• "Probate Records: Joseph Bennett, 1819" (Connecticut, Wills and Probate Records, 1609-1999).

• Category: Transcript

• Publisher: Connecticut, Wills and Probate Records, 1609-1999

At a Court of Probate held at Fairfield Novemnber the 29th 1819
The original of the foregoing Will having formerly been known was approved and ordered to be recorded

David Will Judge

At a Court of Probate held at Fairfield November the 29th 1819
Personally appreared Joseph Sherwood Bennet Thomas Burr Bennet and Stephen Bennet, Executors of the last Will and Testament of Joseph Bennett dec, annexed the [] [] in their own Hands for a faithful discharge of their duty accordig to Law.

At a Court of Probate held at Fairfield November the 29th 1819
This Court limits and appoints six months from the date hereof for the creditors to the Estate of Joseph Bennet late of said Fairfield decd to exhibit their claims against said Estate and the Executors of the last Will and Testament of said dcd are hereby ordered & give the same in the Paper [] pf Norwalk and by posting it in same sign Post in the [] of Fairfield according to Law.

David Will Judge

Inventory of the Estate of Capt Joseph Bennet late of Fairfield decd taken by the subscribers (under oath) begun December the 7th 1819

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Amount of Personal Estate $1077.82

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Amount of Real Estate $72?6.96

Total amount of Real and Personal Estate $8284.72

Fairfield Deceber the 27th 1819

Seth Taylor }[] [] } Approved under oath

At a Court of Probate held at Fairfield January the 10th 1820
The Original of the foregoing inventory being presented was accepted and approved by the Court after the usual oaths were administered to the Executors

David Will Judge

At a Court of Probate held at Fairfield within and for the District of Fairfield January the 10th 1820

This court orders the real Estate of Joseph Bennet late of said District decd to be aprted and distributed to and among the Devises of said deceased according to the provisions of his last Will and Testament

Therefore this Court devises, appoints and empowers Seth Taylor of Norwalk and Aaron Sherwood and Zalmon Burr of Fairfield Freeholders to make Distribution thereof accoundingly

Daniel Will Judge

• Text: In the name of God Amen
  I Joseph Bennett of the Town and County of Fairfield being by the goodness of almighty God of a sound and disposing mind and memory in [] of the uncertainty of Life, Do make this my last will and Testament in manner and for following. that is to say -- After my just Debts and funeral expenses are paid by my Executors hereinafter named, which debts shall not be paid out of the property herein first and []fully devise to my thee sons, if then is sufficient property without
  
  First, I give, devise and bequeath to my three sons, Joseph Sherwood, Thomas Burr and Stephen three picies of land, three pieces of land [sic] one containing twelve acres, and is bounded easterly on highway, southerly on Benjamin Allen, Westerly on Benjamin Allen and Northerly on my own land called the long lot, one other piece containing twelve acres on the east side of the highway, bounded notherly on William Bennett, Easterly on Thomas Will & South on my own land, westerly on highway, one other piece on the north of my Homestead, bounded east on highway, runing south on the Boldon lot as the fence now runs, runing westerly on said line through the March to the channel of Saugatuc River, Notherly on William Bennett, and westerly on the channel of Saugatuc River all within said Boundaries, be the same mor or less with the Buildings standing thereon - to have and to hold to them and their Heirs forever share and share alike in said ascribed parcels of land, only reserving to my well beloved wife the use and improvement of one third part of my dwelling house to be selected by herself, one half of the barn the west part, one half the barn yard, the yard front of the House, half the wood yeard & garden, and one third of all the other out Houses, one half of the fruit garden, that part adjoining the House, these rights and privaledges our reserved to my wife out of the third piece given to my three sons as aforesaid and to be and belong to my said wife while she remains my Widow and no longer.
  
  Also I give and bequeath to my aforesaid sons Joseph Thomas & Stephen all the land which I own in the Town of [Sh?]ipley in the State of Ohio, it being a lot containing two hundred and fifty five acres, adjoining a lot now supposed to be owned by a Mr Ely in this Town, to have and to hold to them my said sons and their Heirs forever
  
  Also, I give devise and bequeath unto my children viz the children of Sarah deceased late wife of Joseph Brush, Rhoda widow of Robert Taylor decd, the children of Lydia late wife of Thomas Lockwood, my daughter Charity wife of Daniel Judah, Priscilla wife of Isaac Sears, Martha wife of Samuel Sears, Anna wife of Jabez Adams, Nabley wife of Zalmon Hanford, and my sons Joseph Sherwood, Thomas Burr and Stephen, all the rest [] residue of my homestead which his on the west side of the highway and is bounded East on highway, North and South on land hereafter in this Will given to my said sons, west on Saugatuc River, to have and to hold to them and their Heirs forever, the children of my said decd Daughters, Sarah and Lydia to st[] in the share of their mother, and the children of Sarah to take a share equal to one of my aforesaid Daughters that is now living and no more, and in stim[]ting what []ath ini shall have the following advancements, one to be deducted, to wit, from the part which belongs to Sarah's Children the sum of $50 from that part which belongs to Lydia's children, the sum of $200, from that part which belongs to Charity the sum of $1000, only reserving to my well beloved wife the use and improvement of the same so long as she remains my widow, with the privaledge of taking thereupon [] fire wood and fencing stuff, timber for fencing what is []. but for no other purpose devising my wife to give my said sons the privaledge of tilling said land in ignorance to strangers.
  
  Also I give devise and bequeath unto my said Daughters Rhonda Charity Priscilla Martha Ann Nably and the children of Sarah and Lydia deceased the children of each deceased Daughter to share the same as a living Daughter a certain piece of land on the east side of Campo highway bounded notherly on the twelve acres hereafter in this Will given to my sons, easterly on Mamas Hill, Southerly on Sherwood Bennett, Stephen Bennet, & Isaac Bennett, westerly on highway to have and to hold to them ands their Heirs forever, only reserving to my wife the use and improvement of the same so long as she remains my widow and no longer, my wife shall have the prevaledge of cutting for her fire and fence wood and timber, but shall not cut wood or timeber for any other purpose.
  
  Also I give and bequeath to well beloved wife one cow, one bed & bedding, twelve pair of linen sheets and two pair of woolen sheets, all the table linen which she had when I married her if found, and one third part of all the rest and residue of my personal Estate of whatever kind and nature including my stock in the Connecticut Turnpike Company, she has forever, except my carriage and harness which my said wife may use so long as she remains my widow, and when she no longer remains my widow, said carriage and harness shall go and belong to to my grandson William Bennett son of Joseph Sherwood Bennett, and the other two thirds of all my personal Estate of whatever kind and nature including said turnpike stock shall be and belong to all my children equally, the children of my deceased Daughters that is of each deceased Daughter to have a share equal to one of my children in the personal Estate here devised, not including said carriage and harness which shall go to aforesaid.
  
  And whereas I have given Samuel Mccher a warrantee Deed of a piece of land in Campo highway in Smiths long lot so call'd, whichbelonged to the children of my first wife, and whereas they gave me a Quit claim Deed of said Land before I conveyed the same to said Mccher and said Quit claim was not recorded and is supposed[?] to the lost, now if any of said children or the widow of there daughters who are dead shall commence a suit for said land or offer a claim to the same as heir to their mother decd thay and each of them so claiming by suit shall forfeit all claims they may have to any part of my property under this Will, and they and each of them shall go and belong to my other children equally, and if any of my children or grandchildren shall claim of any Executors out of my Estate any Debt or damages whatever as being due from me to them at my decease, he she or they by bringing in such claim against my Estate shall be thereby forever de[]and from receiving any thing under this Will and shall have no part of my Estate in any way or manner.
  
  And I do make ordain constitute and appoint my well beloved sons Joseph Sherwood Bennett, and Thomas Burr Bennett and Stephen Bennett Executors of this my last Will and Testament and I do hereby revoke all former wills made by me and establish this to be my last will and Teastament.
  
  Joseph Bennet [transcript]
  
  Signed sealed subscribed and ordained to be the last will and Testament of Joseph Bennet in presence of us the witnesses hereunto subscribing our names in the presence of the Testator this 21st day of June 1819
  
  William Bennet
  Sears Nash
  Ozias M Bennet
  
  Fairfield County SS Fairfield June 21st 1819
  
  Personally appeared William Bennet Sears Nash and Ozias Marion Bennet and made solemn oath that they saw the within named Joseph Bennett the Testator sign the foregoing will and heard him declare the same to be his last will and Testament that they signed the same as witnesses in the presence of the Testator and in the presence of each other and that they judged the Testator to be of sound disposing mind and memory before me
  
  Zaplet [] Just of Peace