USA > Maine > Maine wills. 1640-1760, Vol. I > Part 19
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(6) I will that all my Plate of my first Wifes name shall be Equally divided between my four afforsaid Daughters to witt, Sarah Mary Elizabeth and Abigail Except what is here after given in this my Will unto my sons.
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(7) I Will my Books of all sorts Shall be Equally Di- vided between my four sons : to witt Charles Iohn Simon and Elliot ffrost
(8) I give and bequeath unto my Eldest Son Charles ffrost my Negro man named Hector my Silver headed lead- ing Staff my best Plate Hilted Sword my Silver Tobacco Box my Seal ring my best plate hatband and after the De- cease of my wife I give him my other Negro man named Prince and a Silver poringer marked with his Mothers name & mine
(9) I Give and bequeath unto my son Iohn ffrost my Negro man named Pompey my best Rideing horse and furni- ture belonging to him my Pistolls and Holsters my other Plate hilted Sword my other Plate Hat band and four Oxen four Cows three three year old Cattle three two years old three yearlings and three Calves and after my wifes Decease I Give him a Silver porringer marked with his Mothers name and mine
(10) I Give and Bequeath to my Son Simon ffrost my Watch my silver Seal two Silver spoons marked with my own name at length my Second horse and Comon Furniture and my Silver Hilted Seymater.
(11) I Give and Bequeath unto my youngest son Eliot ffrost all my money in Silver and Gold of what Coin So ever and all my gold rings (Except my Seal ring) and my
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steel Hilted Sword & after my wifes decease my negro boy Caled Cesar.
(12) I Give the Church in Berwick my Small Silver Tankerd
(13) I Give my Overseers five Pounds a Peace to be paid by my two Eldest sons out of what I have given them of my Personall Estate.
(14) Whereas the Farm and Lands I now on at Sturgeon Creek in Kittery Containing about Six Hundred Acres more or less I will may be kept Intire without being broke to Peices Sold or go out of my Name and may Descend to the Heirs Male of my Son Charles ffrost and to his Heirs Male Successively forever and in Case of failure in ye line of my Son Charles then I will that my said Farm Shall Go to the Heirs male of my son Iohn ffrost and to his heirs male Successively forever and if there fails of Heirs male in my Sou Iohn his line then my will is that my said Farm Shall Go to my Next Heirs male at Law in fee Tail and So Successively for ever. I do therefere give & Bequeath my Said Farm in manner and form following (Saving my wifes dower during life) that is to Say I give and Bequeath my said Farm with all the members therof together with the buildings thereon unto my Eldest Son Charles ffrost and Second Son Iohn ffrost that is to say my son Charles to have the north and Westerly part from the South East Corner of M: Chadbourns meadow next the brook which runs through my meadow and So Runing Easterly up the brook till it Comes to the stone Bridge and then as the Brook is till it Comes to the dung hill field fence Crossing s1 Brook and thence Continuing East as the fence now is till it Comes to ye Cross fence between the young Orchard & Said Dunghill field and Continuing by the Said fence till it comes to York lane So Called together with all my land to the northward of York lane afforsd for and During the Term of my Son Charles his Naturall life and after his Decease to Decend in fee taill as is above Described to ye next Heirs male Suc-
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MAINE WILLS. 261
cessively in his line for ever & when they fail then my Will is the whole Farm aforsaid Shall be and Remain to the Heirs inale of my Son Iohn in fee tail and so to ye heirs male in his line Succesively forever.
I Give and bequeath the Other Part of my Said Farm to witt the East and South Part to my Son John ffrost. For and During the Term of his Natturall life and after his Decease to Remain to the Heirs male of my Son Charles and to his heirs male in fee tail Successively for ever as is above Described and if there fail of Heirs Male in the line of my son Charles then and in that Case the whole Farm to be and Remain to the Heirs male of my Son Iohn and So to the Heirs male in his line in fee tail Successively forever and if their fails of Heirs male Lawfully Begotten in both lines as I have Described, then the whole farm to Remain to the heirs male in fee tail of my son Simon and to his Heirs male Successively for ever and if their fail of Heirs male in the line of my Son Simon Lawfully Begotten, then my Whole Farm to be and Remain to my youngest Son Elliot and to his Heirs male Lawfully begotten in fee tail Successively for Ever so that my whole Farm after the Decease of my two Eldest Sons to witt Charles and Iohn my Will is that the Said farm be kept Intire without being Sold broke into parts or Divided and so to Continue from Generation to Genera- tion Successively forever. My saw-mill and Priviledges of Cutting of Timber on the South and East Part of my farm together with the appurtenances belonging thereunto which lye within the Bounds of my Son Iohn his Part Shall be Improved Equally Between my said two Sons Charles and John during the term of their Natturall lives and after their Decease to Remain and be an appurtenance to my whole Farm and go with the Said Farm forever.
(15) I Give and bequeath my saw mill Standing on York Pond brook with the priviledges thereunto Belonging to my Son Charles ffrost and to his heirs ans assigns forever.
(16) I Give and bequeath to my Son Charles ffrost my
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Farm I bought of Iames Chadbourn and Company known by the name of Stony brook farm Containing one hundred and fifty acres more or less Scituate in Kittery being bounded Northerly by Trustrum Harriss Easterly by York line Southerly by Capt Charles ffrost and Westerly by Stony or long marsh Brook with all the Priviledges appurtenances and advantages there unto belonging to him the Said Charles his Heirs and assignes forever.
(17) I Give and Bequeath unto my Son John ffrost and to his Heirs and assignes forever my farm at Berwick known by the name of Carrolina Farm Containing five Hundred and twenty acres in Both Parts more or less as laid out the 7th Jan"y 1709 and the 26 January 1710 Saving liberty to my Son Charles of Cutting and Carrying of timber on that Peice last laid out as he Shall have occation for During his Natturall life.
(18) I Give and bequeath all my Rights in the Comon and undivided Land within the Township of Kittery & Ber- wick whether by Purchase or other wise unto my two Sons Charles and John that is to Say the two thirds thereof to my Son Charles and to his heirs and Assignes in Severalty for ever The other third part thereof I Give unto my son John and to his Heirs and assignes in severalty forever.
(19) I Give and bequeath unto my Son Simon ffrost all that my five Sixths part of a tract of Land Containing thirty four acres and half laid out to my father the 21. Iune 1682 near the head of majr Clarks Patten the other Sixth part belonging to my Brother John ffrost As also a small tract of Land I have Laid out Since Joyning thereunto to him my Said Son Simon and to his heirs and assignes forever I also Give unto my Said Son Simon the five sixths part of ten acres of Salt marsh more or less Scituate in Cape porpus which marsh my father bought of m' Joseph Bolls as p his Deed bearing date the third day of April 1672 : the other Sixth part belonging to my Brother John ffrost to him the Said Simon his heirs and assignes for ever. I also Give my
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Said Son Simon my Lott of Land lying and being in Ports- mouth within the Province of New Hampshire which I Pur- `chased of Capt Iohn Piekerin as p his Deed of Sale bearing date the thirtieth day of Octor 1697 : to him the Said Simon his Heirs and assignes for ever.
(20) I Give and bequeath unto my youngest Son Elliot ffrost all that my five Sixths part of a tract of Land Ioyning to the highway leading from Sturgeon Creek To Spruce Creek in Kittery which Land was Laid out to my father the 17 day of January 1683 Containing thirty Acres the other Sixth part belonging to my brother John ffrost to him the Said Elliot firost his Heirs and assignes forever I also Give and bequeath unto my Said Son Elliot ffrost all that my tracts or parcels of Land Lying in Sheeps gut River Between Sagadahok and Pemaquid which Land I bought of m' Jacob Clark and Alce his Wife of New Castle in the Province of New hamshire as appears by their Deed of Sale bearing Date Sixteenth of November 1719. with all the priviledges there- unto belonging to my Said Son Elliot his heirs and assignes forever.
(21) My Farm I now live on at Sturgeon Creek in Kit- tery as is mentioned and Expressed in the fourteenth Chap- ter of this my will Shall and here by is Excepted, and the Remaining part of all my other Land given Shall be a fee Simple to be Disposed of as they to Whom it is Given Respectively Shall Seem meet But in Case any of my afore- said Sons Should dye before they make any Disposition of their Respective parts or with out Lawfull Issue then and in Either Case the said lands Shall be divided between my other Sons or to their Heirs Respectively who then Shall Survive according to an act for the Settlements and Distribu- tion of the Estate of Intestates unless they or Either of them or Either of their Heirs or assignes Respectively shall See Cause to Intail the Same or any part thereof as they or Either of them Shall think fitt.
(22) My will is that my Son Charles and my Son John in
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Consideration of what out Lands I have in this my will- given them Shall pay with twelve months after my Decease unto my Son Simon the Sum of fifty Pounds apeice in bills of Credit and also to Supply him with Necessaryes untill he hath Perfected his Study at the Colledge according to the Discreation of my Overseers.
Lastly I do make Constitute and appoint my two Eldest Sons Charles and John ffrost to be the Executors of this iny Last Will and Testament Ordering them to observe & abide by this my will and I Do Desire my well beloved friends the Honble George Vaughan and John ffrost Esq" and Capt Timothy Gerrish to be my overseers to advise and assist my Executors in the faithfull Discharge of their trust
In Wittness that this is my last Will and Testament I have hereunto set my hand and Seal the 24 day of Septem- ber in Eleventh Year of his Maj's Reign anno Dom 1724 Signed Sealed Published pronounced Charles ffrost (Seal) and Declared by ye sd Charles ffrost as his last will and Testament in
the presence of us ye Subscribers. James Grant Samuell Small Samuell Johnson David Sawyer
Probated 5 Jan. 1721-5. Inventory returned 10 March 1724, at £10127: 03: 00, by Nicho- las Shapley, John Dennett and Nathan Bartlet, appraisers.
Probate Office, 3, 153.
In the Name of God Amen.
I Iohn Leighton of Kittery in ye County of York in ye Province of the Massachusetts Day in New England being Indisposed & Weak of Body but of Perfect mind & Memory Do make & ordain this to be my last will and Testament as followes Viz'.
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Impr I Recomend my Soul to God who gave it and my body to the Earth to be Decently Buried in Such maner as my Executrix hereafter Named shall Seem meet and as to what worldly Estate it has Pleased God to Give me I Give & Dispose in maner & form following Vizt
Impr I Give and Bequeath unto Oner my Dearly beloved Wife the Moiety or half part of all my Estate real and Per- sonal During her life.
Itm I Give & Bequeath unto my Beloved Son William Leighton his Heirs & assignes for ever my homestead & all ye Land thereto adjoyning with the Houses buildings & ap- purtenances thereto belonging also all my Land att Sturgeon Creek which I bought in partnership with Joshua Downing also Six acres of Heathy marsh also fourty acres of Land which is in Controversie with Capt" Shapleigh Excepting twenty acres which I hereafter Dispose of & two Acres of my home Steed in this my will to my Sons Iohn & Tobias Leighton.
Itm I Give & Bequeath to my beloved Sons John Leigh- ton and Tobias Leighton all my Part or Interest in the Tract of Land I bought in Partnership with m' Robert Cutt with my part of the mill Stream and Appurtenances thereon also fifty acres of Land I Purchased of Major John Whiple & my part of fifty acres formerly belonging to my Sister Eliz- abeth Leighton Decd to them ye Sa John Leighton & Tobias Leighton their Heirs and assignes for ever.
It" I Give and Bequeath unto my Beloved son Samuel Leighton all that my Tract of Land on the North East side of Simon's his Brook So Called Containing one hundred Acres to him his heirs & assignes for ever
Itm I Give and Bequeath to my Sons John Leighton & Tobias Leighton Each of them one acre of my home Sted near the Meeting house adjoyning to the Country road to be laid out to them as my said Executrix Shall See meet and also five acres Each of them of ye fourty acres in Controver- sie with Capt" Shapley if it Should be recovered to be laid
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out to them by my Executrix as afforsaid & five acres Each of my Land at Sturgeon Creek which I bought with Joshua Downing aforsd.
Itm I Give and Bequeath unto Oner my Beloved wife my land at Crooked Lane with my five acres at Sturgeon Creek & all other my lands in Berwick to be to her use During her life & at her Disposing among my Children as She Sees meet.
It" I Give unto my Beloved Daughter Eliza Wentworth one Hundred Pounds and to my Daughter Mary Gerrish fifty Pounds to be paid them by my Executrix and also my Iust Debts and funerall Charges to be paid and Discharged by her.
And Lastly I Do appoint my Dearly beloved wife Oner Leighton to be sole Executrix of this my last Will & Testa- ment and I Do Desire & appoint my beloved friend the rey- erend M' John Newmarch M' Robert Cutt & m' John Addams to be overSeers of this my last will & Testament and to be assistiug to my Executrix in Executeing the Same According to ye true intent & meaning thereof. In Testi- mony whereof I have hereunto set my hand and Seal this Seventh day of November Anno Domini one thousand Seven Hundred and twenty four Annog RI R$ Georgii Magnee Brittaniee &ct Undecimo.
Signed Sealed and Declared by John Leighton (Seal) John Leighton aforsª to be his Last
Will & Testament in presence of us
John Rogers Daniel ffogg Joseph Hamond Jun' George Hamond
Probated 24 Dec. 1724. Inventory returned 1 Jan. 1724, at 82788: 01: 08, by John Ad. dams, Daniel Fogg and Joseph Gunnison, appraisers.
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Probate Office, 3, 159.
In the Name of God Amen
The Twenty ninth Day of February in the year of our Lord one thousand Seven Hundred and Nineteen twenty I William Rogers of Kittery in the County of York in New England yeoman being Weak in body but of Perfect mind and memory Thanks be given unto God Therefore Calling unto mind the Mortallity 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 and first of all I Give and recomend my Soul into the hand of God that Gave it and my Body I Recomend to the Earth to be Buried in Decent & Christian Maner at the Discreation of my Executrix Nothing Doubting but at the Generall 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 ine in this life I Give Demise and Dispose of the Same in the following manner and. form.
Imprimiss I Give and Bequeath to Mary Rogers my Dearly Beloved Wife whom I Likewise Constitute make & ordain my Sole Executrix of this my last Will and Testa- ment all my Estate real and Personall of Every kind Qual- lity and specia what soever and in all parts and Places Where soever the same shall be or may be unto my aforsaid Dearly Beloved wife and to her heirs & assigns forever and I Do hereby Constitute & appoint Capt. William Pepperrell Jun' & m' Francis Pettigrove both of ye afors' Town of Kit- tery to be my Trustees & OverSeers of this my Said Will and I Do hereby utterly Disallow revoke & Disannull all and Every other former Testaments Wills Legacies and Be- quests Executrix & Executors by me in any wayes before Named willed and Bequeathed Ratifying and Confirming this and no other to be my last Will & Testament In Witt-
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ness whereof I have hereunto set my hand and Seal the day and year above written
Signed Scaled Published Pronounced & Declared by
William W Rogers (Scal)
mark
the said William Rogers as
his Last will and Testament in the Presence of us the Subscribers
Margery Whittemore Jane Pepperrell Mary Dearing
Probated 10 April 1725. Inventory returned 21 April 1725, at £540: 7: 0, by Joseph Weeks, James Breeden and Joseph Curtis, appraisers.
Probate Office, 3, 160.
In the Name of God Amen the twenty fifth day of Octo- ber Anno Domini one thousand Seven Hundred twenty and two I Nathaniel Keen of Kittery in the County of York in the Province of the Massachusets Bay in New England Car- penter being Aged and Weak in Body but of perfect mind and memory thanks be given to God therefore Calling unto mind the Mortality of my body Do make & Ordain this my Last will and Testament that is to say principally & first of all I Give and recommend my Soul into the Hands of God yt Gave it and my Body I recommend to the Earth to be buried in Decent Christian manner at the Discreation of my Exec- utors & as touching Such Worldly Estate wherewith it hath Pleased God to Bless me in this life I Give Demise & Dis- pose of ye Same in the following manner & form.
Imprimis I Give & Bequeath to Sarah my Dearly Beloved wife the Sole use and Improvement of fourty acres of the Land whereon I do now Dwell together with my Dwelling house Barn & other houseing on the said Land & stock of Creatures household Stuff & all other my moveable goods
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during her Naturall life for her Comfortable Support & maintenance & for the maintainance of my Daughter Abigail (Excepting and reserving out of the said Land that Land which I Shall hereafter in these presents give to my Daugh- ter Lydia) and if it should so be that ye income of what I have herein given to my Said Wife be not Sufficient for her and my Said Daughters Comfortable Support & maintain- ance then my said Wife hath full Power & liberty by these Presents to Sell or dispose of So much of the Stock of Creatures or Moveable Goods as Shall be need full for their Comfortable Subsistance.
Item I Do hereby Confirm unto my well beloved Son Nathaniel Keen that Land which I have heretofore given him and I also Give to him and to the Heirs Lawfully begotten by his Body for ever after the Decease of my wife either the moiety or one halfe part of the land which I have herein given to Sarah my wife ye use of During her Natturall life or Else as many Acres as the said Moiety or half Shall Contain lying next to the Land which he now Enjoyes and Possesses he my Said Son Nathaniel to Choose which he will of them Provided and on Condition that he and bis heirs as aboresd do with my Son Joseph Keen & his heirs after the Decease of my wife take Care of Support & Comfortably maintain my Said Daughter Abigail During her Naturall life the Charge there of to Equally born between them, and if my Said Son Nathaniel Should Depart this life and not leave any Legall Surviveing Issue to inherit what I have herein given him then my son Joseph Kene and his Heirs Lawfully Begotten by his Body Shall Inherit & Enjoy ye Same for ever.
Item I give to my well beloved Son Joseph Kene and to the Heirs Lawfully Begotten by his Body for ever fourty acres of Land lying next to the Land which I Have hereto fore given to my son Nathaniel to be Possest there of imedi- ately after my Decease I also give to him and to the Heir- Lawfully Begotten by his Body after the Decease of iny
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Wife the Moiety or one halfe part of the Land which I have Given her ye improvement of During her naturall life Pro- vided and on Condition that he & his Heirs as abovesaid do with his Brother Nathaniel take Care of Comfortably main- tain & Support my Daughter Abigail Keen during her natu- rall life the Said Joseph & his Heirs being at half ye Charge thereof and if it Should so be that my sd Son Nathaniel after the Decease of my wife Should make Choice of ye land that lyeth next to the Land he now Possesses for his part instead of the moiety or one half part of that which my wife had the use of During her naturall Life then it is my will that my son Joseph resign the said Land to him & Give him Quiet Possession there of and that my said Son Joseph & his Heirs as afforsd Enjoy and Inherit ye whole of that Land for ever which Sarah my wife had the vse of During her naturall life & what houseing Shall be on the land I have Given my wife the use of During her naturall life after her Decease Shall be Vallued by two or more men Chosen by my Said sons my son Joseph Shall have the Housing paying the one half part of the Sum totall yt the Housing Shall be Vallued at unto my Said Son Nathaniel & his heirs and if it should So be that my son. Joseph Kene Depart this life and not leave any Legall Surviveing Issue to Inherit what I have herein Given to him then my said son Nathanel Keen & his heirs Lawfully Begotten by his Body shall Possess and Eujoy the same for ever.
Item I Give to my well Beloved Daughter Deborah Barter besides what I have already given her Six pounds in money to be paid her by my Executors.
Item I Give to my Beloved Daughter Lidia Kene & her Heirs for ever five acres of Land to be taken out of that Land which I formerly bought of m' Robert Elliot but if she shall Se cause to Dispose of and Sell the said Land it Shall be to one of her above said Brethren & to none else & if She Should Depart this life and not leave legall Survive- ing Issue to inherit the said Land then my Said Son Joseph
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& his Heirs as above sd Shall Inherit it on Condition of his Conveying to & Possessing of my Said Son Nathaniel & his Heirs as abovesaid of two Acres & an half of Land next to the said Nathaniels Land I also Give to her ten Pounds in money to be paid her by my Executors
Item I Give to my well beloved Daughter Abigail Keen a feather Bed and furniture Belonging to it.
Item I Give to my well beloved Daughters Sarah Keen and Esther Keen ten Pounds in money to Each of them to be paid to them by my Executors.
Item I Give to my well beloved Grandaughter Mary Kene ten Pounds in money to be paid to her by my Executors.
Item I give to my well beloved Daughters abovesd Deborah Barter Lidia Kene Sarah Kene Hester Kene & my Gran- daughter Mary Kene all Such Stock of Creatures house- hold Stuff & moveable Goods as Shall be remaining at the Decease of Sarah my wife to be Equally Divided between them.
Finally What ever Estate Both real and Personall I have yet remaining not Disposed of I Give to my two Sons Nathaniel Keen & Joseph Kene and to their Heirs & assignes forever to be Equally Divided between them willing & requiring them to pay all my Iust Debts & my own & my wifes funerall Charges and the Severall Sums of Money in these presents Given and bequeathed. I Do Likewise Constitute make and ordain my sons Nathaniel Kene & Joseph Kene my Sole Executors of this my Last Will and Testament & I Do also Desire and appoint my much respected friends M' John Dennet & M' John ffernald to be Overseers of this my Last will and testament that my Exe- cutors faithfully Perform the trust and Charge Comitted to them and and I Do hereby utterly Disallow revoke and Dis- annull all & Every other former Testaments Wills Legacies Bequests and Executors by me in any wayes before named willed & Bequeathed ratifying and Confirming this and this & no other to be my last Will and Testament In Wittness
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whereof I have hereunto Set my hand and Seal the day and year above written. Nathaniel Kene (Seal)
Signed Sealed Published pronounced
& Declared by the said Nathanell Kene
as his last will and Testament in the
presence of us the Subscribers.
John Dennet of the mark X Daniel Jones
Thomas rice
Probated 5 Jany 1724-5. Inventory returned 8 May 1725, at £705: 11: 6, by John Fernald, Richard Gowell and Withers Berry, appraisers.
Probate Office, 3, 163.
Arundel August ye 28 1724.
The Deposition of William Huges & Ruth Huges of full age Saith that they heard Iames Fite Henry Say that he Desired to make a wife of Iennet McCulland and Some few Days before he was killed by the Indians and he told us that if he Should be taken away Suddenly it was his will and · that he gave unto his Girl Iennet McCulland all the Estate be had and that the above sd James Fite Henry was at the Same time in his Majesties Service and that this Deposition was Comitted to writing within Six Days after it was known he was Killed by the Indians.
William
his Huges
mark
Sworn to 3 Nov. 1721, by William Huges, also 28 Jan. 1724-5, by Rath Huges. AI- Jowed in Court and probated 28 Jan. 1724-5.
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Probate Office, 3, 163.
In the Name of God Amen The Twenty Eighth day of December one Thousand Seven Hundred & twenty four I Iames Emery of Berwick in ye County of York and within his Majts Province of the Massachusets Bay in New England Husbandman, being Very Sick & weak in body but of per- fect mind & memory Thanks be given unto God, therefore Calling unto mind ye Mortality of my body & knowing it is appointed for all men once to die doe make & ordain this my Last will And Testament, that is to Sty, principally & first of all I give & Recommend my Soul Into ye hands of God yt gave it, & my body I recommend to ye Earth, to be buried In decent Christian burial at ye discretion of my Exe- cutor & Executrix, Nothing doubting but at ye general res- urrection I Shall Receive the Same again by ye Mighty power of God ; And as touching Such worldly Estate where- with it hath pleased God to bless me in this life I give demise & dispose of ye Same in ye following Manner & Formn.
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