USA > Maine > Maine wills. 1640-1760, Vol. II > Part 1
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GC 974.1 Sa 7 ma v.2 1598063
M. L.
REYNOLDS HISTORICAL GENEALOGY COLLECTION
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ALLEN COUNTY PUBLIC LIBRARY 3 1833 01396 0403
Digitized by the Internet Archive in 2014
https://archive.org/details/mainewills16401702sarg
MAINE WILLS.
1610-1760.
Vol. 2
COMPILED AND EDITED WITH NOTES - BT 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.
PORTLAND: BROWN THURSTON & COMPANY. 1887.
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477
MAINE WILLS.
what is fore mentioned with Respect to the Use & Improve- ment of them heretofore to Mary my well beloved Wife.
Item, Whatsoever moneys Debts or Quick Stock or what- soever Estate within Doors or without to me belonging & not herein mentioned I give & bequeath to my well beloved Wife Mary to dispose of as She shall think fit. And I Do hereby Constitute appoint & Ordain my well beloved Wife Mary Sayward & my trusty Frind John Bradbury to be Executors of this my last Will & Testament and I Do hereby utterly Revoak & Disannull all & every other Wills & Testaments Legacies bequests & Executors by me in any way before this time named Willed or bequeathed Ratifying & Confirming this & no other to be my last Will & Testa- ment. In Witness whereof I have hereunto Set my hand & Seal the Eighth Day of February 1742.
Signed Sealed Published Pronounced John Sayward (Sesi) & Declared by ye ad John Sayward
as his last Will & Testament in ye presence of us the Subscribers.
Thos Bragdon Paul Nowell Sam" Chandler. 1598063
Probated 31 March 1143. Inventory returned at €865: 3: 0, by Benja Stone, Abiet Good- win and Thes, Bragdun, appraisers, 16 April 1743.
Probate Office, 6, 80.
In the Name of God Amen the twenty Eighth Day of June 1739, I Christopher Mitchell of Kittery in the County of York in New England Yeoman being of perfect mind & mem- ory thanks be given unto God ; therefore Calling unto mind ye mortality of my Body and knowing that it is appointed for all men once to Dye, Do make & ordain this my last Will & Testament, that is to say, Principally & first of all I Give
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478.
MAINE WILLS.
and Recommend my Soul into ye hands of God that gave it & my Body I Recommend to the Earth to be buried in decent Christian Burial at the Discretion of my Executors nothing doubting but at the General Resurrection I shall Receive the same again by the Power of almighty God and as touching such Worldly Estate wherewith it hath pleased God to bless me in this Life, I Give Demise & Dispose of the same in the following manner & form.
Imprimis, I Give & bequeath to Sarah my Dearly beloved Wife all my moueables as Chattels Creatures &c as also what money is Due from a Bond from my Son Samuell Mitchell. the one half of which Bond I Give to my said Son Samuell Mitchell, the other half to Sarah my Wife as aforesd
Item, I Give to my well beloved Daughter Mary Brown the sum of ten shillings to be paid by my Execus
Item, I Give to my well beloved Daughter Joanna Blake the sum of ten shillings to be paid by my Execux
Item, I Give to my well beloved Daughter Sarah Partridge the sum of ten shillings to be paid by my Execus
Item, I Give to my well beloved Daughter Eliza Leach the sum of ten shillings to be paid by my Execu*
Item, I Give to my well beloved Daughter Miriam Phillips the sum of ten shillings to be paid by my Execux
Item, I Give to my well beloved Daughter Susanna Howard the sum of ten shillings to be paid by my Executrix.
Item, I Likewise Constitute make & Ordain Sarah my Dearly beloved Wife my Sole Executrix of this my last Will & Testament ; all the aforesd Premises She paying out the several sums mentioned unto Daughters out of the same & said premises by her to be Enjoyed, that is to say the remainder when the aforesd are paid. And I Do hereby utterly Disallow Revoak & Disanull all & every other Testa- ments Wills Legacies Bequests & Execu" by me in any ways named Willed & bequeathed Ratifying and Confirming this & no other to be my last Will & Testament. In Witness
479
MAINE WILLS.
whereof I have hereunto Set my Hand and Scal the Day & Year above written.
Signed Sealed Published
his
pronounced & Declared
Christopher
Mitchell (Seal)
by the said Cristopher
Mitchell as his last Will
mark
& Testament in the pres-
ence of us the Subscribers.
Richard Cutt Jur his Samuel X Foord mark Elizabeth X Daniel
her mark
Probated 18 Oct. 1743.
Probate Office, 6, 82.
In the Name of God Amen, the first Day of November anno Domini 1743. I Phinehas Jones of Falmouth in the County of York & Province of the Massachusetts Bay in New England Trader being very weak in Body but of per- fect mind and memory thanks be giuen unto God : Therefore calling to mind the mortality of my Body and knowing that it is appointed for all men once to Dye Do make and Ordain this my last Will & Testament that is to say Principally and first of all I give and Recomend my Soul into the Hands of God that gave it, and my Body I recomend to the Earth to be Buried in Christian decent burial at the Discretion of my Executrix and Executors heroafter named ; nothing doubt- ing but at the General Resurrection I shall Receive the same again by the mighty Power of God, and as touching such Worldly Estate wherewith it hath pleased God to bless me
480
MAINE WILLS.
in this Life I Give Demise & Dispose of the same in the following manner & form.
Imprimis, my Will is that all my Just Debts Charges of . Doctors, with my Funeral Charges be paid & Defrayed in the first place out of my Estate.
Item, I Give and bequeath unto Anne my Dearly beloved Wife all my Household Goods.
Item, I Give and bequeath unto my said Wife and to my well beloved Daughters Hannah Jones, Lucy Jones and Anne Jones Jur all my Real Estate in Fee to be Equally Divided between them my said Wife and Daughters and by them freely to be possess ed & enjoyed.
Item, I Give also and bequeath unto my said Wife and to my sª Daughters all my personal Estate (Household Goods excepted) between them my said Wife and Daughters to be Equally Divided.
Item, I Do hereby impower my Executrix & Executors hereafter Constituted & named to and my Will is that they should make Sale & Conveyance of any Land or Lands " Messuages and Tenements if need be to pay any of my Just Debts.
Item, I Do likewise impower my Executrix & Executors hereafter Constituted and named to and my Will is that they should make Sale of and Conveyance of any Land or Lands - that is a part of my Homestead that they shall think and Judge will thereby tend to the good Settlement of my Estate & be without prejudice to the Interest of my's! Daughters.
Item, I Do likewise impower my Executrix and Executors hereafter named & Constituted and my Will is that they should purchase the Remainder or Remainders of any Tract of Land or Lands that I own a part of for my Heirs, where they my s' Executrix & Executors shall Judge by such pur- chase or purchases my Heirs will be advantaged, and I Do also hereby impower them my sd Executrix & Executors to Dispose of any of my other Land or Lands Messages and
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MAINE WILLS.
Tenements to pay for such purchase or purchases as they shall think will be most for the advantage of my said Heirs.
Furthermore I Do hereby Constitute and appoint my dearly and well beloved Wife Anne Jones aforest Executrix with my well beloved Brother in Law Nicholas Hodge and my good Friend Joshua Freeman both of Falmouth aforest Joynt Executors with her my said Wife of this my last Will & Testament hereby impowering either two of them my sª Executrix & Executors in all and every Respect & particular aforementioned to act and Do as fully and as authentically, should either of them live out of the County as they all could do were they present.
And I Do hereby utterly disallow Revoak & Disanull all & every other former Testaments Wills Legacies and Bequests and Executors by me in any ways before named Willed and Bequeathed Ratifying & Confirming this and no other to be my last Will & Testament. In Witness whereof I haue hereunto set my Hand and Seal the Day & Year first herein written.
Signed Sealed, Published Pro- Phinehas Jones (Ses1)
nounced & Declared by the sª Phinehas
Jones as his last Will & Testament
in ye Bsence of us ye Subscribers.
N. B. the Words (that is a part of my
Homestead) between the 28th and 29th Lines
on the other side were interlined before signing.
Rowland Bradbury
Daniel Godfrey Simon Gookin.
Be it Known to all Men by these presents that whereas I Phinehas Jones of Falmouth in the County of York in New England Trader haue made and Declared my last Will and Testament in writing bearing Date the first Day of Novem- 31
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482
MAINE WILLS.
ber Anno Domini 1743. I the said Phinehas Jones by this present Codiele Do ratify and Confirm my sd last Will & Testament ; and Do giue and bequeath unto my dearly and well beloved Wife Anne all my wearing apparrell which is not to be Judged or looked upon as any part of my Per- sonal Estate which I have willed to be Divided between my said Wife and my three beloved Daughters, but is Excepted out of my Personal Estate in manner as my Household Goods are for my said Wife.
Furthermore, Whereas I the said Phinehas Jones have and Do own a part of a Large Tract of Land lying on a River called Kennebeck in the County of York aforesd and in Comon and undivided between me the sª Phinehas Jones and James Boadwin and others, which part of s' Tract of Land I the said Phinehas Jones purchased of Samnel Mar- shal of Boston and Children, I Do hereby impower my Executrix and Executors named constituted & appointed in & by my sª last Will & Testament, and my Will is that they should Giue or otherwise dispose of my part or parts of s tract of Land that they shall think & judge will tend to the Settlement of the same agreeable to what the other partners shall think best to promote & bring forward the sª Settle- ment, and my Will & meaning is that this Codicle or Sead- ule be & is adjudged to be part & parcell of my sª Will and Testament ; and that all things herein Contained and men- tioned be faithfully and truly performed; and as fully and amply in euery Respect as if the same were so declared and set down in my sª last Will and testament. In Witness whereof I the sd Phinchas Jones Do hereunto set my hand & Seal this fourth Day of November Anno Domini 1743. Signed Sealed published & declared Phinehas Jones (Sea! ) & pronounced by the sª Phinehas
Jones as a part & parcel of his last
488
MAINE WILLS,
Will and testament in Ssence of us ye Subscribers. Rouland Bradbury Daniel Godfrey Simon Gookin
Probated 29 Nov. 1743. Inventory returned. 11 Jany 1743-4, at £8182: 2: 11, by Joseph Noyes, Joun Snow and John Wate, appraisers. Debts due the estate from, David Gustin, Isaac Ilsley, John Wate, Jonas Jones, John Huston, George Huston, William Haston, Elijah Gleson, Nath! Jordan, Joshua Curtis, Benj, Ingersoll. George Stront. Joseph Coz. Elisba Dunham, Thomas Fork, Moses Clough, Samnel Crocket, Cornelius Branthall, Richard Stubbs, James Milk, Thomas Ficket, Nelson Rackiyft, James Baxton, Joseph Conant, Samuel Conant, William Libby, Joseph Graves. Elenzer Hall, Barnabas Seobary, John Roberts. James Babh, Ebenezer Gustin, Danie! Godtrey, Nath! Knights, Andrew Gibbs, Joseph Cox. John Blethen. Samuel Blethen, Samuel Skilling, Sammael Belli. Timothy Wooster. Thomas Doughty, Caleb Graffam. Jeremiah Riggs. Peter Wear, Samuel Crockett, Samuel Moody, Cornelius soul, Isaac Winter, Martin Jose, John Bant, Arthur Bragdon, John Yeomans, Joseph Plumer, Francia Wyman, John Carter, Thomas Thomes. James H. M.Canaland, Richard Stubbs, Joshua Bangs, Thomas starbird, Nath! Boalter, Nathantel Dressor, Pane Thompson, Richard Carter, Jonathan Andrews, samuel Wineb. Robert Avery, John Fly, Etwarl Milliken, Robert Manson, Samuel Milliken, Charies Frost, Samuel Store, William Wescoat, James Russell, Jobn Bavly, Ephraim Foster, Noah Mitchell, Andrew Simonton, Westbrook Knight, Nath: Crocket, Edward Cloutman, James Wooster, James Libhy, William Wooster, Joseph Bayly, Josiah Plumer, Thomas Millet, Nath' Starbird, George Knight, Denes Mirrough, James Wyman, James Wine- low, Peter Hall, William Elwell, John Gorham, Benjamin Sterens, Jaber Fox David Tory, John Owen, John Motley, Wheeler Riggs, John Graves, Daniel Wooster, Daniel Fitzgerald, Joseph Pitman, John Crocket, Pennei Barton. Samael Small, Joshan Freeman, Benjamin Pumroy, Andrew Gray, Miry Pittman, Samuel Morgaridg, Forguy Higgins, Edward King. Notes of hand payable to Jones & Bowman, of Priscilla Knight, Graves & Co., Paillp Hodgkins, Emerson & Thomas, Dresser & Milliken, Hall & Co .. Gustin x Co., William Gray, Winter & Co., Babb & Co., Joshua Freeman, John Wato, Robert M. Kennes.
Probate Office, 6, 86.
In the Name of God Amen, the seventeenth Day of January in the Year of our Lord one thousand seven hun- dred & forty two I John Hearl of Kittery in the County of York within the Province of the Massachusets Bay in New England Yeoman being sick & weak but through Divine Goodness of sound & perfect memory & not Expecting long to Continue in this Life Do make and Ordain this my last
484
MAINE WILLS.
Will & testament. Resigning my Soul to God hopeing for Mercy through Jesus Christ, I Give and Dispose of my worldly Estate Real & Personal in manner following Vizt My Will is and I Give and Bequeath to my two Sons Eben- ezer Hearl and Benjamin Hearl all the Lands that I have & am intituled to in Berwick either by vertue of my Common Rights or otherwise between them in Equall Shares to be Divided in fee simple Excepting four Acres of Land in Berwick lying near to Brother James Hearls Place which four Acres I hereby Give & bequeath to my Daughter Mary in fee simple I also give and Bequeath to my said Sons Ebenezer & Benjamin five pounds to Each of them in Law- full money to be paid to them by my Son Joseph in lieu of my Yoak of Oxen or twenty pounds a peice old tenor Bills for said Oxen.
I Giue and Bequeath to my Daughter Hester my Bedd & Bedding. I also give and Bequeath to my said Daughters Mary & Hester, to Each of them ten pounds old tenor or an Equivolent in Lawfull money to be raised out of the Proffits of my Estate whereon I now liue and paid to them within four Years time from my Decease that is to say fifty shillings a peice in Lawfull money or ten pounds a peice old tenor as aforesaid.
Item, my House and Lands whereon I now live in Kittery Bounded on the North by Lands of John Neal, West by Newichwannick River, East by Rocky Hill Common & on the South by Lands formerly of Nicholas Gowen Daniel Emery & Timothy Wamouth (now in Possession of some of their Children) I Give and Bequeath to my Son Joseph Hearl in fee tail that is to say after the Payment of the aboue mentioned sums to my two Daughters out of the Proffits thereof my Will is that the same with all the mem- bers & appurtenances thereto belonging shall be to my said Son Joseph During his Life and after his Death to his next Male Heir & to the next Male Heir in fee tail successiuely of
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MAINE WILLS.
such as shall be Lawfully begotten of him my said Son Joseph & if such Male Issue fail then to his Female Issue in tail & for want of such Issue to my Son Ebenezer & his Issue in like manner the Male to be preferred before the Female, and if his Issue fail to my Son Benjamin and to his Issue in like manner & if his Issue fail It shall go to my two Daughters in fee Equally to be Divided-my said Son Joseph to Improve ye Said Lands in order to raise the Legacies aforesaid.
Item, I Giue and Bequeath my Yoak of Oxen to my aforesd Son Joseph he paying the aforementioned five pounds a peice Lawfull money to my two Sons Ebenezer & Benja- min or twenty pounds a peice old tenor or otherwise ye sd oxen may be given to them in lieu of ye money.
Item, all the rest and Residue of my Estate both Real and Personal whatsoever & wheresoever I give to my said Son in fee for Defraying of all Charges & Dues that shall be Just & my Funeral Expence.
Lastly I Constitute my Son Joseph Hearl Sole Executor of this my last Will and testament, In Witness whereof I set my hand & Seal hereto ye Day & Year above written. Signed Sealed published pro- his
sª John Hearl to be his Last John Will & testament in mark Iff Heart (Seal)
nounced & Declared by the
psence of. Henry Snow James Gowen
Caleb Emery
Daniel Emery Jur
Noah Emery
Probated 17 Jany 1743.
486
MAINE WILLS.
Probate Office, 6, 97.
In the Name of God Amen, the twenty sixth Day of Jan- uary Anno Domini one thousand seven hundred and forty three/four, I Richard Gowell of Kittery in the County of York & Province of the Massachusets Bay in New England Gent being very weak & infirm in Body but of perfect mind and memory thanks be Given to Almighty God for the same therefore calling unto mind the Mortality of Body & know .. ing that it is appointed for all men once to Die do make and Ordain this my last Will and testament that is to say Prin- cipally and first of all I Give & recommend my Soul into the hands of God that gaue it & my Body I Recomend to the Earth to be Buried in a Deacent and Christian Burial at the Discretion of my Executors hereafter named nothing Doubting but at the General Resurrection I shall receive the same again by the mighty Power of God, and as touching such worldly Estate wherewith it hath pleased God to bless me in this Life I Giue Demise & dispose of the same in the following manner and form.
Imprimis, I Will that all my Just Debts & funeral Charges be raised and Levied out of my Estate and paid by my Executors as soon as may be Conveniently after my Decease.
Item, I Giue and Bequeath unto Hannah Gowell my dearly beloved Wife the whole & sole use Improvement and Income of all my Estate both Real and Personal during her natural Life scituate lying and being in the town of Kittery of every kind and nature whatsoever and in case the Income of my Estate is not sufficient to Support my sª Wife during her natural Life as aforesª then it is my Will that She shall make use or dispose of so much of my Personal Estate as will support her with aforesd Income of my other Estate during her Life as aforesaid; and also I Give to my said Wife Liberty to Dispose of a tract of Land belonging to me in the town of Berwick Containing forty Acres being part of
487
MAINE WILLS.
the Propriety belonging to the town of Kittery and num- bred Sixteen in the fourth Checker for her support if She should have any need thereof.
Item, And after the Decease of my said Wife I Giue and bequeath unto my well beloved Cousin Richard Gowell the Son of John Gowell late of Portsmouth in the Province of New Hampshire Deces' all my Estate both Real & Personal of Every kind & nature whatsoever Scituate lying & being in the town of Kittery as afore mentioned, which I Give to him his Heirs and assigns for Euer, and I also give unto him the said Richard Gowell his Heirs & assigns for ever one hundred acres of Land lying in the town of Berwick being part of the Common Lands or Propriety and is numbred one in the second Check' Salmon Falls little River runs through part of the same and also if my sd Wife has not any Occa- sion to make use of ye aforesd forty Acres of Land lying in Berwick afores I giue it to him the sd Richard Gowell his heirs & assigns for ever.
Item, I Giue and bequeath unto my well beloved Cousin William Gowell the Son of William Gowell of Kittery Seventy Acres of Land Scituate lying and being in the town of Berwick being part of a Lot in the aforesaid Propriety or Common Land numbered forty in the first Checker the Bounds of said several tracts of Land aforesaid may more at large appear by the Records of the Proprietors of Kittery referance thereunto being had as afore described.
Item, I Do also make Constitute and Ordain Hannah my Dearly beloved Wife & my Brother William Gowell of Kittery aforesaid my Sole Executors of this my last Will & testament and Do hereby utterly disallow Revoak and Dis- annull all and every other former testaments Wills Legacies and Bequests and Executors by me in any ways before named willed and bequeathed Ratifying and Confirming this and no other to be my last Will & testament. In Witness
488
MAINE WILLS.
whereof I have hereunto set my hand and Seal the Day and year above written. memorandum, that the
Signed Sealed Published Pro-
nounced & Declared by ye sª
Richard Gowell as his last Will & testament In the Bsence of us
· the Subscribers. Joseph Fernald Nathaniel Fernald terts John Godsoe.
word Wife was In- terlined before sign- ing.
Richard Gowell ( Seal)
Probated 17 April 1:44. Inventory returned at €1321: 8: 6, old tenor, 12 July 1744, by Peter Staple, Joseph Fernald and John Godsoe, appraisers.
Probate Office, 6, 99.
In the Name of God amen the Eighth Day of September in the Year of the Incarnation of Christ one thousand seven hundred and forty three I Robert Staple of Kittery in the County of York within the Province of the Massachusets Bay in New England Cordwainer being Sick and weak but of sound mind & memory Expecting that the time of my Death is near, Do make & Ordain this my last Will & tes- tament Desireing with all humble submission to resign my Soul to Christ my Dear Redeemer whensoever he shall be pleased to call for it by Death and my Body also to him in hopes that he will Graciously accept ye same and fashion it like unto his own glorious Body & unite it to him. And as to such worldly Estate as God hath been pleased to bestow upon me in this Life my Will is that all my Just Debts shall be duly paid out of the same in Convenient time by my Dear & Loving Wife who I hereby appoint Sole Executrix of this my last Will & testament And whereas it hath pleased God to Bless me and my Wife with seven Children
489
MAINE WILLS.
all of them Daughters and some of them very young who I must leaue & Commit them (under the good providence of God) to the Care of my Dear & Loving Wife Injoyning her with all Love & faithfullness to use her best Endeavours that all my Children may be well instructed in the true Principles of Religion the fear of God-the way wherein they should go that when they are old they may not depart from it.
I Giue to Each of my Children a new Bible to be be pur- chased for & given to Each of them by my Wife my said Executrix out of my Estate and to Enable my said Wife to pay my Debts and give my Body a Deacent Funeral ; main- tain & Educate my Children & give Each of them a Bible & for her own Comfortable support and subsistance I Give & bequeath unto my Dear & beloved Wife Hannah Staple & to her her Heirs in fee simple my House & Land where I now live with the out Houses & Buildings & all my Goods & Chattels Lands &' tenements Rights & Credits and Estate Real & Personal whatsoever & wheresoever to have & to hold to her my said Wife to be at her Disposall as She shall see meet & to apply the use Improvement or price thereof as She shall have and see Occasion from time to time for her self & Children I the said Robert Staple hereby Revoaking all & Every former & other Wills testaments Legacies & Bequests by me in any manner before made Ratifying & Or- daining this & no other to be my last Will & testament Wit- ness my Hand and Seal the Day abovesaid.
Signed Sealed published pronounced Robert Staple (Seal)
& Declared by the said Robert
Staple as his Last Will & testa-
ment in psence of Thomas Hanscom
George Rogers John Rogers Jur.
Probated 17 April 1744; Inventory returned at £85: 1: 6, by Thomas Hanscom, George Rogere and John Rogers jun. 17 .April 1744.
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490
MAINE WILLS.
Probate Office, 6, 117.
In the Name of God Amen I Andrew Simonton of Fal- mouth in the County of York in New-England Yeoman be- ing weak of Body but of sound Judgment blessed be God Considering the frailty of my nature Do make this to be my last Will & testament Renounceing and making void all heretofore made.
Imprimis, I Comit my Soul to God that gaue it hoping at the Resurrection to Receive Immortal Glory & my Body to be buried in a Deacent manner at the Discretion of my Exee- utrix hereafter named.
215 I leaue my Dear & loving Wife Aun Simonton my Executrix & during her natural Life She shall haue the Im- provement of all & singular my Estate.
Item, I Giue to my well beloved Son William Simonton my part or proportion of all ye Farm I now Dwell on to him and his Heirs for euer.
Item, I Giue to my Loving Son Walter Simontou ten pounds old tenor.
Item, I giue to my Loving Son Andrew Simonton ten pounds old tenor.
Item, I Giue to my Loving Daughter Christian White ten pounds old tenor. I order my Loving Wife at her Death to order & Dispose of the rest of all my Estate Real & Per- . sonal among my Children to all above written I haue here- unto Signed Sealed published & Declared this to be my Last Will and testament Witness preasent this 25th Day of April in the Year of our Soueraign King George annog Domini 1744.
Archabel Dowglass William Simonton James Noble.
Andrew Simonton (Seal)
Probated 9 Ang. 1744.
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MAINE WILLS.
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