If, after the conversion of the residue of my estate into money, and the payment of all my debts, and the distribution and payment of all the bequests in this my Will, contained in accordance with the foregoing dispositions, any residue should remain, it is my will that the amount of said residue be distributed among the children and grandchildren of my brother Isaac Appleton, and among the children of my late brother Doctor Moses Appleton, and among the children of my deceased brother Eben Appleton, and among the children of my brother Nathan Appleton, and among the children of my sister Mary Barrett, and of my deceased sister Emily Jewett, hereinbefore named, in proportions corresponding to the amounts or sums which said heirs are respectively ent.i.tled to receive by virtue of the original dispositions in this my Will.

[Sidenote: No legacy to lapse by death of legatee.]

If any of the legatees named in this Will should die in my lifetime, then and in that case, whatever is herein given to such legatee I give to and among those who at my decease may be heirs-at-law of such legatee by the Statute of Distributions of this Commonwealth, as to any real estate of which said legatee should then have died seized.

[Sidenote: Liability of Executors.]

I direct that my executors shall each be liable only for his own actual receipts and his own wilful defaults, and not the one for the other or others.

[Sidenote: Executors named.]

I appoint Nathan Appleton, William Appleton, Nathaniel Ingersoll Bowditch, and Isaac Appleton Jewett, to be the executors of this my last Will and Testament, hereby revoking all Wills by me heretofore made.

In witness whereof, I have hereunto set my hand and seal on this twenty-eighth day of February, in the year of our Lord one thousand eight hundred and fifty-one.

(Signed) SAML. APPLETON [AND A SEAL].

Signed, sealed, published, and declared by said Testator to be his last Will and Testament, in presence of us, who, at his request, and in his presence, and in presence of each other, have hereunto set our names as witnesses.

JOSEPH TILDEN.

MOSES L. HALE.

FRANKLIN H. STORY.

FOOTNOTES:

[3] One of these children died before the Testator. The father, as his heir, is ent.i.tled to his share, by a subsequent provision of the Will.

CODICIL.

I, SAMUEL APPLETON, of Boston, in the County of Suffolk, and State of Ma.s.sachusetts, merchant, having further considered my last Will and Testament, bearing date the twenty-eighth day of February, in the year of our Lord one thousand eight hundred and fifty-one, do think proper to make and publish the following as a Codicil thereunto.

[Sidenote: Revokes a clause of the Will;]

I do hereby revoke and cancel that clause in said last Will and Testament, giving unto my beloved wife "any of the plate and furniture belonging to me at the time of my decease, at the appraised value thereof, to the amount of eight thousand dollars;" and in lieu thereof I do make the following dispositions:--

[Sidenote: And gives to widow his mansion-house, 37, Beacon-street,]

I give and devise unto my beloved wife the dwelling-house, with the stables, lands, and appurtenances thereunto belonging, now occupied by me, being the dwelling-house numbered thirty-seven in Beacon-street, Boston, to have and to hold the same to her, her heirs and a.s.signs for ever.

[Sidenote: And all the plate, &c. therein.]

And I do also give and bequeath unto my beloved wife all the plate, furniture, pictures, statuary, books, stores, and other household articles, belonging to me at the time of my decease; and it is my wish that no inventory be taken of the same.

[Sidenote: Legatees may take property at apprais.e.m.e.nt, &c.]

And it is also my wish that each and every of the legatees, in said last Will and Testament named, may, with the advice and consent of my executors, take, in lieu of the money to which they are ent.i.tled by said last Will and Testament, any of the property, left by me at the time of my decease, at the appraised value thereof.

[Sidenote: Bonds of Executors to be only in a penalty adequate to protect creditors.]

And I do also direct that the executors of my said last Will and Testament shall give bonds in such sum only as the Judge of Probate may consider sufficient for the payment of the amount of my debts.

In witness whereof, I have hereto set my hand and seal, this eighth day of October, in the year of our Lord one thousand eight hundred and fifty-two.

(Signed) SAML. APPLETON [AND A SEAL].

Signed, sealed, published, and declared by said Testator to be a Codicil to his last Will and Testament, in presence of us, who, at his request, and in his presence, and in presence of each other, hereto set our names as witnesses.

JOSEPH TILDEN.

FRANKLIN H. STORY.

FRANCIS C. LOWELL.