USA > Maine > Maine wills. 1640-1760, Vol. I > Part 17
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 (link on the Part 1 page).
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
1Wy I Give unto my three Sons William Grant Alexander Grant and Charles Grant and my homsteed Lott of Land with the house barn & orchard Standing thereon and also all my out Lands Swamps & Meadows whatsoever I have or ought to have to be Equally Divide to and amoung my aforesa three Sons they paying to my Daughter Martha their Sister thirty pounds that is to Say ten pounds Each of them.
2iv I Give and bequeath unto my Loving wife Martha the whole vse profit and Income of my homsteed Lott of Land with the house and barne & Orchard Standing thereon during the whole time & term She doth Continue and remain my Certain widow and all my personal Estate & Movable Goods I give unto her my afores" wife and to be at her Disposing for ever.
3" I do Constitute ordain & Appoint my Loving wife Martha and my Son William Grant to be the Executrix & Executors to this my Last Will & Testament Revoking and Renounsing all or any will or wills heretofore by me made or Suffered to be made. In Wittness whereof I have here-
232
MAINE WILLS.
unto Set my hand & Seal this Twenty fourth day of may 1721 his
Signed Sealed published and Declared to be his Last Will & Testament in presents of us John Kye John Kye Iun' wittnesses his
William X Kye mark
William X Grant (Seal)
mark
Probated 27 Oct. 1722.
Probate Office, 3, 93.
In the Name of God Amen the fifth day of Aprill in the Year of our Lord one Thousand Seven hundred and Twenty two, I Daniel Emery of Kittery in the County of Yorke in his Majesties Province of the Massachusetts Bay in New England Yeoman, being Very Weak in Body but of Perfect mind and Memory thanks be given unto God, therefore call- ing into Mind the Mortallity of my Body and knowing that it is Appointed for all men once to Dye, Do make and Or- dain this my last Will & Testament, That is to Say Princi- pally and first of all I give and Recomend my Soul into the hands of God that gave it and my body I Recommend to the Earth to be buried in decent & Christian like manner att the Discretion of my Executrix Nothing Doubting but att the General Resurection I Shall Receive the Same Again by the Allmighty power of God, and as touching Such worldly Estate wherewith it hath Pleased God to bless me in this life I give Demise and Dispose of the Same in the following Manner & form
Imprimis I give & Bequeath to Marget Emery my wife ( whom I do hereby Constitute my Sole Executrix) All my
233
MAINE WILLS.
Movable Estate of every kind & Quallity Excepting two Steare & a young Mare for Simon Emery & a feather bed & Beding for my Eldest Daughter Margaret Emery, also I give to my Said Executrix the whole vse of my homsteed to her Self & Disposing for the Space of ten years and the Mill & Previledge and timber all that is reserved in Daniel and Simons Deed, and the old part of the Dwelling house and the Lower room in the North End of the new part of the house and her gardain with the Out house & Cellers and Previledge of the Spring She being to Maintain bring up and Educate all my young Children During the Said term of tenn years upon the Said Estate and to pay all my due Debts & Funeral Charges in Convenient time after my Decease She haveing Liberty to Sell any Movable thing and the Mill the Previledge and Timber for paying the Same
Item I give to my Eldest Son Daniell Emery a tract of Land Bounded by York pond & by the brook running out of it, & by the Maish brook with the other Bounds Men- tioned in his Deed Dated the thirtyeth of Jan" Last all the Said Land Marsh and Meadow Adjoyning on the North Side of Said Bounds for his Portion.
Item I give to my Second Son Noah Emery the New part of my Dwelling house with the Previledge of his Shop And a Gardain of three rods down Square from the North west Corner of his Shop & off to the lane And the Previledge of the Spring and after tenn years to have all the Land & build- ing on the West Side of the Main Road & one third part of my Land at the third Hill to him & to his Heirs Executors Administrators or Assignes forever after my Decease Re- serveing to my wife the Old house & the aforeS' Room in ye New & her Gardain & the third part of the Produce of the Land below the house So far as the hounds of that Land I gave him in a deed Dated the Second day of Aprill 1722 During her life, he Mannageing it and after my wifes De- cease to pay to Caleb Emery my Son Six pounds and to Joshua nine pounds as they Come to age after ten Years if
234
MAINE WILLS.
my wife Should dye before, & if She lives Longer to be paid after her Death.
Item I give to my Son Simon Emery all my Land Marsh and Meadow adjoyning on the East & South of Daniels bounds According to his Deed Dated the Second of Aprill 1722 & the aforeS. Steers and Mare as his portion
Item I Give to my Son Zachriah Emery all my Land att home Adjoyning on the East Side of the Main Road after ten years (not Selling without giveing the Refusall of it to his brothers that any of them may buy as Cheap as another) and it Shall be mannaged to the Best Advantage & the third part of the hay fruit of all Sorts, Cyder Corne & every Sort of grain that Shall be Sowed thereon Shall be brought in and paid to my wife att the house I have Appointed her & after her Decease to pay unto my Daughter Margaret Emery fifteen pounds, & to my Daughter Anne Emery fifteen pounds, & to my Daughter Tirzah Emery fifteen pounds & to my Daughter Huldah Emery fifteen pound as they come to age, & if either of them Dye before they come to age the Surviveing Daughters or Daughter Shall have the Por- tion of the Deceased, also I give to him one third of my Land att the third Hill and my wife another third part thereof.
Item I give to my Son Caleb Emery a tract of Land in Berwick of forty Acres Near a Little River & a Meadow called Grants Meadow Bounded in one Corner by a great Rock & the aforeSaid Six pounds to be paid unto him after my wifes Decease when he is of full age by Noah Emery, And to Joshua Emery my Son I give all my Swamp & Up- land Adjoyning att the head of Daniel & Simons Land & the aforesª Nine pounds to be paid by Noah after my wifes Decease when he is of full age And if Either of these two Dye before he comes to full age, the other Shall have and Injoy his Portion as his own, My four Daughters being before Mentioned their Portions
235
MAINE WILLS.
And I Do Hereby utterly Revoke Disallow & Disannul all and every other former Testaments Wills Legacies and Be- quests & Executors by me in any wise before Named Willed & Bequeathed Ratifying and Confirming this and No other to be my Last Will & Testament.
In Wittness whereof I have hereunto Set my hand & Scal the Day & year above written Signed Sealed Pronounced & Daniel Emery (Seal)
Declared by the Said Daniel
Emery to be his last Will and
Testament in the presence of us
Nicolas Gowen
Richard Chick his John X Hearl mark
Probated 8 Nov. 1722. Inventory returned 22 Jany 1722-3, at £748: 19: 8, by Samuel Shorey, Jonathan Nason and Timothy Waymouth, appraisers.
Probate Office, 3, 95.
In the Name of God Amen The thirtieth day of June Anno Domini one thousd Seven hundred and twenty I Mar- garet Adams of Kittery in the County of York in the Prov- ince of the Massat Bay in New England Widow being aged and weak in body, But of Sound Dispossing mind and mem- ory thanks be given to God; Therefore Calling unto mind the mortality of my body do make and ordain this my Last Will and Testament that is to Say Principally and first of all I give and Recommend my Soul into the hands of God that gave it And my body I Recommend to the earth to be buried in a Christian like and Decent manner at the Discre- tion of my Executor And as Touching Such worldly Estate Wherewith it hath Pleased God to Bless me in this Life I
-
236
MAINE WILLS.
give Demise and dispose of the Same in the Following man- ner and Form.
Imp" I give to my well beloved Daughter Anne Weeks Dureing her Natural Life all the fruit that Shall grow upon the peices of Rows of Apple trees that are in my Orchard next to the Stone wall that is by the high way with the Lib- erty of Ingress Egress and regress to gather and Carry away the Said fruit during the above Said term I also give to my Said Daughter two Cows & ten Sheep and the one halfe part of my wareing Apparrell both linnen and Woolen.
Item I give to my well beloved Daughter Mary Dennet two Cows and ten Sheep and the one half part of my Ware- ing Apparrell both linnen and woolen.
Item I give unto William Hill Son in Law to my Daugh- ter Anne Weeks and to my Grandaughter Anne Hill their Heirs and Assignes forever a Certain peice or percel of my Land Called by the Name of the little Lime kiln which Said Land takes its beginning at the bridge that is at the gate which goes into my pasture & then running by the road as the fence now is to the Bridge that is in my pasture and then running as the brooks run Untill the Said Brooks meet in the Creek or Cove which Land Contained within these boundrays the Said Willm and Anne Hill Shall be possest thereof when they come to Lawfull age and have it equally Divided betwene then but if either the Said William or Anne Should Depart this life before they come of Lawfull age to Inherit what I give to them the Surviver Shall Inherit the whole and if they Shall See cause to Dispose of the Said Land my Grandson Thomas Adams or his Heirs and assignes Shall have the offer of it Provided he will pay for it to each of them ten pounds in money & they Shall not demand more of them then twenty pounds for the whole tract that is to Say ten pounds apeace but if the Said Thomas his Heirs or Assignes Shall not Se cause to give the above Said Sum for the Said Land they have then by these presents liberty to alienate and Dispose of it to whomsoever they Shall Se meet
237
MAINE WILLS.
Item I give to my well beloved grand children Margaret King Mary Adams Sarah Adams Mary Dennet Sarah Dennet John Dennet Thomas Dennet & Eleonor Dennet to each of them five pounds in money
Item I Give to my well beloved Grandson Thomas Adams his heirs and assignes forever all the Land that be- longs to my homsteed or house lot bounded on the west by the Land which I formerly gave to my Daughter Anne on the North & South by two Creeks or Coves of Salt water and on the East with the high way togather with my Dwell- ing house barns out houses & orchards that are thereon Ex- cepting what fruit trees I have in these presents given to my Daughter Weeks during her natural life and after her Decease to be the Said Thomas his Heirs and assignes for ever I also give to my Said Grandson his Heirs and assignes forever all that my pasture land Called the lime kiln butted and bounded on the western Side by the land which I have in these presents given to Willm and Anne Hill on the North- ern Side by the brook of water that leads to Nath" Furnald his Land and then by the Said Nath" Furnald his Land and Into ye woods So far as my land is fenced Includ- ing that percel of Land called Marks Swamp on the other Side it is bounded by the Land that was formerly Robert Mendams Deced or however the Said Land is other- ways butted and bounded all which Land is Scituate and being in Kittery aforeS4. The Said Thomas Adams Shall be posest thereof when he Shall come to the age of Twenty one years. I also give to the Said Thomas free Liberty to Cut & Carry of from my Land that Joyns to the above Said pasture what fire wood he Shall need for his own burning during his Natural life if ye wood lasts So long.
Item I give to my well beloved Son John Adams and the Male Heirs Lawfully begotten by his body & their Heirs & assignes for ever all the remainder of my lands Wheresoever and whatsoever not heretofore nor In these Presents by me Disposed of with the free liberty of a way through the above
238
MAINE WILLS.
Said pasture called the lime kiln unto the Land which I have in these presents given him that lyes on the further Side of the Said Pasture I also give to my Said Son John Adams all my Stock of Cattle and other Creatures & all ye Residue of my Personal Estate of every Sort
Lastly I Constitute make and ordain my beloved Son John Adams abovesª my only & Sole Executor of this my Last Will and Testament And I Do hereby utterly revoke dissal- low & Disanul all and every other former Testamts Wills Legacies 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 and Testament. In Witt- ress whereof I have hereunto Set my hand & Seal ye day & year above written
Margaret Adams 0 Signed Sealed Published
Pronounced & Declared by the
Said Margaret Adams as her
last Will & Testament In the Presence of us the Subscribers
John Newmarch
Paul Wentworth John Newmarch Terts
Probated 23 Jan. 1723 Inventory returned 30 June 1723, at £818, by Richard Rice, Nath' Fernald and Paul Wentworth, appraisers.
-
Probate Office, 3, 98.
In the Name of God Amen The twenty-Eighth day of August in the Year of our Lord one Thousand Seven Hun- dred and thirteen I Sam" Hill Sent of ye Town of Kittery in the Province of Maine, But at Present In Portsmouth In New : Hampshire In New-England Yeoman Being Sick and Weake of Body, But of Perfect mind and memory, and Knowing my own frayltie and that it is Appointed for all
239
MAINE WILLS.
men once to dye. Do make and Ordain this my Last Will and Testament That is to Say Principally and first of all I give and bequeath & Surrend my Soul to God that gave it : and humbly beg pardon and Acceptance thro Jesus Christ his Son, the Mediator in whom I desire to be found, and my . body I Recommend to the earth to burried in Christian and Decent Manner at the Discretion of my
And Nothing Dobting but at the Generall Resurrection, I Shall Receive the Same again By the almighty power of God : And as Touching Such worldly Estate wherewith it hath Pleased God to bless me within this life. I give & Demise of the Same in the Following Manner Vizt
Imprimis I Will that my Just Debts and Funerall Charges be paid by my Executor and Executrix out of my Estate.
Item I give and bequeath unto my Son Sam" Hill all my Right title Estate & Interest, I have In & to the Saw mill griest Mill and Wind Mill, as also the Dwelling House and Land Lying and adjoyning to Shapleighs Creek in the Town of Kittery in the Province of Main Excepting one Roome for my Wife to Live in if She Desires it and also to pay to his Mother Hill the Sum of fifteen pounds p Annum During her Widowhood, and if She Marry then to cease paying it but if She happen to be a Widow again then he Shall pay it her again During her life or Widdowhood The Said Dwell- ing house Land and Mills one the Same aboveS' to be the Estate of my Said Son Sam" Hills & his Heirs Successively for ever : and also on House Lott and Ware house Lott In Portsmouth abovesaid being on plat affixt to this my Will & Nombred the House five the ware house Lott fifteen to to be as above to him and his Heirs Successively for Ever. as also I give him my Gundelow foy his Own Vse forever.
Item I will and bequeath to my Son Benja Hill all and Singuler my farm that is now in tenure of John Chapman In the Town of Kittery In the Province of Maine, togather with all the Dwelling House Barn out houses and Orchards Garden &c' belonging to the Same, and all my out Lands in
240
MAINE WILLS.
the Town of Kittery to be the sole vse Benefit & behovfe of him my Said Son Benja Hill and his Heirs Successively for- ever, and also a house & Ware house Lott in Portsmouth afores" According to a plat affixt to this my Will and Numbred the house Lott four and the Ware house Lott Six- teen, to be also to him and his heirs only forever only pay- ing his Mother Hills five pounds per annum During her Widowhood, and if She Marry to ceas paying it, & if She be a widow Again, then to pay her it again During her Life or Widowhood
Item I give and bequeath to my Son Joseph Hill all and Singuler my Dwelling House In Portsmouth aforeS1 and also a the Wharfe before the door the Lott and wharfe to be According to the plat affixt to this my Will The Dwelling House Lott Numbred two and the Wharfe ware house Lott No one and also all my Right of Commons In Said Town of Portsmº as it is Laid out or any hereafter to be laid out or Divided, the Said Dwelling house warehouse or wharfe with the Said Comon Land to be the Sole vse benefit & behoofe of my Said Son Joseph Hill and his heirs only forever, only my Wife Shall have the Vse of any Room in Said house During her Widowhood.
Item I Give and bequeath unto my Son John Hill all and Singuler the part of the Dwelling house and Land Where he now lives in Portsmouth togather with a ware house Lott as Will appear by a Draught affixt to this my Will, The house Lott Numbred Eight & the ware house Lott Seventeen and also one Acree of Land for an Orchard Laid out to him already in the Town of Kittery Near Shap- leighs Creek the Said Land and house Lott and ware house Lott to be to ye Sole Vse benefit & behoofe of the Said John Hill and his Heirs only forever.
Item I Give and bequeath to my Daughters Mary Welch and Hannah More all and Singuler to each of them a House · Lott & Ware house Lott on the Bank in Portsmº According to a Draught affixt to the my Will the Said Mary Welches
4
241
MAINE WILLS.
house Lott Number tenn & her Wear house Lott Number eleven the Said Hanna : Mores house Lott Number Nine and ber Ware House Lott Number twelve the Said Lotts of land " to be to ye onely Vse benifit and behoofe of the Heirs of their bodys only forever each of them. And also one Acre of Land for an Orchard Laid out to them already in the town of Kittery Near Shapleighs Creek to be as above to the Heirs of their bodys only forever
Item I Give and bequeath to my Two Maiden Daughters Sarah and Abigall Hill each of them a house Lott and Ware house Lott in Portsmouth aforeSd out of my Land Accord- ing to a Draught Annext to this my Will Sarah house Lott Numb Six & her ware house Lott Numbr fourteen, and Abi- gails house Lott Numbr Seven and her ware house Lott Numb' thirteen to be them and the heirs of their bodys Each of them forever.
Item I give and bequeath to my well beloved Wife Eliza Hill whom I likewise with my Son in Law George Marshall Constitute make and Ordain my Executrix and Execr of this my last Will and Testament, I Say I Give to my Said Wife all my Movable Estate both within dores and without as also all Debts Due to me of on kind and of another and also the Vse of my farm in the Town of Kittery and all belonging to it untill my Son to whom it is given Shall be of full age and then he Shall pay his mother five pounds p annum as is Expressed already and also I give her fifteen pounds p Annum as above to be paid by my Son Sam" Hill out of the Mills &ct given him as is already Exprest also She Shall have the Vse of my Dwelling house in Portsmth untill my Son Joseph be of age to receive it to whom I have given it and after he is of age and while bis Mother liveth to let her have any room in Sª house She Shall Chuse to Live in while her Life remains as also if She hath accation to Sell & Dis- pose of one House & ware house Lott on the Bank and part of my Land According to a Draught annext to this my Will the house Lott number three the wave house Lott number
16
242
MAINE WILLS.
Eighteen in Case She has no Occation to Sell the Same, Then they Shall be to Vse of my Son John Hill and his Heirs only forever.
Item I have given my Son in Law George Marshall his Portion already and hath it in his Possession And I do hereby utterly Disannull Revoke and Disallow all and every other former Testamt Wills Legacies and bequests & Execu- tors by me in any wise before Named Willed and bequeathed Ratifying and Confirming this and no other to be my Last Will and Testament.
In Wittness whereof I have hereunto Set my hand and Seal the Day and Year above written.
Signed Sealed and Declared Sam" Hill (Sea!)
By the Said Samuell Hill Sen"
to be his Last Will and Testmt
In Bsence of us the Subscribe
Mary ffollett -
Mary Sherbvern
James Jeffry
Probated 28 March 1:23, by Eliza Hill only surviving Executrix, to whom Letters issued 2 April 1723.
Probate Office, 3, 104.
Portsmº In In the Name of God Amen, this
New Hampsh 21st Day of June 1721.
I John Pickerin of Said Portsmouth being at present in Perfect memory and in Health Blessed be almighty God for it & Calling to mind the frailty of my Nature and ye Cer- tainty of Death how Soon it May Please God to Call me of the Stage of this world I know not, I Do therefore make & Declare this to be my last Will and Testament Nulling & Revoaking and makeing Void all & all Manner of former
243
MAINE WILLS.
and other Wills by me Made Either Verbally or in writing and this to be taken for my last Will & Testament.
Imprimis I Commit my Soul into the Hands of Almighty God that gave it hopeing and beliveing in ye Lord Jesus Christ My Blessed Saviour and Glorious Redeemer for Sal- vation & Everlasting life & that he will for his great Mereys Sake pardon all my Manyfold Sins & Transgressions My body to be Decently Buried at ye Discretion of my Executor and Overseers hereinafter Named.
As for my worldly Estate which it hath Pleased Almighty God to bestow upon me I Do Will & Dispose of as hercin after Expressed.
First I Give and bequeath unto my beloved Daughter Mary the wife of John Plaisted Esq' as an Addition to what I have allready given her and her Said Husband to make up her full Portion of what I Intend to bestow on her out of my whole Estate More then what already given to Say the full half of that Point or Neck of land Called by ye- Name of Ellenss Point that is to Say the full half of what Shall not be by me Disposed of in my life time also I Give her two house lotts of Land on my Neck of Land whereon I now live to be in breath on the high way or Street forty foot front and Sixty foot back each lott all which Lotts of Land both Ellensss Point and on the Neck Shall be bounded out by My Executor in Conveniant time after my Decease and to be to my Said Daughter her Heirs assignes forever, and Whereas I formerly gave her forty foot of Land and a little house Near the burying Place and Sold a percel of Land to William Furnald on both Sides thereof Since haveing by Consent Disposed of Said forty foot to Said Furnald . Do Order and Give unto my Said Daughter In Exchangeing for that Said forty foot, forty foot adjoyning on the Westerly Side of aforSi Lott home to the burying Place and Whereas there is about Such another Percell between Mr Langdons bounds and her Said forty foot I Give it to her and her heirs & Assignes from the High way home to the burying Place
244
MAINE WILLS.
Provided She allow of my Sale to Said Furnald always Re- serving a way to the burying Place Next Langdons bounds and Whereas my Son in Law John Plaisted has fenced in on the South Side and West End between or about Thirty or forty foot of Land more then I Gave him and his Wife there being a long Accot between him and my Self not yet Set- tled though I belive I owe him not one penny but rather he in my Debt, yet if he allow and Ballance all our Accots then I freely give unto him and his Heirs & assignes forever all that Said Land So fenced in by him but if he Do not allow of and Ballance all Acco's as aforeSaid then My Executors & Over- seers to make up all our Accompts & the Ballance to be paid to whom its due and the land to returne to my Executor.
2ª Whereas I formerly by Deed of Gift bareing Date the 26th of Sept" One Thousand Seven hundred give unto my Son John Pickerin My Corn and Saw Mills at York & Land and Priviledges thereto belonging in York in the Province of Main in which Deed I Intailed what I therein gave but Reserved allways liberty to my Self to take of Said Intail- ment if I Saw Cause doe it haveing Duley considered there- of I Do Declare Said Intailment to be wholely taken of and absolutely Void wholly Null to all Intents whatsoever Never to Stand in force more then if it had Never been made.
3ª Whereas My Grandson John Pickerin the Intended Heir to his Deceased Father John Pickerin My Natural Son Dece'd also is also Dead & left no Issue and Whereas his brother Thomas Pickerin whas to have what Estate I gave his father at York and his Dece'd brother at York in the Province of Main it So falls out that Said Father being so Indebted to Sundry Persons as also his Funeral Charges and his Wifes Funeral Charges all unpaid and Sundry legacyes to be paid which Cannot be done but by Selling Said Estate to Divide it in pieces Will Rven the whole I therefore being Executor to my Said Sons Estate haveing Duely Considered thereof haveing power in my Self for Disposing of above half of all the lands and one Mill and also as Executor to
245
MAINE WILLS.
my Said Son Dece'ds Estate and for the payment of all Just Debts & Legacyes to Dispose of the Same and think to be done According as I shall herein Express.
4' And I have thought good and it is my Intention to Make Sale of all those Lands Mills &et that I Gave my Deceased Son and all my other lands & Mills Meadows that I Gave in Said York in Order to payment of Debts Legacyes & Funerall Charges & what Shall be Left to be Divided Amongst his Children.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.