James D Hale, a husbandman (farmer), most likely knew he was ill as he finalized his last will and testament in Sept 27, 1845 and died Oct 24, 1845 leaving 1/2 his estate in Conway and Albany to his wife, Mary L Shackford until her death and the other 1/2 to his grandsons Onslow and Charles. He also left his grandsons 1/2 of his homestead farm and his rights to a parsonage lot in Strafford all to be kept by his executor Samuel B Shackford until they reached the age of 21. He left his wife his furniture and personal property until her death, then left those items to his granddaughter Martha along with rights to land in the Hales location in Coos County. He also left $30 to his niece Sarah E Hale. (We're not yet sure which of his brothers she descended from.)
James gave detailed descriptions of the distribution of his estate if any of the grandchildren were to die before reaching the age of 21 or before they had heirs. Unfortunately these were exercised as Onslow died of lung fever at the age of 13 which then left a much larger estate for his brother Charles B Shackford.
The will of James D Hale
& state of New Hampshire husbandman do make & publish
this my last will & testament in the manner following.
First I give & devise to my wife Mary L Hale the one half
of all the real estate I own in the town of Conway & Albany, in
said county of Carroll being my homestead farm on
which I now live including in said farm so much of the
farm recently owned by Dr Thomas Sparkhawk as his east of the
Saco River to have & to hold to my dearest wife Mary L Hale & her
assigns for & during the term of her natural life without impe
achment of wast & from & immediately after her decease I give
& devise the same in equal shares unto my two grandsons Ons-
low J H Shackford & Charles B Shackford & their heirs & assi
gns forever. Also I give to my said wife Mary L Hale 2 pro
missary notes I hold against Nathl H Knox for twenty dol
lars each dated June 22-1844 Also a note I hold against
Samuel Knox Jr for one hundred dollars & interest annu-
ally dated January 4, 1844 & also one hundred & seventy eight
dollars with interest from date hereof said notes &
money to be for her sole use & benefit forever. Also I give to
my said wife Mary L Hale for & during her natural life
the use of all my household furniture of ever description
& after her decease to remain to my granddaughter Martha
S. H. Shackford. Also I give to my said wife Mary during her
natureal life the one half of all my personal property of ev-
ery description not heretofore devised after paying my just
debts & expenses of administration & from & after her decease
to remain unto my said granddaughter Martha S H Shack-
ford.
Also I give & devise to my two grandsons Onslow J H
Shackford & Charles B Shackford the one half of all my
rights & interest in my said homestead farm before des-
cribed to be kept by my executor until they each arrive
to the age of twenty one for their sole use & bene
ft & from & after the decease of my said wife Mary S Hale to
have & hold in equal shares all the right & interest I
have in said real estate. Also I give & devise to my said
two grandsons Onslow & Charles in equal shares all the
right & interest I have in the parsonage lot (so called)
situated in the town of Strafford County of Strafford &
state aforesaid
Also I give and devise unto my niece Sarah E Hale thirty
dollars to be paid her by my executor when she shall arrive
to the age of eighteen years provided she lives with me or my
said wife Mary until she arrives to the age of eighteen years
with interest from & after my decease.
Also I give, bequeath & devise to my granddaughter Martha
S H Shackford all my personal property of every dis
cription not before devised after paying my just
debts & expenses of administration Also I give & devise
to my said granddaughter Martha S H Shackford all
the right & interest I own in Hales location (so called) in
the County of Coos to have & to hold the same to her the said
M. S. H. Shackford her heirs & assigns forever.
Also I hereby provide that in case either of my said two
grandsons Onslow J H Shackford or Charles B Shackford
should die before marriage & heirs in the describing line
then I give & devise the share of heirs so dying to the
survivor of them in case of the death of both of said
grandsons before they have heirs in the descending line
as aforesaid I give & devise the whole of siad two gra
ndsons shares to my said granddaughter Martha S H
Shackford & I hereby provide in case my said grand
daughter Martha S H Shackford should die before
marriage & heirs in the descending line I give & devise
her said share unto the said two grandsons Onslow
& Charles equally & in case of the death of either of them
I give & devise the same to the survivor of them
Also I will & ordain that the executor of this my last
will & testament for & to ??? the performance of this my
said testament shall with all convenment speed (if he
deem expediant) after my decease bargain, sell & alien
in fee simple all my right & interest in the land sit-
uated in the County of Coos called Hales location, toghter
with my right & interest in the parsonage lot (so called)
situated in the town of Strafford County of Strafford &
apply the proceeds of said sales to the use of said grandsons &
granddaughter in shares as devised & for the doeing
executing, & perfect finishing, whereof I do by these
presents give to my said executor full power & auth
ority to grant aliens bargain sell, convey & assure all
the said land I won in said location & all the said lands
I own in said Parsonage lot in said Strafford to any pers
on or persons & their heirs forever in fee simple by all &
every such lawful ways & means in the law as to my
said executor or his council shall seem necessary,
And I do hereby constitute & appoint my
son in law Samuel B Shackford sole ex
ecutor of this my last will & testament
In witness whereof I have hereunto set my hand
& seal this twentyseventh day of September 1845
Signed, Sealed, published &
declared by the above mentioned
James D Hale as & for his last
will & testament in the presence
of us who at his request in his
presence & in presence of each
other have subscribed our
names as witnesses thereto James D Hale
A B Leighton
Geo?? W Hale
L E Blake
SOURCES
"DIED.," Dover Gazette & Strafford Advertiser (Dover, New Hampshire), 17 April 1858; digital image, Godfred Memorial (http://godfred.org : accessed 27 August 2013), 19th Century U. S. Newspapers
New Hampshire, County Probate Estate Files, Estate of Onslow J. H. Chas B Shackford & Martha S H Shackford Minors, Case 4568; "New Hampshire, County Probate Estate Files, 1769-1936," digital images, Family Search (http://www.familysearch.org: accessed 8 September 2014); >Carroll>Case no 4506-4594 1840-1920>Image 1005-1009 of 1628
New Hampshire, County Probate Estate Files, James D Hale Case 2214; "New Hampshire, County Probate Estate Files, 1769-1936," digital images, Family Search (http://www.familysearch.org: accessed 7 September 2014); >Carroll>Case no 2206-2306 1840-1920>Image 149 to 161 of 1719 images