Francis Whipple was a great grandson of Matthew Whipple, Jr. He represented Westborough in Worcester Co., Massachusetts for eight terms in the Great and General Court.
In the name of God Amen. This fifteenth day of February Anon Domini One Thousand Seven hundred and Eighty Three, I Francis Whipple of New Braintree in the County of Worcester and Commonwealth of the Massachusetts, Esquire, being of advanced age but through the goodness of God of perfect mind and memory, thanks be given to God therefore But calling to mind the mortality of my body and knowing it is appointed for all men once to die do make and ordain this my last Will and testament that is to say principally and first of all, I give and recommend my Soul into the hands of God that gave it and my Body I recommend to the Earth to be buried in Christian burial at the discretion of my Executor nothing doubting but at the general resurrection I shall relive the same again by the mighty power of God as touching that worldly estate where with it has pleased God to bless me within this life. I give, demise and dispose of the same in the following manner and form.
My Will is and I order my Just Debts be paid out of my Estate by my Executor hereafter named.
Item. I give and bequeath unto Abigail my beloved wife in lieu of her Right of Dower all my indoor movables of all sorts to dispose of as she shall think proper. Further my Will is and I also order that my said wife shall have the use and improvement of my Dwelling House, the whole of it, and the free use of the Well. Furthermore, I give to my said wife the use and income of two cows such as she shall choose which shall be kept summer and winter well without any charge to her as also the use of my horse and Chais ready tackled at the door when ever she shall have occasion to ride. The house, the horse and Chais and cows, at my wife’s decease, or if she shall marry again, I give to my son Francis Whipple. Furthermore, I order and my Will is that my said wife shall have the following articles delivered to her free from all charges yearly and every year during the time she shall remain my widow (VIZ) one bushel of good malt, five bushels of Indian corn, four bushels of rye, one bushel of wheat, one hundred weight of good pork, sixty weight of good beef, ten pounds of good flax, well dressed from swingle, eight pounds of good sheep wool, half a bushel of salt, one barrel of cider, and also what fire wood she shall have occasion to use ready cut fit for the fire and delivered at the door and a due proportion of all sorts of [lace ?] as she shall need for her own use and what apples she shall have occasion to use. And if my said wife shall not dispose of the indoor movables in her lifetime, which I fully empower her to do, then my Will is that what remains of them that she hath not disposed of at her decease shall be equally divided between my two Daughters or their heirs, namely Elizabeth and Mary and my two Grand Daughters Lucy Livermor and Abigail Warrin.
Item. I give and bequeath unto my son Benjamin Whipple and to his heirs the sum of Six Pounds lawful money to be paid in one year after my decease by my Executor.
Item. I give and bequeath unto my son Thomas Whipple and to his heirs the sum of Six Pounds lawful money to be paid in two years after my decease by my Executor.
Item. I give and bequeath to the heirs of my late Son Abner Whipple, deceased, the sum of Six Pounds to be paid in three years after my decease which I divide as followeth: Namely Abner to have Three Pounds, Sibbel, Mary, and Daniel Twenty Shillings each. The above sums which I have ordered to be paid to my above named Sons and their heirs together with what they have already had, I esteem their full share out of my estate.
Item. I give to the heirs of my late Daughter Lucy Maynard, deceased, the sum of Five Shillings and no more for their late mother hath her full share of my Estate.
Item. I give to my Grand Daughter Abigail Warrin Five Shillings and no more for her late mother Abigail Warrin, deceased, hath had her full share out of my Estate.
Item. I give to my Daughter Elizabeth Five Shillings and no more, she having had her share out of my Estate.
Item. I give and bequeath to my Son Francis Whipple and to his heirs and assigns for Ever all my Lands and Buildings that I own and possessed of in the Town of New Braintree together with all my Live Stock or Notes I have at my decease. These Lands and Buildings and Stock and Money I give to him, my said Son, upon the following conditions: Namely, that he or his heirs promise and deliver to my before named Wife, who is his Mother, the several articles before named in this Will during the term therein mentioned free from all charge and if they are not sufficient for her support then to provide all things necessary for her support in sickness and health and a decent burial when she shall decease this life. And that he pay all my just Debts and that he or his heirs pay the several sums which I have ordered to be paid in the Will to my other Children and Grand Children and by his filling these conditions, the above said Buildings and Lands with the other things mentioned are confirmed to him and his heirs and assigns for Ever.
Item. My Will is that my wearing apparel be equally divided between my Sons – Benjamin, Thomas, Francis and my Grand Son Abner.
Item. I constitute, appoint, make and ordain my trusty and well beloved Son Francis Whipple my sole Executor of this my Last Will and Testament. And I do hereby utterly disallow, revoke, and disannul all and every other Will and Testament and bequest and Executor by me made, ratifying and confirming this and no other to be my Last Will and Testament. And in witness whereof I have hereunto set my Hand and Seal the Day and Year above written.
/s/ Francis Whipple
Signed, Sealed, Published, Pronounced and Declared by the said Francis Whipple as his Last Will and Testament in presence of us the subscribers.
/s/ Robert Willson /s/ Joseph Willson /s/ Samuel Willson
On 7 Aug. 1787, Francis Jr., and Robert and Joseph Willson put up a £3,000 bond to Probate Judge Joseph Dorr to insure that Francis, as Estate Executor, would pay his father’s debts and legacies according “to the true interest and meaning of his will and the law”. When he performed accordingly, the bond obligation would be voided. All three were identified as yeomen. Francis Jr. and Robert were identified as being from New Braintree, Joseph from Oakham.
ADMINISTRATION OF THE ESTATE OF ABIGAIL (LAMSON) WHIPPLE
Wife of Francis Whipple
Abigail died in New Braintree Dec. 22, 1799 and Francis, Jr. was appointed Administrator of her estate on January 7, 1800. On the same day, Worcester county Probate Judge Joseph Dorr appointed Benjamin Joslyn and Joseph Bowman, esquires, and David Nichols, gentleman, appraisers of her estate. Francis was obliged to give public notice of his appointment which was published in The Massachusetts Spy, printed in Worcester, on January 22 and February 12, 1800. The notice asked persons indebted to the estate to make immediate payment and requested those owed by the estate to make demand for payment. The bond of $10,000 and was posted by Francis and Edwards Whipple and Joseph Willson, all of New Braintree.
The personal property appraisal was completed January 10 and amounted to $53.07: The inventory included $25.00 in wearing apparel; $2.00 for 12 napkins; .92 for a tablecloth; $4.88 for miscellaneous blankets; $10.50 for 12 sheets; $2.83 for 14 pillow cases; $4.00 for 1 coverlet; $2.12 for 1 bed tick; and .82 in cash. Francis’ cost to administer the estate was $17.95, of which $2.67 was paid to the appraisers, $1.40 to The Massachusetts Spy. and Court costs of $1.31. The balance was $35.12: $1.58 paid to Silas Stone for Silas Potter with the remaining funds of $33.54 paid in equal shares to the eight children of the deceased ($4.19 each) or to their legal representatives on 28 Oct. 1800.
There is no record of real estate or widow’s dower or tax stamps due because in lieu of her rights of dower, Abigail received “all his indoor movables of all sorts” when Francis’ will was probated.