Maine wills. 1640-1760, Vol. I, Part 1

Author: Sargent, William M. (William Mitchell), 1848-1891. cn; Maine Historical Society; York County (Me.). Court of Probate
Publication date: 1887
Publisher: Portland [Me.] Brown, Thurston & company
Number of Pages: 982


USA > Maine > Maine wills. 1640-1760, Vol. I > Part 1


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org.


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33



Gc 974.1 Sa 7ma v.1 1598062


M. L. 1


REYNOLDS HISTORICAL GENEALOGY COLLECTION


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ALLEN COUNTY PUBLIC LIBRARY 3 1833 01396 0395


Digitized by the Internet Archive in 2014


https://archive.org/details/mainewills16401701sarg


MAINE


WILLS.


1640-1760.


Vol. 1 ---


COMPILED AND EDITED WITH NOTES


WILLIAM M. SARGENT, A. M., OF THE CUMBERLAND BAR, MEMBER OF THE MAINE HISTORICAL SOCIETY, OF THE MAINE GENEALOGICAL SOCIETY, AND OF THE GORGES' SOCIETY. 1


PORTLAND : BROWN THURSTON & COMPANY. 1987.


-


5


1598062


CONTENTS.


PREFACE .


Pages i - vii


JUDGES OF PROBATE 1640-1760


is


REGISTERS OF PROBATE 1640-1760 ix


EXPLANATION OF CONTRACTIONS


OFFICIAL CERTIFICATES


ERRATA .


xi - xii


MAINE WILLS 1640-1760


1 - 824


INDEX,


Testators. Pages 827- 901


Other Persons


902 -- 942


Places 943 -- 951


Miscellaneous


952 -- 953


VI


PREFACE.


The addition of the notes in fine type, giving such dates, names of the appraisers of estates and of persons indebted, and whatever cognate information was disclosed by careful examination of the records of probating, is believed to be one that will readily com- mend itself.


Until 1687, the recorder of the Province exercised also the functions of a register of probate and of a register of deeds, and recorded the wills apparently indiscriminately in the seven books in the Court records, marked only by letters, or in the four vol- umes in the Registry of Deeds cited in the following pages.


But this apparent lack of system may be explained in part by the known facts that some of these books of record were removed from the County for safe keeping during the Indian wars; and that what is now numbered one, as the first book in the Probate Office, was probably opened in Boston under Governors Dudley and Andros, when they caused all probate affairs to be there transacted, and was for some years detained there; and that dur- ing these interrupted periods the recorder for the time being would enter of record such wills as were presented, into such of the books as he had by him, or even upon the blotters mentioned below.


Note, in this connection, the gap of seven years between the times of the recording on pages 107 and 108 post.


Note also that volume 5, in the Registry of Deeds, was origi- nally a book of Court records, and has been transferred to the Deeds office within the past generation.


Note also that the wills cited as from "Probate Records 0," etc. etc., printed at pages 36-43, post, occur in separate folios, of different sizes, that were originally kept as blotter memoranda, or peripatetic records, and were doubtless intended to be copied at length into the bound volume now numbered 6 in the Clerk's office, which may have then been in Boston. A careful compar- ison of their contents and of their folio numbers, proved, after these pages had been printed, that they are a continuation of said Book 6 of the Court records and that they supply the gap therein existing from folios 40 to 120. They have been long missing, but their discovery in a drawer in the Registry of Deeds office (where they certainly do not belong) has supplied to this volume six wills that it was feared had been lost.


VII


PREFACE.


Under Gorges' instructions, probate jurisdiction was among the prerogatives delegated to his deputy governor and councilors, and they constituted themselves a supreme Court of Probate, exercis- ing all the powers of the ordinary in the ecclesiastical courts of England. This practice was continued by the justices appointed by the younger Gorges, and by the justices appointed by the royal commissioners. It was so nearly analagous to the exercise of like jurisdiction by the Massachusetts governor and assistants, that upon the usurpation by Massachusetts of the Province in 1652, and even after their purchase of the Gorges claim in 1677, no change was deemed advisable, and estates continued to be administered by authority from local magistrates, except after the revocation of the Massachusetts charter, when Governors Dudley and Andros interrupted it, as above pointed out.


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By successive legislative acts of May 27, 1685, Oct. 14, 1635 and Feb. 16. 1686, the Massachusetts General Court constituted County Courts courts of probate, with " full power and authority as the ordinary in England," but not until Sept. 24, 1687 did York County set apart the set of records since separately kept in the Probate Office and numbered consecutively from 1 down, as cited in the following pages.


It is hoped that the table of Errata, which is conscientionsly printed in full, will not be found unreasonably large when allow- ance is made for the difficulty of detecting slight errors in an undertaking of such magnitude as the preparation of this volume has proven.


Wu. M. SARGENT.


PROBATE OFFICERS.


JUDGES.


1640-1687, The chief executive of the Province, whether gov- ernor, deputy-governor, pres- ident or deputy-president, or chief justice, with his council- ors, assistants or associates, exercised all the powers of the ordinary in England, and constituted a supreme Court of Probate.


REGISTERS.


1640-1645, Roger Garde.


1645-1646, William Waldron.


1646-1651, Basil Parker. 1651-1686, Edward Rishworth.


1687-1693, Joshua Scottow. 1693-1695, Francis Hooke.


1687-1693, Thomas Scottow. 1603-1695, John Wincoll.


1695-1700, Samuel Wheelwright. 1605-1700, Joseph Hammond. 1700-1710, Joseph Hammond. 1700-1724, Charles Frost. 1710-1715, Ichabod Plaisted. 1716-1745, John Wheelwright. 1745-1760, Jeremiah Moulton.


1725-1733, Charles Frost, jr. 1733-1744, Robt. Elliot Gerrish. 1744-1760, Simon Frost.


CONTRACTIONS.


1. Part of a word is left unwritten and the omission is indi- cated by a double point instead of the single point now used.


2. Small letters, called by printers " superior " letters, written above the line, show that part of the word is left out.


3. The sign ^, written over a letter, represents er or re fol- lowing,


4. The mark ~. drawn above or through a letter, shows that one or more letters and even syllables are omitted, usually after it.


5. A straight line over a letter indicates the omission of a fol- lowing m or n.


6. The Latin words per, pro, et and que are represented by the characters p. p, &, and g. Per and pro occur constantly in English words derived from Latin.


7. The Anglo Saxon character for the sound of th in this is constantly represented by y, and the character for the sound of th in worth is sometimes represented by g.


OFFICIAL CERTIFICATES.


State of Maine.


COUNTY OF YORK, SS :


CLERK'S OFFICE OF THE SUPREME JUDICIAL COURT.


This is to certify that the Wills in the printed pages fol- lowing numbered 1 to 43, inclusive, are true copies from the an- cient Court Records of Maine, in my care and custody.


2


· Attest :


Dames 6. April Clerk [L.s.]


State of Maine.


COUNTY OF YORK, SS :


REGISTRY OF DEEDS.


This may certify that the Wills printed in the pages fol- lowing numbered 43 to 101, inclusive, are true copies from the Records of this office, except errors noted in the Table of Errata' Attest :


Justin m. a cant


Register of Deeds for York County.


State of Maine.


COUNTY OF YORK. SS :


PROBATE OFFICE.


This shall certify that the Wills as printed in the following pages numbered 102 to 894, are true copies from the Records of Wills in this office, except errors noted in the Table of Errata,


Attest :


Frank Wilson [L.s.]


Register.


ERRATA.


Page 56 9 line from bottom insert &


9 line


wife


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29


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86


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against


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I


14


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before


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Marsh


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this


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the


then


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after


Said


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256 5 line


insert thar is


after


linnen


285 2 line fine type


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read


Coopper


283 @ line


atter


insert


323 last line


Elisebeth


66


363 7 lize from bottom


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my


370 7 line


for


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397 10 line from bottom after


mind


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420 5 line from bottom for


O.S


read and


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after


agree


insert


concerning


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44


of


476 10 line


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best


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insert


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516 16 line


for


whatsoever


read


whatever


524 15 line


after


gine


525 24 line


living


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529 11 line


for


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any Books


533 17 line


insert


pronounced


before read


and


545 1 line amall type


for


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565 16 line


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Manson


534 12 line


after


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about


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read


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for


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after 66


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utterly


365 6 line from bottom


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405 6 line


words


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any


insert = reud


Roger 554


Pomroy my Home


583 6 line from bottom


597 12 ling


Simon


646 6 line


continned


XII


ERRATA.


686 19 line


for I testimony


read In testimony


692 5 line


$6


County 66


Country


693 2 line


720 1 line


Joseph Berry


Joseph Barcs


722 S line


these


thosy


729 11 line


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order


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before


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for


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read


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after paid


insert


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& her


789 6 line


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Christian


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cut


797 last line fine print


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read


Elisha


802 3 line


after my


insert


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801 S line


for


unto


read


$0


806 5 line


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Simeons's


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that


the


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after Land


insert


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expunge


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817 14 line


849 10 line from bottom for oweth


rend


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856 after 19 line


insert


Benje Parker jz


856 last line


after


Ingersoll


late


885 & line


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to me


903


add'


Barns, Joseph, 720


read


Barns. Joseph


908


=


(second reference) f


insert


Haly


916


3 line top sec. col.


expunge Haly


923


Lewis, Mary


and


281, 882 565


924


= Manson, Samuel


929


under Palmer, Richard


j --- Palmer, wife 3 ot Richard, Co


941


to Wives not named


Palmer, 60


762 10 line from bottom for


portion


read


proportion


expunge


expunge


to


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all


each


880 13 line


904


for


Berry, Joseph.


Cosen, Samuel.565


Manson, Samuel


916 1 line top seo. col. after Halle


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Peter


MAINE WILLS.


Court Records, B, 51.


Janvary 7th 166}


In the name of god Amen, I William Scadlocke of Cape Porpus In the province of Maybe In New England, being In pfect memory & vnderstanding, yett haueing the appthen- sion of death before mee, I hereby make & Declare my last will & Testament, which is that In the first & cheefest place. I committ and Comend my soule into ye hands of god my Creator, redeemer, & sanctifyer, my body vnto the earth, from whence It was at first taken, which being sollemely Interred : My mind & will is/ That w" funerall expences are discharg'd, that all Legall debts dues & Demands bee satis- fyd all wwh being done, the remander of my Estate to bee disposed of as followeth vidzt : That the house Land Marsh & Cattle, with ye appartenances y'vato app tayeing & be- longing, both with In doores & with out, I do bequeath vnto my good and deare wife, Ellner Scadlocke, soe long as shee keeps her selfe a Widdow, but If shee happen to Marry after my desease, then shee to have six Cows, Two stears, with ye third part of my bequeath abone mentioned, & an æquall & pportionable third part of ye swine, that were then In being, & the best bedd with every thing y'to belong- ing, but if soe bee shee dy as my Widdow, then all my estate to bee æqualy devided, & Justly betweene the Chil- dren, begotten and brought forth by mee & my aforesd wife/ And if shee dy as another mans wife or Widdow, then these Cows, steers, swine, & the 3d prt of my bequeath to bee wholly at her dispose/


2


MAINE WILLS.


Now was It is expressed. that If shee dy as my widdow, then all my estate to bee thus devided amongst our children, by ym I meane William, Susanna, John, Rebecha, Samell, & Sarah Scadlocke.


I bequeath my bible vnto my Sunn William/ I bequeath vnto my sunn John 3 yds of broad Cloath, hee vpon that Consideration to buy 3 yds and an halfe of good Kersey of tenn shillings p yd for a sujte, for my sunu Samell, & silke & buttons vnto both ; I bequeath vnto my daughter Rebeccha my worsted stockings/ I bequeath vuto my sunn William my new hatt, hee bringing Samell another of 105 or 123 prize/ I bequeath vnto my daughter Susanna Mr Cottons workes vpon ye new Covenant, of grace : I bequeath a booke Intitled meate out of the Eater to my sun William/ & to my sun John I bequeath a booke concerneing Justiti- jag faith/ & the practice of pyety to Rebeccha/ and to my daughter Susanna a suckeing Calfe Called Trubb/ I bequeath vnto my daughter Sarah one yd of Holland/ & to the end y all thinges may bee pformed according to my mind & will, I hereby make Constitute & appoyut my loueing wife Ellner my executrix, & my sun William my executor, vnto all which I sett my band & Lært/


Testes/ William Scadlocke/


Seth Fletcher/


Gregory Jefferys


his marke x


Sworn to by attesting witnesses and son William, and recorded 3 July 1662; Inventory 293-3-3 .; appraisers, Mr. Tho: Williams and Leeft Ric: Hitchcocke


4


3


MAINE WILLS.


Court Records, B, 53.


The last will & Testament of Edmund Littlefejld December 11:61 :


First I bequeath my soule to god Almighty, & I bequeath my body to the earth from whence I came/


I bequeath vnto Francis Littlefejld my Elldest sun, & Anthony Littlefejld, & Elizabeth Wakefejld my daughter, all the whoole Tract of Land lijng of the North East side of Kenebunke with the Falls together with a Certen quantity of Marsh lijng vp In the woods, betweenc Cape Porpus River. & Kenebunke, which is specifyd In two deeds, granted by Mr Geo : Cleeue Agent of Mr Rygby, which is now come into the Goverment of Mr Gorges, Proprietor of the Province of Mayne/ Which Land & Marsh shall bee aqually devided amongst those three abone specifyd/


I giue vnto Francis Littlefejld Seujo' 10' to bee pd out of my goods/


I giue vnto Anthony Littlefejld all my weareing Cloaths/


I giue vnto Elizabeth Wakefejld 5' to bee pd out of my goods/


I giue vnto my 3 executors Namely Annas Littlefejid, My wife, & Thoms Littlefejld, & Fran : Littlefejld my youngest sun all my vpland & Marsh att home which is not disposd, & that which I bought of my sua Anthony, & alsoe yt which I bought of Mr Fletcher, together with ye Corne Mill & saw Mill, with all my houseing & goods. within doores & with out, together with all the stocke & Cattle both small and greate, which shall bee equally deuided amongst those 3 executors, onely the Yland that lyeth on the South side of Webbhannett River. If the sd Tho' & Francis Littlefejld Junjo do both of them pay to Annas my wife foure bushs of Corne yearely for 7 yeares, then my wife shall have nothing to do with Itt, otherwise if they do not pforme that yearely, then my wife shall hane pouer to lett it to others, & to oxpell them quitte out of it all/ 7


4


MAINE WILLS.


.


And likewise my sun Thoms & Fran : Littlefejld shall pay vato my wife eight bush of wheate yearely, for ye Corne Mill, if they will not y" my wife shall haue pouer to lett it to any other, & expell them out of it/ And my wife shall haue her third part of the Marsh, that lyeth on the South East side of Webbhannett River; And if soe bee yt Fran : Littlefejld & Thomas Littlefejld, & Fran : Littlefejld my youngest sun bee loueing & helpfull to y mother my wife, then they shall haue all after her desease, otherwise if they bee not loueing & helpefull to her shee shall haue pouer to dispose of itt, w" shee thinkes good herselfe/


I giue vnto my daughter Mary Barrett, and to my daugh- ter Hannah Littlefejld fuetecne pounds a peece to bee pd with in 3 years, fiue pounds a peece yearely, till it bee payd/ I do giue vnto all my grandchildren fiue shillings a peece Wa they come at age/


I give vnto my sun John Littlefejld Tenn pounds, to bee payd out of ye fourty pounds which hee is to pay for his purchase att Ogunquett/


Alsoe the 3 executors, Namely Annas my wife, & Tho : & Fran : Littlefejld shall haue pouer to recover & receaue all debts/ And those 3 executors shall pay all debts dues & demands, & all portions Legacys & gyfts, which is here specifyd ; My suns Tho : & Fran : Littlefejld Ianjor, is to Improue & till the ground, & thejre mother my wife shall, haue the third part of the Corne/


I giue vnto my wife 6 or 7 Acers of Marsh that lyeth at Ogunquet.


I desire Mr Ezekell Knightt & Mr Jos : Bowles to bee my Feffees In trust If neede require, to see my will fullfilled/ Testes/ Edmund Littlefejlds


Ezekell Knights/


Jos : Bowles/


owne hand/


Inventory returned a: £583: 13: 4, by Ezekell Knights, Jos: Bowles and William Hamnonde as appraisers, who were sworn 21 ; 10th; 1661. Will recorded IS July '62


-


5


MAINE WILLS.



Court Records, B. 54.


The last will & testament of John Barrett Senjor, being in pfeet vnderstanding & memory Aprill 17 : 1662/.


First I bequeath my soule to god almighty / 2ly I bequeath my body to the earth from whence Itt came/ 3ly I bequeath my houses, vpland & Marsh att home, with all my estate of Cattle both great & small, with all my goods with in doores & with out, vnto Mary my wife, which I do make my exec- utrix & Administratrix, & that shee may pay all my debts, & may receaue all Which is any way due to mee, alsoe my wife shall Cutt wt hay shee hath neede of vpon the Marsh at ye necke of Land dureing her life/


I giue vnto John Barrett my sun, my vpland at the stony brooke, & the three acers of Marsh at Ogunquett, & I gine vnto my sun the Marsh at ye necke of Land, which lyeth betweene Mr Bowles & Fran : Littlefejld Senjor, onely my wife his Mother shall cutt wt hay shee staudeth neede of yearely during her life/


Testes us,


John Barrett his marke IB


Jos : Bowles / Samell Austine Frances Crosse her marke X


Proved 4 July 1664; Inventory returned at £173: 4: 0, by Mr Jos: Booles, Samell Ans- tine and John West, Aprill 29: 1662. .


Court Records, B, 96.


I Nicholas Daviss of Yorke In the Province of Mayn, being of Prefect Memory & vnderstanding, though not unsen- cible of the vneertenty of my life, vpon weh consideration being the more willing to settle thinges vidzt outward my estate in due order, do hereby make & declare this signifi- cation of my mind, In these Presents Included, to bee my last Will and testament as followeth/


6


MAINE WILLS.


I giue vnto my Cosson Mathew Barnard of Boston the wife of Mathew Barnard the some of fiue pounds/


I giue vnto my Cosson William Locke of Owborne two silver spoones & fiue shillings In silver/


I giue vnto my daughter Astine & her two children Mary & Sarah Austine Three pounds/


I give vnto Mary Dod Elizabeth Dod & Mehitabell Dod 20° a peece/


I doe likewise giue vnto the aforesd Marry, Elizabeth & Mehitabell Dod my house housing & Londs, with all priui- ledges & appartenances belonging there vato, after ye de- cease of my wife Elizabeth Dauis/


These Legacys being payd as abouesd I doo giue vnto my beloned wife Elizabeth Davis, the soole vse of all my houses & Lands soe ... gas her naturall life Contineweth, & do grant & giue vnto her the sool vseing & disposeing of all the rest of my goods Chattles Cattle Househould stuffe, debts or w'soever else appertaynes to mee, for her own proper vse & behoofe as shee shall see meete, to dispose yrof to her selfe & others/


And for the better Prformance of this my last will, I do desire & appoynt my Loueing frejnds Capt John Davess & Me Peter Weare to bee ye overseers thereof, vnto whom I do giue fiue shillings a peece/ In witness wrof I haue sett two my hand & seale/ Dated this 27 : day of April 1667 : In ye 19th yeare of of Soueraign Ld ye King Charles the secund/


Signed & Deliverd Nicholas Davis ( hiz.)


In yº Prsence of,


Edw : Rishworth / Susanna Rishworth/


Probated: -- recorded 17 Angust 1670. Inventory returned at $102: 10: 0. by Etx : Rish- worth, John Davess, and Mathew Austine, 12 March 1089 or 70. Debts due to bis estate fro a the Town of Yorke, Job Alleocke, Will: mora, Thomas Bragdon, the County Treas" urer, Phillip Cooper, Phillip Hatch, amounting together to £4: 11: 6.


7


MAINE WILLS.


Court Records, B, 97.


Know all men by these Prsents that I John Tucker fish- erman of the Yles of shoales, vidz' Starr Yland In the County of Portsmouth being by gods prouidence at the house of John Amerideth of the Town of Kittery In the County of Yorke, very sicke and Weake of body, yett at Prsent of Indifferent firme memory and understanding, doe make this my last will & Testament/


1 Inps I Committ my spirit vnto god that gaue Itt, & my body vnto the dust from whence It came, to bee decently buried at the Charge of my executor, whom I shall name & appoynt/


2: 1 dispose of my outward estate In manner as follow- eth, vidzt my Will is that all my debts bee duly & truely payd by my executor/


3 : I giue & bequeath vnto Thomas Wells Minister of the Town of Kittery the full & Just some of one pound tenn shillings, to bee payd by my executor after my decease, the one halfe In money & the other halfe In fish/


4 : I giue & bequeath all the rest of my estate Whatsoeuer vnto my very Loueing frejnd John Amerideth, & Johanna his wife, and my will is, that all those yt haue any estate of mine in their Costody, or yt doe ow any debt vuto mee, do deliver & pay the same vnto the sd Amerideth or his wife after my decease, vpon yr demand or either of them thejr heyres, executors administrators or Assignes, in speties, as the same is to bee delivered or payd vnto mee/


5 : I doe Nominate & appoynt the abouesd John Ameri- deth Senjor of the Town of Kittery in the County of Yorke, to bee the executor vuto this my last will & testament, & do hereby Inioyne him faithfully to Prforme all & cuery of the Bmisses abone mentioned/ In Witness wr of I haue here Ento sett my hand & seale Dated y" last vidzt the Thyrty one day of October, In the Twenty secund yeare of the Reign of o' Soueraigne Ld King Charles the secund, by the


.


8


MAINE WILLS.


Grace of god King of Great Brittan France & Ireland, & In the yeare of our Lord one thousand six hundred & seaventy / 31 : 8 : Anno : Dom : 1670 : Subscribed & sealed in the


Prsence of us, William Rawling/


The marke


the marke of X


John Tucker ( his ) seale )


Thomas Sharpan


Sworn to at Portsmouth by subscribing witnesses 3 Jany 1670: Probated 26 April 1671: Inventory returned at £65: 10: 1012 by Edw: Chambers & Vincent Burton, recorded 26 May 1671.


Court Records, B B, 18.


Janvary : 14 : 1661-2 :


In the name of god Amen, I Gregory Jefferys being In perfect memory and vnderstanding, yet being sencible of frajity & mortality, do hereby & herein declare & make known my last & latest will & testament, Which is that I Committ & Commend my spirit vnto him who gave Itt mee, & my body vnto the dust from Whence It was taken, the which after my departure out of this life, being sollemely Interred, funerall expences defrayed, all legall debts, dues & demands satisfyd, & all Legacys, & bequeaths being dis- posed of, that then my wife Mary Jefferys shall haue my whoole estate, In her own hand till my sun John come vnto the age of seaventeen yeares, who then shall haue an æquall halfe, as It shall bee now valewed of all moueables as his owne portion, being understood æequally with halfe ye Land not besids Itt, & if my sayd wife die before him, that then my aforesd sun shall hane the houseing & land. But if the Lord take away my sun his estate shall fall into the Infants hands, that is in the mothers Wombe at this Present. But if the sd Infant bee not then liueing, the sd portion to fall


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MAINE WILLS.


into the Mothers hands If the Infant surviue them both, to bee soole possessor of both thejr estates; And Moreover I bequeath vnto the Church of Sacoe, to the end such things or some or one of them at least as are necessary for the carijng on of the worship & seruice of god there in may be Inioyed, one yeareling steare to bee Deliverd to whom authority shall see meete, & as they shall see Cause at the next generall assembly. I bequeath vnto my Kinesman Charles Potum a 2 yeare ould Heffer Called rose, and to ye end this my will may bee fully accomplished, I make & ordajne my wife as executrix, the aforesd Charles Potum executor there of/ In ratification & confirmation of all which, I freely sett my hand & hart/




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