Will And Testament Massachusetts: Fill & Download for Free

Surprisingly, yes. While researching my paternal grandmother’s line of my family tree I came across this in the last will and testament of my 7x great grandfather:This is part of the bequest of Captain Adam Cushing to his widow:…also two Cows & my Horse and the keeping of them, with the Chair and Tackling, Also Six Sheep kept as the Other Creatures, Winter and Summer, & Suitable Barn Room for then all; Moreover one of the Swine, and all the Fowls of every Kind, all to be at her Dispose for Ever. Further, I give to my said Wife the use of my two Negros, so long as she remains my Widow…What was surprising is this was in Massachusetts, in Weymouth in 1752.We often think of slavery as something that only happened “down south” and forget that in colonial times it occurred in New England as well. Perhaps this is because slavery ended so peacefully in New England, without a war and millions dead. There are no battlefields, no statues of generals, no stirring speeches, no patriotic songs about the end of slavery here. It is almost like it never existed. Honestly, I cannot recall how or when exactly slavery ended in Massachusetts. Maybe it just withered away on its own.(In case anyone notices this as well, it appears that Cushing did not outright give the slaves to his widow, but only gives her their “use” during her widowhood. I’m not sure what would have happened to them on her death or remarriage. The will does not give explicit ownership of them to any of his children, nor does it emancipate them. But it does have a generic clause at the end that divides the “remainder” of the estate equally among his children. It was a common thing at the time to give the widow 1/3 of the estate and and use for life (or until remarried) of the home.)

I’d recommend, “Sarah called regarding her grandfather John’s will.” She could have two grandfathers, so “John” is restrictive, without commas, rather than appositive.Sarah has only one home state, so we’d say, “Sarah called regarding requirements in her home state, Kansas, for valid execution of a a will.” “Kansas” is appositive, so we need commas.Current practice among US lawyers and courts is not to capitalize “will,” in the sense of what was once called one’s Last Will and Testament. If you were writing a biography of the late Phineas J. Gotrocks, you would say, “Interestingly, Mr. Gotrocks provided in his will that (so-and-so)…” (The footnote in your scholarly article would still have to say something like, “Last Will and Testament of Phineas J. Gotrocks (Probate Records, File 2005–198, Essex County, Massachusetts).”

Can beneficiary witness a will?In Massachusetts, yes. Nevertheless, it is not recommended for a variety of reasons that could lead to the will being contested.In Massachusetts, any person of sufficient understanding shall be deemed competent to be a witness to a Will. Generally, it is recommended that the witnesses to the Will be “disinterested”, which means that they are not a beneficiary of the Will. In Massachusetts, a Will is not invalid because the Will is signed by an interested witness but any gift to a witness or their spouse is void. (See: Section 191–2)Basic Requirements for a Last Will and Testament in MassachusettsSOURCE: The Common Law Elements of the Wills Act FormalitiesMost states require that witnesses be "disinterested"—in other words, that they not stand to inherit under the terms of the will. A beneficiary's spouse may also be disqualified from serving as a witness. If a beneficiary does serve as a witness, the will's gift to that person could be declared void by a court.The Witness Requirement to Execute a Will - AllLaw.com