Maine wills. 1640-1760, Vol. I, Part 14

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 14


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Signed Sealed pronounced & Declared Peter Lewis (seal) by the Said Peter Lewis as his last Will & Testament in the presents


of us the Subscribers.


his Samtì X Hutchins marke his Ionath" X Hutchins mark


In° Newmarch


Probated and recorded 4 April 1716. Inventory returned 9 April 1:18 at £82:3: 0, by George Frink, James Breeden, and William Godsoe, appraisers.


Probate Office, 2, 114.


In the Name of God Amen The twenty Seventh day of September in the year of our Lord one Thousand Seven Hundred & fourteen I John IngerSoll of Kittery in the County of York in the Province of the MassachuSets Bay in New England Carpenter being aged & weak in body but of perfect mind & memory thanks be given unto God therefore Called unto mind the mortality of my body do make & ordain this my Last Will & Testament :


That is to Say principally & first of all I give & recom- mend my Soul into the hand of God ; & for my body I Com- mend it to the Earth to be buried in a Christian like & decent manner at the discretion of my Executrix And as touching Such worldly Estate wherewith it hath pleased God to bless me in this life I give devise and dispose of the Same in the following manner & form.


406


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MAINE WILLS.


Imprimis I give to my well beloved Son Elisha Ingersoll his Heirs & assigns forever a Confermation of the Land which I Have heretofore given him in Kittery asp deed of Gift may appear I also give to him his heirs & assigns for- ever ; the Moiety or one halfe part of my Farm or Land whereon I formerly dwelt at Falmouth or Casco Bay that is to Say, that halfe adjacent to Richard Pouslands land and also one halfe part of my right & title of the river or Stream whereon I formerly had a Mill in the above Said TownShip of Falmouth Together with the Moiety or one balfe part of my right & Title to that Tract or percell of Land which was given me by the Town of Falmouth belonging to the above Said Mill Stream.


·


Item I give to my Son Nathaniel Engersoll after mine & my wives decease the Messuage or Tenement whereon I dwell Scituate & being in Kittery aforesaid Containing about thirty six acres together with all the houseing fences and orchards thereon and also my highway to the water Side and landing place to him the Said Nath" his Heirs & assigns forever.


Item I give to my well beloved Children Iolin EngerSoll Ephraim EngerSoll Deborah Larroby Mary Low Rechel Chapman Abigail Blacy & my Grandaughter Sarah Brown their Heirs & assigns forever after mine & my wives decease all the reSidue of my Estate, Consisting in land and movea- bles, whatsoever to be equally divided among them upon a just Prisal. only my Son John EngerSoll, to have five pounds more then any one of the rest.


Item I give & bequeath to my dearly beloved wife the vse & Improvment of all my Estate Real & Personal for her comfertable Subsistance & maintainance during her naturall life Excepting what I have herein given to my Son Elisha Engersoll I do likewise ConStitute make & ordain my above Said wife Deborah my onely and Sole Executrix of this my Last Will & Testament ; hereby utterly disallowing revoak- ing & disanulling all & every other former Testaments Will


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MAINE WILLS.


& Lagacies, Bequests & Executors by me in any Ways before this time Named Willed & Bequeathed Ratifying & Confirming this and no other to be my Last Will & Testa- ment. In Witness whereof I have hereunto Sett my hand & Seal the day & year above written. his Signed Sealed Published Pro- Iohn


nounced and Declared by the Said John IngerSoll as his Last Will & Testament in the presents of us the Subscribers Step" Eastwick Roger Dearing Iun" John Newmarch


IngerSoll (dha)


marke


Probated and recorded + April 1716. Inventory returned 28 April 1710, at £111: 12: 2, by Joseph Weeks, Ebenezar More, and George Frink, appraisers.


Probate Office, 2, 117.


In the name of God Amen the twenty ninth day of December In the year of our Lord one Thousand Seven Hundred & fourteen I Silvanus Tripe of Kittery in the County of Yorke in the Province of the Massachusetts Bay : in New England, weaver, being very Sick & weak in body but of perfect mind & memory thanks be given unto God therefroe Calling unto mind the Mortality of my body do make and ordain this my Last Will & Testament that is to Say principally & first of all I give & recommend my Soul into the hands of God that gave it & for my body I com- mend it to the Earth to be buried in a Christian like & decent manner at the discretion of my Executrix And as touching Such worldly Estate wherewith it hath pleased God to bless me in this life I give devise & dispose of the Same in the following manner & Form


K


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MAINE WILLS.


Imprimis I will that all my just Debts be honestly paid as Soon as conveniently may be after my decease.


Item. I give & bequeath after my decease to Margaret my dearly beloved wife during her widowhood the vse & Improvment of all my Estate both real & perSonal for her Comfortable Subsistance & for the maintainance of my Chil- dren untill they Shall be of Suitable age to be put apprentise and if it Should So be that She cannot Subsist upon the Incom of my Estate rather then She Shall Suffer for want of Support ; I do hereby Impower & authorise her to dispose of So much of it either Lands or moveables, or both as Shall be necessary for her relcife provided & be it always underStood that She Sell what She Shall alienate to my Children if they will buy but if they Shall refuse to buy then She may Sell to any that will purchase but if after my decease She Should marry again She Shall then quit all Claim Right & Interest to my Estate or any part of it to my Children forever.


Item After the decease of my wife if till then She Shall remain a Widow or if She Should marry : I then give to my Well beloved Children Willian Tripe Silvanus Tripe Samuel Tripe Thomas Tripe Roberd Tripe Ioanna Pope Margaret Tripe & Mary Tripe all my Estate both real & perSonal con- Sisting of Lands housing & moveables to be Equally divided among them upon a just prizal in the following manner & form that is to Say my Sons aforeSd to have & enjoy to them their heirs & assigns forever all my Lands according to an equal division William to have that part fronting to the river whereon my house now Stands, and then the rest to take their lot or part Successively according to their age ; and whereas the housing and a Considerable part if not all of the orchard will be on that part of the Land which will belong to William part-


It is my will that what the buildings & orchard Shall be vallued at by men chosen to vallue them when he Shall enter into the possession of them he Shall pay to his brethren So


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MAINE WILLS.


much as Shall make all of them Equall partners in my Estate and if any of my Sons Should die before they come to the age of twenty one years to receive their parts their portion Shall be equally divided among my Surviving Chil- dren onely my Sons Shall enjoy their Land and my daugh- ters Shall have paid to them their proportion of the deceased part by their brethren that Inherit the Land and if any of my Sons Shall See cause to Sell their part of Land herein given to them their brethren Shall have the offer thereof made to them and if they will give So much as another they Shall enjoy it, but if they refuse to buy it it may be Sold to any person that will purchase it.


And to my above Said daughters I give So much of my moveable Estate as Shall make their parts equal in vallue to their brethren and the remainder to be divided among my Sons equally But if my moveables Should not amount there- to then my Sons Shall pay to my daughters So much in money as Shall make all their parts equal.


Item For the Conveniency & vse of my Children their heirs & assigns that Shall inherit my Land it is my will that there be a Convenient Space of Land allowed at the point before the house for a common Landing place for them & from the Said landing place or water Side a Convenient quantity of Land next to the widow Sarah Gear her Land for a highway for them to the Country road & from the Said road to the water Side to remain a common way for them their heirs & assigns forever.


Item I Constitute make & ordain my dearly beloved wife my onely & Sole Executrix of this my Last will & Testa- ment willing her to ask & take the Councel & advice of my much respected frends M' Roberd Cutt & John Newmarch whom I deSire & appoint to be the overSeers of this my Last Will & Testament in the disposal of my Children and Estate or any part thereof ; & I do hereby utterly revoak & disanull all & every other former Testaments Will & Lega- cies Bequests & Execute by me in any ways before this time


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MAINE WILLS.


named Will & bequeathed Ratifying and Confirming this & no other to be my Last Will & Testament In Witness whereof I have hereunto Sett my hand & Seal the day & year above written. Silvanus Tripe (Seal) Signed Sealed Published Pronounced


& declared by the Said Silvanus


Tripe as his Last Will & Testament


in the presence of us the Subscrib-


ers vizt


John Newmarch his Walter X Deniford mark


his Hezekiah X Elwel mark


Probated and Recorded 10 May 1:16. Inventory returned at £212: 06: 0, by William Fernald, William Bryer and Diamond Sargantt, appraisers, 2 July 1716.


Probate Office, 2, 129.


In the Name of God Amen This is the last Will & Testa- ment of Samuel Webber of York in the County of Yorke in New England I the Said Webber being very Sick & weak of body & the time drawing near that I expect my great & Last Change knowing it is appointed for all men once to die, I do with good advices, being of perfect memory of Judge- ment & in my right mind & underStanding; I first & Chiefly place with humbleness; and with Submission & trust in the Merits of Jesus Christ my glorifyed redeemer Commit my Soul unto God that gave it and Secondly my body to the dust from whence it was formed in hopes of a glorious ReSurrection in the day of the Lord & that after my decease my body be decently buried & that my funerall Charges & all my Lawfull debts he first payed out of my worldly Estate by my Executrix hereafter named, my


192


MAINE WILLS.


worldly goods & Estate which God hath given me I do gire & dispose in manner as followeth In the first place I do give to Deborah Webber my dear & loving wife all my Estate real & perSonall after my decease to her own proper vse benifit & behalfe during her widdowhood, & if after my decease She doth not marry then during her Naturall life & after her decease to & among my Children equally to be divided both real & perSonall Estate to be Equally divided among them with what they have had already onely to my Son Samuell Webber I do give Six acres of Marsh which I bought of M' Andrew Brown at Black point all my Estate to be divided among them Samuell Webber Tohn Webber Thomas Webber and Benjamin Webber WaiteStill Webber and Joseph Webber and Mary Webber the wife of Joseph Sayword Deborah Webber & Dorcas Webber; and I do hereby ConStitute nominate & appoint my above Named & loving wife to be the Sole & Lawfull Executrix of this my Last will & Testament and I do give to my two youngest Sons WaiteStill & Joseph Webber all my homeSted after their Mothers decease paying the Equal proportion to the rest of their brethren


As Witness my hand this 5th day of May 1716/


Witness Samuell Webber


Isaac Provinder his


John X Smith mark


Probated and recorded 13 Nov 1716. Inventory returned 10 Dec. 1716 at £204: 04: 2, by Abran Preble, Richhard Milbery, and Sauuell Came, appraisers.


Probate Office, 2, 131.


March the 12th day 1713


To all Christian People to whom this may Concern that . this is the Last will & Testament of Joseph Crocket by due Consideration for reasons best known to mySelfe I dos give


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MAINE WILLS.


to my Son Abraham Crocket all my plantation to him & his heirs Lawfully begotton of his body ; This is to be under- Stood after after my decease & my wifes likewise I do order my Son Abraham to pay unto my Son Nathaniel Crocket five pounds in money & to my daughter Hannah five Shill- ings & to my daughter Liddy five Shillings & to my daugh- ter Dorothy five Shillings & to my daughter Mary five Shil- lings & to my daughter Elizabeth five Shillings & to my daughter Anne five Shillings & to my daughter Sarah five Shillings & to my Son Joseph that Seven acres of Land that I have alredy given him ; I do order it to be his full part & portion ; and all the Moveables after my decease & my wifes I do give to my Son Abraham.


As Witness my hand & Seal the day & year above written. Signed Sealed in the the mark of preSence of us Henery Barter Crocket ( his ) (Seal )


Andrew Halle


Joseph F 1


Probated 29 Jan. 1716-17. Inventory returned 27 Sept. 1716 at £212: 2: 8, by Roger Dear- ing Iun', Ebenezer More, and Roger Couch, appraisers. Debts due the estate from Francis Carman and Wu Roberts.


Probate Office, 2, 134.


In the name of God Amen, The Twenty first day of Ian- uary Anno Domini One Thousand Seven Hundred & Sixteen Seventeen I Nicolas Tucker of Kittery in the County of Yorke in the Province of the MasachuSets Bay in New Eng- land, Cooper being Sick & weak in body but of perfect mind & memory Thanks be given unto God therefore Calling into mind the Mortality of my body do make and ordain this my last will & Testament, that is to Say principally & first of all I give & recommend my Soul into the hands of God that gave it & my body I recommend to the Earth to be buried


13


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MAINE WILLS.


in decent Christian burial at the discretion of my Executrix And as touching Such worldly Estate wherewith it hath pleased God to bless me in this life I give demise & dispose of it the following manner & form.


Imprimiss I do hereby Confirm & rattifye unto my beloved Son William Tucker his Heirs & assigns forever that thirty acers of Land for which I have heretofore given him A deed.


Item I give to my well beloved Son Joseph Tucker his heirs & assigns forever fifteen acres of Land Scituate & being in Kittery aforeSaid, bounded on the Northern Side by my Son William Tucker afore Said his land & on the Eastern end by John Frinks land and on the Southern Side by the Land that was Phillip Carpenters deceased & the river Called Spruce Creek provided & on Condition that he the Said Joseph Tucker his heirs or assigns pay or Cause to be paid three pounds in Currant money of New England yearly & every year unto his Mother Iane Tucker during her Nat- ural life, & also provide hay or fodder Sufficient for to keep a Cow for his Sister, Margaret Tucker and to keep a Cow for her every winter untill the Said Margaret Shall be married.


Item I give to my wellbeloved daughter Margaret Tucker one Cow one fether bed & furniture belonging to it & Six pewter dishes & one Iron pot.


Item I give to my well beloved Grandson William Went- worth five Shillings in money in full of his Mothers Portion


Item I give & bequeath to my dearly beloved wife Iane Tucker whom I likwise ConStitute make & ordain my Sole Executrix of this my last will & Testament all the residue & remainder of my Estate both real & perSonal of every kind freely to be possest & enjoyed by her forever, and I do hereby utterly revoak & dissanul all & every other former Testaments Will Legacies & bequests & Executors by me in any wayes before Named & Willed ratifying & Confirming this & no other to be my last will & Testament. In Witness


-


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MAINE WILLS.


whereof I have hereunto Set my hand & Seal the day & year above written. Nicolas Tucker (Seal) Signed Sealed Published Pronounced Nicols tucker and Declared by the Said Nicolas his mark


Tucker as his last will &


Testament in the presence


of us the Subscribers


Ebenezer More John IngerSoll Iohn Chapman Iohn Jordan


Probated 2 April, 1717. Inventory returned at £ 109:18: 0 by Ebenezer More and John Ingersoll, appraisers, 8 June 1717.


Probate Office, 2, 138.


Kittery Aprill 18th 1717


The Last Will & Testament of Edmond Gaech.


1 I give & bequeath unto my wife & to my Son Samuel Ford & my daughter Agniss Ford all my house & Land & orchards that is Say, During her Naturall life.


2 I give & bequeath all my housall Goods & Cattle within dors & without to my wife & to my aforeSaid Son & daugh- ter for my wifes maintainance & for my decent buriall.


3 I likewise give & bequeath unto my Said wife Son and daughter thirty five pounds which is due from Ebenezer More as it is due to me yearly.


Ebenezer Emones the mark of


the mark of


Edmond E Gaech


Ioanna X Ford the mark of Francis X Smart


Probated 2 July 1717. Inventory returned 2 Oct. 1717 at £100: 12: 00, by Christopher Mitebell and Joseph Mitchell, appraisers.


196


MAINE WILLS.


Probate Office 2, 143.


In the Name of God Amen, the twenty fifth day of Aprill 1717/ I Joshua Downing of the Town of Kittery in the Province of Main in New England Husbandman, Knowing @my own frailty & that it is appointed for all men Once to die thô I being now in perfect health of body do make & ordain this my Last Will & Testament, That is to Say, prin- cipally & first of all I give & Surrender my Soul to God that gave it, and I humbly beg pardon & exceptance through Iesus Christ his Son & Mediator in whom I deSire to be found & my body I recommend to the Earth to be buried in a Christian manner by my friends at the discretion of my Executors ; And nothing doubting but at the general ReSur- rection I Shall receive the Same again by the almighty power of God; and as touching Such worldly Estate where with it hath pleased God to bless me in this life with I give & demise in the following manner & form.


Imprimiss I will that my Iust debts & funeral Charges be paid by my Executors out of my Estate.


Item I will & order my two Grand Children Patiance & Sarah the daughters of Son Ioshua Downing of this Town deceased ; and also my other Issue I my Selfe may have by any other wife to be brought up & maintained wholly by the Income of my Estate for ten years for the Same vse after the Said ten years are expired I give & bequeath to my Said Grand Children Patiance & Sarah Downing one hundred pounds each of them out of my Estate to be payed by my Executors at their discretion and if either of them die before She come or be of age the other to have her part with her own, that, is to Say the whole two Hundred pounds.


Item I give & bequeath to my Grandaughter Patiance Mendum the Sum of twenty pounds money to be payed ont of my Estate by my Executors at their discretion.


Item If both the Grand Children before named vizt Pa- tiance & Sarah Downing Should die before they come of


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MAINE WILLS.


age then the aforeSaid portions to be divided amongst the rest of my Grand Children Equally.


Item the remainder of my Estate after these Legacies & my Iust debts are payed I give & bequeath to my three daughters and the heirs of their bodyes to be equally divided viz :.


Elizabeth Woodman the wife of Ionathan Woodman of Oyster river on third part To Sarah Mendum the wife of Jonathan Mendum one third part To Alce Downing the wife of Richard Downing one third part & in case either of them die without Issue her part shall return to the other that Sur- viue. and their heirs to be Equally divided betwene them ; and I do by these presents likewise ConStitute make & ordain Ionathan Woodman, Ionathan Mendum, & Richard Downing my Sons in Law, to be my Executors of this my Last Will & Testament ; And I do hereby utterly disanull revoak & disalow all & every other former Testaments Wills Legacies & bequests & Executors by me in any ways before named Willed & bequeathed ratifying & Confirming this & no other to be my Last Will & Testament. In Witness whereof I have hereunto Sett my hand & Seal the day & year above written 1717.


Item in case my daughter Alce Downing Should die with- out Issue NotwithStanding what is above written out of the third part I ordain for her their Shall be given & payed in money to her Said Husband Richard Downing the Sum of twenty pounds and the rest to be divided as above amongst the Surviuing Sisters & theirs heirs.


Item I bequeath my Loving wife Rebecca one of my houses which She pleaseth with the halfe of my peartrees with the ground they grow in with ten bushels of apples winter apples with the maintaining of one Cow Summer & Winter with three hogys liberty at the dore with my bed & furniture all this fore mentioned during her widowhood Also I bequeath my Said wife Rebacca the Sum of fifty pounds the one halfe in money the other in Spetia thirty during her


198.


MAINE WILLS.


widowhood & in case She marry twenty pounds reduct of the fifty pounds.


Item I bequeath my Grand Child Mary Woodman ten pounds money to be payed by my Executors at their discretion.


Item & if either or both Sue for the Sixty acres Land lying in Newberwick it Shall be deducted out of the por- tions of the two Sisters Patiance & Sarah Downing at the discretion of my Executors; and if the mother or any other of the relation think fitt to remove the Said Patiance & Sarah from my place then & in that case the Income of my place Shall be no more obleiged to pay for their main- tainance except ocations fall otherways I leave it to the dis- cretion of my Executors.


Item & in Case that my Estate or the homelot is not Suffitiant for the Maintainance of my wife Rebacca & the two Grand Children then I give full power to my Executors to Sell of the Said Estate for their Maintainance.


Item I impower my Executor to Sell my whole Estate they fulfiling the fore Said premisses except what I have given my wife Rebacca. Item the two Grand Children Patiance and Sarah Downings portions are not to be payed to them till they be twenty years of age each of them


Signed Sealed Published pronounced Ioshua Downing (Seal) & declared to be by the Said


Ioshua Downing his Last Will & Testament in preSence of Iohn ThomSon Sent Robert ThomSon Ionathan ThomSon David Kincaid


Probated 25 Feb. 1717-18. Inventory returned at £ 636: 18:6, by Jos. Kammo nd, John Heard and Stephen Tobey, appraisers, 18 March 1717-18.


---


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MAINE WILLS.


Probate Office, 2, 152.


In the Name of God Amen. The 7th day of March in the year of our Lord 1743 I Samuel Donnel of York in the County of York in the Province of the MasachuSets Bay in New England being Sick of body but of Such Soundness &' perfection of mind Memory & Indgment as Lawfully & Re- ligiously to disposs of & Settle my Effairs as I had deter- mined before this preSent Sickness; Do make and ordain this my Last will & Testament, that is to Say above all I give & recommend my Precious Immortal Soul into the hands of God that gave it hoping through Christ alone for the pardon of Sin & Eternal Salvation, and my body I Comit to the Earth to be decently buried in the hope of a Glorious reSurrection : And as for my worldly Estate which God hath given me I give demise & dispose thereof as followeth.


Imp' I will that what I do in right & Conscience ow to any perSon whatsoever Shall be well & truly Contented & paid by my Executrix after Named.


Item : I give unto my Eldest Son Samuel a Quarterpart . of my Saw Mill at the head of Rogerses Cove with the whole of my Lands adjoyning to the Quantity of Six Score acres more or less not Infringing the priviledges of the three other quarters of Said Mill and further I give unto my Said Son Samuel two Acres of my further Island lying over on the other Side of york River above Hearkers point as also my walking Staff & Seal ring.


Item I give unto my Son Nathaniel Donnell one quarter of the Saw Mill above Said & also the one halfe of my home- Steed housing out housing barns & Lands whither Tillage Land pasturing or Mowing ground wood land &et adjoyning to the Living I now improve, and to my Said Son Nathaniell I further give the one third part of my two Islands land & Marsh lying above Hearkers point.


Item I give unto my Sons William & Iames the other halfe of my home place housing Lands &c in full proportion


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MAINE WILLS.


& Equality to what I have given to my Son Nathaniel above Said to be Equally divided betwixt my Said Sons William & James if William Should ever returne if not my will is that James above Said Shall have a full Equall Shear with my Son Nathaniel of my whole living viz; my HomeSted on this Side the river when he Shall be of age as also one third part of my Two Island above Said at his Mothers decease.


Item I give unto my three daughters Alice Elizabeth & Ioanna Ten pounds each within three years after my decease by my Executrix & my Son Nathaniel to be paid.


Item I give unto my faithfull & Loving wife one third part of my Saw mill aboveSaid during her Natural life as also the whole of my Stock & all my household Goods to be disposed of both Mill Cattle & Goods as She Shall please among the Children; I do likewise give unto my Said wife Alice Donnel the vse of the one halfe of my home place Housing & Land untill Iames Shall be of age &' all fore- mention I give my wife.


Finally I make & ConStitute my well beloved wife the Sole Executrix of this my Last Will & Testament with the assistance of my Son Nathaniel in the Execution.




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