased son of said testator as follows, viz: to Abigail Schutt, wife of Chester Schutt one forty eight part which is eighty six dollars and sixty six cents in lands. One piece of land off from the westerly part of the homestead described and bounded as follows, to wit: beginning at a heep of stones lying in the north line of the highway leading from said Sheffield to Mount Washington and on the west line of widow Hannah Austin's wood land from thence runing North 6deg 30" east750 links to a chestnut tree and stones then south 80 deg east to a heep of stones on said widow Austin's North line then North 14 deg east 20 chains to a heep of stones on the north line of the homestead then north 78 deg west 226 links to a heep of stones being the northeast corner bounds of land hereafter set to Mariah Sparks, then south 14 deg west 2350 llinks to a heep of stones in the north line of the above mentioned highway then along said ling of highway to the first bounds containing five acres and twenty rods of land at sixty five dollars and sixty seven cents. We also set to the said Abigail Schutt one more piece of land lying in the town of Mount Washington off from lot known by the name of Lot No. 10 at the north end of said lot described and bounded as follows to wit: beginning at the north east corner of said lot and southeast corner of lot No. 11 being a hemlock tree marked then along the south line of Lot No. 11 n. 83 deg 15" west 2460 links to a heep of stones which is the northwest corner of said lot No. 10 then along the west line of said Lot No. 10 south 2 deg west 205 links to a heep of stones then south 83 deg east 2460 links to a heep of stones then north 4 deg 30" east 205 links to the first bounds ontaining five acres of land set at twentyone dollars which makes her full share of said estate.

We set to Mariah Sparks one forty eight part of said testators estate in lands described and bounded as follows. To wit: the first piece is off from the westerly part of said testator's homestead beginning at the southwest corner of Abigail Schutt's share of the homestead a heep of stones in the north line of highway from thence runing north 14 deg east 2350 links to a heep of stones said Abigails northwest corner then north 78 deg west 280 links to a heep of stones then south 14 deg west 2250 links to a heep of stones in the north line of the aforementioned highway then along the said north line of highway to the first mentioned bounds containing six acres of land set at sixty five dollars and sixty seven cents. We also set to the said Mariah a piece of land off from the lot called lot No. 10 lying and being in the town of Mount Washington described and bounded as follows, to wit: beginning at a heep of stones being the southeast corner of land heretofore set to Abigail Schutt then North 83 deg 15" west in the line of said Abigail's land 2460 links to a heep of stones lying on the west line of said lot No 10 then south 2 deg west 205 links to a heep of stones then south 83 deg 15" east 2460 links to a heep of stones on the east line of said lot No. 10 then N. 4 deg 30" east 205 links to the first bounds containing five acres of land set at twenty one dollars which makes said Mariah's full share twenty one dollars. We set to the Angeline Sparks one forty eight part of said testators estate in lands described and bounded as follows, to wit: the first piece bgins at the southwest corner of land heretofore set to Mariah Sparks which corner is a heep of stones on the north line of the highway leading from Sheffield to Mount Washington from thence runing North 14 eg east 2150 links to the northwest corner of said Mariah's land and then North 78 deg west 308 links to a heep of stones on the town line between Sheffield and the Town of Mount Washington then south 14 deg west in said town line 2115 links to a heep of stones in the north line of said highway then along said highway to the first bounds containing six acres and eighty rods of land set at sixty five dollars and sixty seven cents. We set also to the said Angeline one other piece of land lying in the Town of Mount Washington described and bounded as follows, to wit: beginning at the southwest corner bounds of land heretofore set to Mariah Sparks being a heep of stones on the east line of Lot No. 10 from thence running North 83 deg 15" west 2460 links to a heep of stones said Mariah's southwest bounds then south 2 deg west 205 links to a heep of stones on the west line of said lot then south 83 deg 15" east 2460 links to a heep of stones on the east line of said lot then North 4 deg 30" east 205 links to the first bounds containing five acres of land set at twenty one dollars. Which makes said Angeline's full share of said testator's estate. The foregoing share set to the children and legal representatives of said Daniel Sparks deceased are set to them and to their heirs forever under the subjection of dower right to the said testator's widow Mrs. Abigail Sparks. We then proceeded to set off the children and legal representatives of Abigail deceased late wife of David Chapin late of Salisbury in the state of Connecticut deceased and daughter of said testator, to wit: to Martin C Chapin first to him and his heirs one twenty fourth part of said testator's estate in lands to be subject to the right of dower to the widow of said testator Mrs. Abigail Sparks described and bounded as follows, to wit: beginning at the southwest corner of that part of he homesead lying on the east side of the highway from thence runing south 83 deg east 650 links then south 7 deg west 85 links to the north west corner of widow Hannah Austin's land then along the north line of said widows land south 83 deg east 3330 links to a stake marked on the west bank of casnoph brook then along the west bank of said brook northerly one chain and sixty links to a stake marked then westerly to a heep of stones in the east line of highway then southerly in the line of highway 406 links to the first mentioned corner containing twelve acres and three rodes of land set at one hundred thirty dollars thirty five cents.One other piece of land set to the said Martin C lying in Mount Washington described and bounded as follows, to wit: beginning at the south east corner bounds of land heretofore set to Angeline Sparks in the east line of Lot No. 10 then north 83 deg 15" west 2460 links to a heep of stones in the west line of said lot No. 10 then south 83 deg 15 east 2360 links to a heep of stones on said east line then north 4 deg 30" east 457 links to the first mentioned corner contain eleven acres of land set at forty two dollars which makes said Martin C Chapin's full share of said estate. We then set to Abigail Chapin also twenty fourth part of said testator's estate in lands under the same incumberance as the foregoing share to the first piece of land begins at the northwest corner bounds of Martin C. Chapin said bounds is in the west line of that part of the homestead lying on the east side of the highway from thence easterly along the north line of said Martin's land to the brook then along the west bank of the brook 2 chains to a stake marked, then N 75 deg west 3860 links to the aforesaid highway then along the east line of said highway southerly 370 links to the first mentioned bounds containing eleven acres and twenty one rods of land set at one hundred thirty one dollars thirty five cents, also aone other piece of land lying in the Town of Mount Washington described and bounded as follows, to wit: beginning at the southeast corner of land we have set to Martin C Chapin then North 83 deg 15" west 2460 links to a heep of stones, the southwest corner of said Martin C.'s then south 2 deg west 504 to a heep of stones on the west line of lot No. 10 then south 81 deg 03" east 2460 links to a heep of stones, then north 4 deg 30 east 6 chains to the first mentioned bounds containing thirteen acres of land set at forty two dollars which makes the said Abigail Chapin's full share of said testator's estate.

Given under our hands this 7th day of June 1820

John Wars, Mr Andrews, Jesse Coe