Maine wills. 1640-1760, Vol. I, Part 32

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 32


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Item, I Give & Bequeath to my two Daughters Mary the the Wife of James Donnel & Susanna the Wife of John Milberry five pounds each besides what they have already Received.


Item, I Give & Bequeath to my four Sons Jonathan, Joseph, Henry & Jeremiah, all my aforesaid Grist & Saw Mills in York aforesª to be possessed & enjoyed by them immediately after my Wifes Decease & to be Divided among them in the following manner, that is to say to my Son Jona- than one quarter part of my said Mills & privilidge, to my Son Joseph one half part of my said Mills & privilidge, and to my Sons Henry & Jeremiah the remaining quarter part to be Divided between them.


Item, I Give & bequeath to my two youngest Daughters Miriam & Hannah Fifty five pounds Each to be paid them respectively at their Marriage Day.


Item, I Give to my Son Jeremiah aforenamed my half of my dwelling Hous aforesaid with ye Land belonging thre- unto one half the Barn and Garden to be possessed by him immediately after my Wifes Decease.


Item, my Will is that after my Wifes Decease my Comon Rights or Shares aforesaid shall be equally Divided among my Sons which shall then be liveing.


And I hereby Constitute make & Ordain my aforesª Wife Mary & my Son Jonathan my joint Executors of this my last Will & Testament and I Do also hereby utterly Disallow Revoak & Disannul all & every other former testaments Wills Legacies & bequests & Executors By me in any ways before named Willed & bequeathed. Ratifying & confirming this


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MAINE WILLS.


& no other to be my last Will & Testament/ In Witness whereof I have hereunto set my Hand & Seal ye Day & Year first afore written.


Signed Sealed Published pronounced Joseph Sayword (Seal) & Declared by ye sª Joseph Say-


word as his last Will & testament


in the Bsence of us the Sub-


scribers.


Sam" Milberry Nathaniel Preble Dan' Moulton


Probated 17 May 1742.


Probate Office, 6, 17.


In the Name of God Amen, the 22ª Day of March 1741. I Mathew Simonton of Falmouth in the County of York Marriner being of perfect mind and memory thanks bee to God, therefore calling unto mind the mortality of my Body & knowing that it is appointed for all men once to Die Do make & Ordain this my last Will & testament that is to say Principally & first of all I give & Recomend my Soul into ye hands of God that gave it, and my Body I Recomend to the Earth to be buried in a Deacent Christian burial at the Discretion of my Executors nothing doubting but at ye 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 give, Demise & Dispose of ye same in ye following manner & form.


Item/ I Give & bequeath unto my well beloved Father Andrew Simonton & also to my beloved Mother Ann Sim- onton whom I Likewise Constitute make & Ordain my Sole Executor & Executrix of this my last Will & testament all


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MAINE WILLS.


& singular my Lands & tenements money & Sloop & all & singular every part & parcel of my Estate be it in what Species it will by him & her fully to be possessed & enjoyed they or any of them yeilding & paying unto my Nephew Mathew White two hundred pounds ; and unto my loveing Wife the third part of all visible & invisable Estate in my possession at the signing of these presents. but if in Case my Wife should bring forth either Son or Daughter then and not otherwise he or She is hereby to be Heir of the whole after he or She comes to the Years of Heirship and I hereby utterly Rovoak & Disannull 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 & testa- ment in Witness whereof I hereunto set my hand & Seal ye Day & Year above written.


Signed Sealed published pronounced Mathew Simonton & Declared by ye sª Mathew Sim- onton as his last Will & testament


in ye psence of us. John Oryan Samuel Been


Samuel Dolever


Acknowledged 21 May 1742. Probated 25 Ang. 1742; Inventory returned at £3095: 3: 2, by Dominicus Jordan, Sam" Moody and David Stickney, appraisers, 11 June 1742.


Probate Office, 6, 19 ..


York June the 12th 1742. I Thomas Payne being sick in Body but through the Mercys of God I have the free Use of my Reason and not knowing how short a time I shall con- tinue so I see Cause to dispose of my Estate as following.


Imprimis/ It is my Will that my well beloved Wife Mary Payne shall have the disposeing of the income of all my


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MAINE WILLS.


Estate during her Life and after her Decease it is my Will that my Eldest Son Thomas Payne shall have the whole of all my Estate both Real & Personal he paying out to his Brother & Sisters as following. to my Son Daniel Payne one Hundred and fifty pounds & to my Daughter Elizabeth Payne two Hundred pounds


Item, It is my Will that my Daughter Mary Bradbury formerly Mary Payne shall have five shillings more besides what She has had already. It is my Will that my Daughter Jane Payne shall have paid her one hundred pounds five shillings & likewise to my youngest Daughter Sarah Payne one hundred pounds five shillings. It is my Will that the whole of the parts that is to be paid out of my Estate is to be according to the old tenor or a quarter part in ye new tenor.


Item, It is my Will that my Daughter Elizabeth shall haue the Room that is in the Southern part of my House & one barrill of Cyder yearly & Cellar room for Her as long as She continues unmarried.


I Order my Son Thomas Payne to pay all my Just Debts & Funeral Charges whom I appoint to be the Sole Executor of this my last Will & testament.


Signed Sealed & Declared to be


Thomas Payne (Scal)


his last Will & testament in


psence of us.


Sam" Sewall


Nathan Raynes


Norton Woodbridge


Probated 19 Oct. 1742.


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MAINE WILLS.


Probate Office 6, 23.


In the Name of God Amen the twenty eighth Day of March Anno Domini one thousand seven Hundred thirty & Eight I John Dennet Senior of Kittery in the County of York in the Province of the Massachusetts Bay in New England Yeoman - being sick and weak in Body but of sound disposing mind & 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 and first of all I give & Recommend my Soul into the hands of God that gave it and my Body I Recomend to the Earth to be buried in & Christian like & decent man- ner at the discretion of my Executors, and as touching such worldly Estate wherewith it hath pleased God to bless me in this Life I give Demise & Dispose of in ye following manner & form.


Imprimis, I Give & bequeath to my well beloved Wife Mary Dennet my Negro man named Pompey during her natural Life to be under the Care & order of my Son Thomas Dennet and after the Decease of my said Wife I Give & bequeath the said Negro to my said Son Thomas Dennet & his Heirs. During the Negros natural Life. and I also give to my said Wife the one half part of ye remainder of my Personal Estate to be to her own proper use benefit & behoof forever and also one half of my Dwelling Hous & Barn & out housing and also one third part of the Apples & Cyder one third part of the Corn & other Grain one third part of my Pasture Land one third part of the Hay that shall be raised on my Real Estate & also one third part of what ever else shall be raised or produced of the said Estate and also sufficient firewood during her natural Life.


Item, I Give & bequeath to my beloved Son John Dennet & his Heirs for ever one half part,of all the Lands which I now possess in the town of Kittery (that is to say) one half


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MAINE WILLS.


of my Orchard Land mowing Land tillage Land pasture Land & wood Land to be to their own proper use benefit & behoof forever.


Item, I Give & bequeath to my beloved Son Thomas Dennet and his Heirs the other half part of all my Lands which I now possess in the town of Kittery aforesd that is to say one half part of my Orchard Land, mowing Land tillage Land Pasture Land & wood Land to be to their own proper use benefit & behoof forever & also the other half part of my Dwelling Hous & Barn & out Housing to be to their own proper use benefit & behoof for ever; I also give to my said Son my two Oxen to be at his disposall/ The Gifts to my two Sons aforesaid are upon Condition that they faithfully Improve the said Estate & render & pay to their Mother Mary Dennet the third part of ye produce as abovesaid which if they neglect or Refuse to do my Will is that She shall baue the Liberty to haue and improve what part of my Estate She shall see fit for her Comfortable Support ; and after the Decease of my said Wife I Give & bequeath to my abovesaid Son Thomas Dennet & his Heirs the other half part of my Dwelling House & Barn & out housing which I Gave to her during her natural Life to be to their own proper use benefit & behoof forever. My Will is that if either of my Sons shall Dye & leave no Lawfull Issue Sur- viveing that my surviveing Son shall Inherit the whole of my said Estate. after the Decease of my abovesd Wife I Do hereby Give leave & Liberty to my abovesaid Sons if they see Cause to dispose any part of my sd Estate to Each other by Deeds of sale or Deeds of Exchange or to Divide my said Estate as they shall see meet but not to sell or dispose of any part of it to any other Person.


My Will is that if my said Sons see any prospect of pur- chasing any Lands to their advantaige I Do hereby gine them liberty to sell my said Lands both together as one & not Else My Will is that my said Sons shall not sell or any


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MAINE WILLS.


other way dispose of any timber wood or under wood to any Person or Persons whatsoever which if either of them shall presume to Do he shall forfit his Right to the abovesaid Lands to the other, and the other shall possess & Enjoy the same & he shall have twenty shillings in money paid him & no more. My Will is that my Wife & my two Sons to whom I have given my abovesd Estate or any other Person or Persons that shall hereafter Inherit said Estate that they look after & take care that my beloved Daughter Mary Den- net have a Comfortable & Good maintainance during her natural Life.


Item, I Give and bequeath to my beloved Sons aforesaid the other half part of my personal Estate and also my Rights in the Common Lands in the Townships of Kittery & Berwick to be Equally divided betwixt them and to their Heirs for Ever to be to their own proper use benefit & be- hoof for ever provided they pay my Debts Funeral Charges & Legacies hereafter mentioned.


Item, I Give & bequeath to my beloved Daughter Sarah Hill, forty shillings in Currant money of New England aforesaid besides what I have heretofore given her.


Item, I Give & bequeath to Sarah Hooper twenty pounds in good currant money of ye said New England to be paid at or before the end of two years after my Decease.


Lastly I Constitute make & Ordain my abovesd Sons John Dennet & Thomas Dennet my only & sole Executors of this my last Will & testament & I Do hereby Utterly Revoak Dis- allow & Disannul all & every other Testaments Wills Lega- cies bequests & Executors by me in any ways before named or willed or bequeathed Ratifying & Confirming this & no other to be my last Will & Testament


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MAINE WILLS.


In Witness whereof I haue hereunto set my Hand & Seal the Day & Year that is in these presents first written. Signed Sealed Published Pronounced John Dennet (Seal) & Declared by ye said John Dennet as his Last Will & Testament in ye presence of us the Subscribers Joseph Fernald Enoch Staple Benjamin Fernald.


Probated 14 Dec. 1742.


Probate Office, 6, 28.


In the Name of God Amen I Samu'l Hutchins of Arun- dell in the County of York in New England Husbandman being very sick & weak in Body but of perfect Mind & Memory. Thanks be given unto God & calling unto mind the mortality of my Body & Immortality of my Soul & 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 & recommend my Soul into the hands of God that gave it & my Body to the Earth to be buried in decont Christian Burial at the Discretion of my Executrix nothing doubting but at ye General Resurrection I shall receive ye same again by the mighty Power of God, and as to ye Worldly Estate with which it hath pleased God to bless me I give & Dispose of the same in the following Manner & form. Imprimis, To Hannah my well beloved Wife whom I ordain Sole Executrix of this my last Will dureing her State of Widowhood for her comfort and Sup- port I give the Use & improvement of all my Estate Real & Personal within Doors & without, excepting my Mare which I give my Son Levi, & an equal Share & Right in with his Mother, and it is my Will that as I appoint Simeon & Levi


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MAINE WILLS.


with their Mother to defray my Funerall Charges & all my Just Debts; so between these my two Sons aforesaid I equally divide all my Real Estate at Home & abroad assign- ing to my Son Simeon that half part of my Homestead that lyeth Southward toward the Sea being thirty two Poles in breadth & if either of these two sons Simeon & Levi dye without Lawful Issue my Will is that the surviveing Son shall own Possess & Enjoy the whole.


Item. I Give & dispose of my three Guns as follows Viz : to Simeon the longest, to Levi the next longest, & ye other to my Son David, to whom I also give the sum of five shil- lings & to my other three Sons : Caleb Joseph & Samuel I give ye like sum of five shillings, and to my Daughters I give in like manner Viz : to Mary the wife of M: John Mer- rell the sum of five shillings & to Han ah the Wife of Mr John Burbank five shillings, to Lydia the Wife of John Jel- lison tive shillings & to her the sd Lydia I also give after ye Death of her Mother the Bed on which I lay with all ye Bedding belonging to it & 'tis my intent & meaning that ye several Crowns aforesaid be paid to Each Child respectively in Province Bills of ye last Emission : In Witness whereof I hereunto set my Hand & Seal ye twentieth Day of October Anno Domini one thousand seven hundred & forty two & in ye 16 Year of his Majestys Reign. his Signed Sealed Published pronounced & Declared by Samuel Hutchins (Seal) ye s" Samuel Hutchins as mark his Last Will & Testament in ye presence of us the Subscribers. Edward Melcher Eliza Melcher Abigail Curtis.


Probated 28 Dec. 1742. Inventory returned, at £722: 6: 9, by Joshua Walker, John Wakefield and Jacob Curtis, appraisers, 12 Jany 1742-3.


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MAINE WILLS,


- Probate Office, 6, 34.


In the Name of God Amen the first Day of January Anno Domini one thousand seven hundred & thirty Nine I Mar- gery Pepperrell of Kittery in the County of York in the Province of the Massachusetts Bay in New England Widow being weak and infirm in Body but of perfect Mind & mem- ory thanks be given unto God; therefore calling 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 & Recomend my Soul into the Hands of God that Gaue it : And my Body I Recomend to the Earth to be buried in decent Christian Burial at the Discretion & at the Sole Cost & Charges of my beloved Son William Pepperrell : 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 and form.


Imprimis, I give to my beloved Sister Mary Dearing my mourning Suit of Apparell.


2ªly I give to my well beloved Son William Pepperrell his Heirs & assigns for ever (besides what I bave heretofore given him) the Horse Oxen & Cows which my Husband William Pepperrell, late of Kittery Decesd gave to me in his last Will & Testament.


3by I give to my beloved Daughter in Law Jane Frost ten pounds in Currant money or passable Bills of Credit on the aforesaid Province.


4' I give to my much Respected Friend the Rev. M. John Newmarch five pounds in Currant money or in passable Bills of Credit on the aforesd Province.


51y I give to my well beloved Daughters Mary Frost, Margery Gunnison, Miriam Tyler, Dorothy Newmarch, & Jane Clark (besides what I have heretofore given them) all my wearing Apparel of every sort & kind (Except what I have in these presents given to my Sister Mary Dearing) to be Divided amongst them in, equall Shares or Portions. I


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MAINE WILLS.


also give to my above named Daughters Mary Frost Margery Gunnison Miriam Tyler Dorothy Newmarch Jane Clark & my Grandaughters Sarah Frost & Margery Wentworth the Children of my Son Andrew Pepperrell & my Grandebil- dren, Margery Gerrish, Mary Moody Elizabeth Hale Joanna Frost & Dorothy Pitman, the Children of my Daughter Joanna Jackson Decesd all the Residue or Remainder of my Estate of every sort & kind whatsoever & in whatsoever place ; to be Divided into seven Shares or Parts Each of my above named Daughters to have one Share or part & my two Grandaughters the Children of my Son Andrew Pepperrell Decesd one Share or part to be Equally Divided between them & my Grandaughters the Children of my Daughter Daughter Joanna Jackson Decesd one Share or part to be Equally divided amongst them. And if it should so happen that any of my above-named Daughters or Grandaughters should depart this Life before what is in these Presents given be Received then the Decesd Share, Part or Portion shall be delivered to such as shall legally represent her. Finally I Do by these presents Constitute make & Ordain my beloved Son William Pepperrell & the Rev. M. John Newmarch my Sole Executors of this my last Will & testament. And I Do hereby utterly disallow revoke & disannull all & every other former Testaments Wills Legacies & bequests & Exec- utors 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 set my Hand & Seal the Day & year above written.


memorandum that the word Deceased was interlined before Signing.


Signed Sealed Published Pro- Margery Pepperrell (Seal) nounced & Declared by ye


said Margery Pepperrell as


her last Will & Testament in


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MAINE WILLS.


the presence of us the Subscribers. We Dearing John Dearing Jnº Watkins


Probated 26 May 1741. Inventory returned 24 Feby 1741, at £333: 12: 2, by Samuel Lant, William Dearing and John Dearing, appraisers.


Probate Office, 6, 44.


In the Name of God Amen the thirteenth Day of May Anno Domini one thousand seven Hundred forty & three I John Walker of Kittery in the County of York in the Province of the Massachusetts Bay in New-England Ship- wright being very sick and weak in Body; but of perfect mind & memory thanks be given to God : therefore calling 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 and Recomend my Soul into the hands of God that gavs it ; and my Body I Recomend to the Earth to be Buried 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 (after my Funeral Charges & Just Debts are paid) I give demise & Dispose of the same in the following manner & form.


Imprimis, I give & bequeath to Mary Walker my dearly beloved Wife the Use Improvement, Incom & Profits of all my Estate both Real & Personal for her own comfortable Subsistance & maintainance during her natural Life & for the maintainance and bringing up of my Children that are not of a Lawfull Age untill they shall arive to that Age Except- ing twenty Acres of my Land which I have at Arundell that I give to my Son Gideon Walker.


-


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MAINE WILLS.


2's I give to my well-beloved Son Gideon Walker his Heirs & assigns for ever twenty Acres of my Land which I have at Arundell aforesaid lying by the Land of Samuel Perkins and to run the whole length of my Land & in breadth into my Land so far as will compleat twenty Acres holding the same breadth from one end to the other the said twenty acres to be laid out to him joining to ye said Samuel Perkins his Land.


3' I give to my well-beloved Children Gideon Walker John Walker, Elizabeth Walker & Mary Walker after the Decease of Mary my Wife all the Remainder of my Estate both Real & Personal whatsoever & in what place soever to be equally Divided between them upon a Just apprisal or valuation ; only & be it always understood that my Sons Gideon Walker & John Walker shall inherit & possess all my Housing & Lands and if there should not be enough of Per- sonal Estate to make my Daughters Portions or Shares equall in value to their Brothers upon a just apprisal then my aboue named Sons Gideon & John shall pay unto their Sisters Elizabeth & Mary so much as will make all their Shares or Portions equall.


4'y And if it should so be that the income & proffits of my Estate should not be Sufficient for the comfortable main- tainance of my Dearly beloved Wife Mary Walker and to bring up my Children untill they shall come to Lawfull age, She hath by these presents free leave & full Power to dis- pose or sell so much of the personal Estate as shall be sufficient for these Ends ; any thing to be contrary men- tioned in this my last Will & Testament notwithstanding.


Finally I Constitute make & Ordain my Dearly beloved Wife Mary Walker my Sole Executrix of this my last Will & Testament : And I Do hereby utterly disallow Revoke & Disannul all & every 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


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MAINE WILLS.


I have hereunto Set my Hand & Seal the Day & Year above written.


Signed Sealed Published Pronounced John Walker (Sea!) & Declared by the said John


Walker as his last Will & Testament


(after the words my Land & be were


interlined in the psence of us the


Subscribers. Roger Mitchell Wm Walker Thomas Fernald John Newmarch.


Probated 19 July 1713. Inventory returned at £1358: 12: 6, by Roger Mitchell, Sam Lunt and We Dearing, in Kittery, and at £305: 18: 0, in Arundel by Phillip Dorrel, John Whitten and John Mitchell, appraisers, 28 Sept. 1743.


Probate Office, 6, 49.


In the Name of God Amen the twenty third Day of March in the year of the Incarnation of Christ one thousand seven hundred & forty two and in the sixteenth Year of the Reign of King George ye second, I Joseph Hill of Wells in the County of York within ye Province of the Massachusetts Bay in New England Esq' being by the providence of God reduced to a Low state of health and Expecting that the time of my Departure is at hand Knowing that I must shortly Dye yet being at present of a sound Mind Do make and Ordain this my last Will & Testament resigning my Soul into the Mercifull hands of Christ my Redeemer hopeing for Salvation in and through him alone; as touching such worldly Estate as God hath been pleased to bless me with in this Life I Give Devise & Dispose of the same in the follow- ing manner, viz :


Imprimis, My Will is that my Executors pay all my Just


60


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MAINE WILLS.


Debts and such Expence as shall be Necessary for a Decent Funeral at their Discretion out of my. moveable or Personal Estate in Convenient time after my Decease but not to pay ye same out of such of said moveables as shall be hereafter mentioned and given away to any as Legacies.


Item, I Give and bequeath to Sarah my well beloved Wife all the Household Stuff and Every other thing She brought to me when I Married her (Except such things as are wasted in ye useing) also one good Feather Bed and Furni- ture besides ye Goods aforesaid such as She shall Choose of those that I have also my Negro Boy Tom - and one third part of all such of my Personal Estate that shall remain over & above what shall pay & satisfy all my Debts & other Charges & Legacies in this my Will given & to be given to others.


Item, I Give & bequeath to my said Wife the Use & Im- provement of one half part of my Homstead whereon I now Dwell Viz : Lands & Meadows which I bought of Joseph Boles with the half of ye buildings & privilidges thereto belonging - her half ye Dwelling House to be ye Western End of the same as also half of my Saw Mill & priviledge at Merryland in Wells aforesaid and the service of my Negro Man named Sharper -and this Viz : the said half of said Houses Land Mills & service of said Negro Sharper to be for her use during her Widowhood.


Item, I Give & bequeath to my well beloued Grand Daughter Hannah Hill the Daughter of my Son Nathaniel Hill one Feather Bed & Beding & also half a Dozn of silver Spoons.


Item, I Give & Bequeath to my Grand Son Joseph Hill my Silver Tanker provided he live to full age but if he dont live to that age then to his next Brother in the same manner but if he Dyes before he Comes of age then to the next & to be under the Care of my Son Nathaniel Hill till some one of them shall be of full age - also one feather Bed & Beding to such of my Grandsons as shall first arrive to full age.




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