USA > Maine > Maine wills. 1640-1760, Vol. II > Part 13
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Impr Twenty Acres of Land joining to John Stewart & Twenty Acres joining to James Shute, and thirty Acres lying over None Such River, I give to my hond Father and
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Mother during their Life, and after their Decease to be given to my Bother Joseph Munson. to him & his Heirs
Item. I give my moveables to my hond Father & Mother
I do make constitute & ordain my hond Father sole Execr of this my last Will & Testament. In Witness whereof I have hereunto Set my Hand & Seal the Day and year above mentioned. Stephen Munson (Seal) Signed Sealed pronounced & declared
by the Sd Stephen Munson as his last Will & Testament in the pres- ence of us the Subscribers Nathaniel Finlayson
Jonathan Archer her Olive X Sevey mark
Probated 30 September 1751.
Probate Office, 8, 137.
In the Name of God Amen. I William Whipple of Kittery in the County of York in the Province of the Massa : Bay Mariner being Sick & weak but of sound disposing Mind and Memory, and considering the Uncertainty of Life, and not knowing but that the time of my Departure out of this Life is near, Do make this my last Will & Testament. And after humbly comitting my Soul to God the Father of Spirits, hoping for his pardoning Mercy thro the Merits & Mediation of Iesus Christ and my Body to a decent Inter- ment according to the Discretion of my Executor herein after named believing in the Resurrection & hoping for eter- nal Life. My Worldly Estate I give & devise in the follow- ing Manner & Form, that is to Say,
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Impr. My Will is that all my just Debts & funeral Charges be paid by my Executor in convenient time after my Decease, and that he dispose of any of my personal Estate for that purpose as Soon after my Deccase as he can with conven- iency. And if it is necessary for that End to Sell any of my real Estate I hereby give him full Power to do it in Such Way & manner as he Shall judge best only excepting the Land I purchased of the Moggerages.
Item. Whereas by the Providence of God my Wife Mary Whipple is so indisposed in mind as to be incapable of Business, I give her One third part of my personal Estate but to remain in ye Hands of my Executor to be applied to her Use as he Shall judge proper and if it Should please God to restore her to her former Capacity then to be delivered to her.
Item. I give & bequeath to my Daughter Mary Traile twenty Shillings lawful Money She having already received her Portion of my Estate.
Item. My Will is that my Executor take the Care of my Children that are now at home that he take proper Care of their Education according to his Discretion, and to put the Boys to Some Suitable Business & Employment and I do hereby give him full Power to bind them out by Indentures of Apprenticeship for that purpose if he Shall see Cause I also give to my Executor full Power & Authority to Sell any of my real Estate (excepting as aforesd) if he Shall apprehend he can apply the Money to be raised thereby more to the Advantage of my Children than by keeping the Same for them. And that he defrey the Charge of their Maintenance & Education out of any part of my Estate still excepting as aforesaid.
Item. All the Residue & Remainder of my Estate I give devise and bequeath to & among my four Children William, Robert Cutt, Joseph & Hannah equally divided (saving & excepting that I give my Silver Hilted Sword & my Watch
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to my Son William over & above his equal Share) to Hold to them respectively & their respective Heirs Executors & Admin's forever.
Lastly, I do hereby constitute & appoint my Brother Joseph Whipple sole Executor of this my last Will & Tes- tament and revoke all other Wills by me heretofore made.
In Witness whereof I have hereunto Set my Hand & Seal ye twenty first Day of Iune One Thousand seven Hundd & fifty one. Wm Whipple (Seal) Signed Sealed & declared by ye
Sª Wm Whipple to be his last
Will & Testamt in presence of us Witnesses who Subscribed in his presence. Ebenezer Fernald Ebenez Fernald jun' Ionathan Fernald.
Probated 3 September 1751. Inventory returned 26 Sept. 1751, at £712: 6: 7, by Thomas Cutt, Ebenezer Fernald and John Godsoe, appraisers
Probate Office, 8, 139.
In the Name of God Amen. The seventeenth Day Day of January in ye Year One Thousand Seven Hundred & Fifty two, I Nicholas Shapleigh of Kittery in the County of York within the Province of the Massachusetts Bay in New-Eng- land Esq' being thro divine Favour & Goodness in good Health of Body and of sound Mind and knowing that I must die but how Soon or Suddenly my Death may be I know not hoping whenever it Shall be that it may be in peace with God thro his Son Iesus Christ. and willing to Settle the Affairs of my House by disposing of my Estate in a just & equitable Manner to & amongst my Children do make & ordain this my last Will and Testament.
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Impr. My Will is that all just Debts & funeral Charges and Legacys be duly paid & discharged by those of my Sons, who I Shall hereafter in this my Will name as Executors, out of that part of my moveables which I Shall in this my Will give to them.
Item. I give & bequeath unto Martha my well beloved Wife one full third part of my real Estate namely one Third part of my House and Lands and Mills with the Appurte- nances belonging to the Farm whereon I do now dwell in Kittery for Quantity & Quality for her Support during her natur1 Life.
Item. I give & bequeath unto my Said Wife one full third part of all my Goods & moveable Estate forever free from any Payments or Charges. Item. I give & bequeath unto my Sª Wife as a Legacy over & above all her Thirds before mentioned the Sum of Thirteen pounds Six Shillings & Eight pence to be pa to her by my Sons who shall be named Executors out of what I Shall give to them.
Item. I have already given by Deed to my oldest Son John Shapleigh my House & Lands & Mills at Spruce Creek in Kittery which I had of my Aunt Curtis, and Several other Lots & parcels of Land which I intended for his full Portion of my Estate to which I now add five Shillings to be paid him by my Execrs in full of his Portion.
Item. I give & bequeath unto my third Son Alexander Shapleigh and to his Heirs & Assigns forever Several parcels of Land in Kittery Viz' One parcel containing about three Acres or be ye Same more or less lying on the Northside of the High Way & bounded by the Same beginning four Rods Southwest from the Spring & running fourteen Rods North- west and so back to the fence called Iohn Fry's Fence and by the Same to ye High Way, and is the Same Land where- on the Said Alexander hath a Tan Yard & Bark House. Also I give to the Said Alexander his Heirs & Assigns about Forty Acres of Land be the Same more or less on the South Side of the Same High Way where his House Stands
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extending from the Parish or Ministry Land as ye Way goes Easterly & Northerly so far as to take in the Swampy Ground opposite to the House where Iohn Fry lives to a : Young Orchard, and by the South Side of the Said Orchard straight into the Woods to a Forty Acre Lot in Possession of ye Family of Leightons, and extending Southward, so as to take all my Lands adjoining on the South of said Bounds including ye Lands upon the Hill which I, bought of Moses Hanscom. I also give him Four Acres of Meadow Land at a place call'd Morrells Swamp. And all my part of the Marsh that lies in Sturgeon Creek Marshes called the little Marsh between the Marsh of Mr Charles Frost and the Marsh of Capt" John Heard Decd. Also Two Acres of Wood Land adjoining to a parcel of my Land call'd Joshua's Swamp at Sturgeon Creek all which parcels of Land I give to ye Sª Alexander in Fee Simple forever.
Item. I give & bequeath unto my well beloved Daughter Susanna Scammon Thirteen pounds Six Shillings & Eight pence lawful Money to be paid by my Sons Executors of this my Will. I also give to her One Acre of Wood Land joining to my Son Alexander's Land And I also give her the Priviledge of Pasturing one Cow for so long a time as She Shall live in Kittery.
Item. I give & bequeath unto my Second Son Nicholas Shapleigh and to my three younger Sons Viz' Samuel Shap- leigh Tobias Shapleigh & William Shapleigh all other my Houses & Lands in Kittery and Berwick and in all other place & places, And all other my Estate real & personal whatsoever & wheresoever. And the Reversion of of my Wife's Thirds in my real Estate To Have & To Hold to them my Said Sons Nicholas Samuel Tobias & William in equa parts or Shares to them & their respective Heirs & Assigns in Fee Simple forever to cach of them one quarter part thereof in Fee they paying in equal proporition all my Debts funeral Expence & Legacies as in this my Will is before mentioned.
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Item. I make Ordain & appoint my loving Wife Martha together with my Sons Nicholas and Alexander Samuel Tobias & William to be Execut's of this my last Will & Tes- tament, willing them well & truly to execute this my Will according to the true Intent & meaning of the Same. I give to my Execut" all my Right & part in the Sloop
Lastly I do hereby utterly disallow revoke & make null & void all & every other Wills & Testaments Legacys & Bequests by me in any Manner before made either in Word or writing, hereby ratifying establishing & declaring this and no other to be my last Will & Testament.
Signed Sealed published pro-
nounced and declared, by ye Sd Nicolas Shapleigh Esq to be his last Will & Testam in presence of
John Rogers Clemt Jackson Joseph Staple Noah Emery.
Witness my Hand & Seal After some Interlineations made for Susanna Scam- mon, Alexander made Ex- ecutor and the Bequest of ye Sloop. Nicholas Shapleigh (Seal)
Probated 6 April 1752. Inventory returned 13 Dec. 1752 at £ 4501: 7: 10, by James Gowen, We Leighton and Robert Morrell appraisers,
Probate Office 8, 141.
In the Name of God Amen. I John Thompson of Kittery in the County of York in the Province of the Massachusetts Bay in New England yeoman being aged & infirm of Body, but of sound Mind & Memory, and considering the uncer- tainty of Life do make & ordain this to be my last Will & Testamt and after humbly committing my Soul into the Hands of God the Father of Spirits, hoping for his pardon- ing Mercy thro the Merits of Jesus Christ our Lord And my Body to the Dust to be decently buried according to the Discretion of my Executors herein after named believing in the Resurrection of the Body & hopeing for eternal Life.
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MAINE WILLS.
That worldly Estate which God in his good Providence has given me, I give devise & bequeath the Same in the follow- ing Manner & Form.
Impr. My Will is that all my just Debts & funeral Charges be paid by my Executes within convenient time after my Decease.
Item. I give bequeath & devise to Elizabeth my well beloved Wife one full third part of my personal Estate to be at her own disposal, And one full third part of my real Estate to hold to her and her Heirs & Assigns during her natural Life, and if this Shall not be sufficient for her Sup- port, It is my Will that my Executors deliver her so much of the produce of my other Lands (which Shall not be assigned her for her third part) yearly as will be Sufficient with what is given her as aforesaid to afford her a comforta- ble Support.
Item. I give to my Brother Samuel Thompson and to my Sisters Hannah Hughs & Mary Fernald to each of them ye Sum of Thirteen Shillings & four pence lawful Money to paid by my Executors in the produce of my Estate or profits of my Land within Five Years after my Decease.
Item. I give & devise to Parker Foster the Son of Han- nah Foster a piece of Land containing One Acre & Thirty poles bounded as follows viz' Beginning at the High Way about four poles Northwesterly from my Well, and to run on a Square from Said High Way which is nearest Southeast by South ten poles inclosing Said Well about four Foot to the Eastward, and then to run nearest Northeast by East or parallel to the Sa high Way Nineteen poles, and then run- ning Northwest by North or on a Square Ten poles to Said High Way, and by Said High Way to the beginning, together with my dwelling House Barn & all the Buildings thercon to him his Heirs & Assigns.
Item. My Will is that the Said Parker Foster Shall in Some convenient time after he comes to the Age of twenty
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one years pay or deliver One Thousand five Hundred Feet of merchantle pine Boards unto Amos Paul hereafter named.
Item. I give & devise to Amos Paul my Nephew a piece of Land bounded by the aforesd High Way at the Westerly End of the afore bequeathed Land to Said Foster, Beginning at ye Way and runs Southerly by Said piece of Land about four poles to a Small brook near the Well, and is bounded at ye Westerly End by the Lands of Thomas Knight, and runs from Said Way by said Knights Land about seven & three Quarters poles to the aforesaid Brook or Gutter, and then strait up by Said Gutter to ye End of the the aforesaid Four poles containing half an Acre & half a Quarter. To Hold to him the Said Amos Paul during his natural Life and after his Decease to go to his Son Joseph Paul his Heirs & Assigns. And all the Residue & Remainder of my Estate Real & personal with the Reversions & Remainders thereof or any part thereof or depending thereon I give & devise the Same to ye Said Parker Foster and the Said Amos Paul equally divided. the Said part given to the Said Amos to hold to him during his natural Life and then to go to his Son Joseph in Manner aforesd. And all the part or Share herein given to the Said Foster To hold to him his Heirs & Assigns. And also the Wood & fencing wch I reserved on the Land I sold to Thomas Spinney I give to the Said Par- ker & Amos equally divided, All which part or Share given to the Said Parker Foster to be under this Limitation & Condition that he do not dispose or Sell any part thereof until he Shall attain to the Age of twenty Six Years. And then if he Sees Cause he may dispose thereof but not before, and in Case he Should notwithstanding my Will herein sell and Dispose thereof before that Age, I hereby give & devise the Same to my Brother Samuel Thompson with full Power to enter and become Seized thereof, and I do hereby declare the Gift and Devise to the Said Foster to be Null & void in that Case, my meaning is if he Should Sell the Same before he attain to the Age of twenty six years aforesd. Lastly I
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do hereby constitute & appoint ye Sd Amos & the Said Par- ker to be my joint Executors of this my last Will & Testa- ment And revoke all other Wills by me in any Manner here- tofore made. In Witness whereof I have hereunto Set my Hand and Seal the Thirteenth Day of August Anno Domini 1751, and in the twenty fifth Year of His Majesty's Reign. Signed Sealed & Declared by the his Said John Thompson to be his Iohn 1 Thompson (Seal) mark
last Will & Testamt in the presence of us the Subscribers. Solomon Staple Solomon Staple jut Daniel Knight Nath' Remick
Probated 15 October 1751.
Probate Office, 8, 143.
In the Name of God Amen. I Abraham Bowden of York in the County of York & Province of the Massachusetts Bay in New England Husbandman, being weak in Body but Sound in Mind & Memory, Thanks be to God, and calling to Mind my Mortality and knowing it's appointed for all men once to die, Do make and ordain this my last Will & Testament, and principally & first of all I recommend my Soul into the Hands of God that gave it hopeing thro Christ for its eternal Salvation, and my Body to ye Earth to be buried in decent Christian Burial at the Discretion of my Executrix hereafter named. 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.
Impr. My Will is and I do hereby order that my just Debts and funeral Charges Shall be paid out of my persona I Estate :
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Item. My Will is that my Wife Martha Shall have the Improvemt and Income of the whole of my Estate both real & personal during her natural Life, and in Case of Need by Sickness or other adverse Providences her Circumstances Should be render'd Such as that the Said Income will be in- sufficient for her Comfort & Support my Will is that She dispose of Such part of the personal Estate as will be need- ful for her Support. And after my Said Wife's Decease, I give demise & dispose of my real Estate or ye Reversion thereof to my four Sons, Abraham, John, Paul & Ebenezer in the Proportion following namely, to my Said Sons Abraham & Paul that part of my homestead Lands lying on the North- west Side of the Country Road, and bounded Northeast by the Short Lands, North West by John Milberry, and to run from the Said Lands by ye Said Milberry to a Gap in his Fence that crosses a path from Said Milberry's House to mine, and thence from said Gap Southeasterly to the End of my Partition Fence being a Stone Wall, and from the North- west End of said Wall to run a Strait Line to ye High Way or County Road aforesd within Two Rods to ye Northeast or back Side of my House, and thence by the Said Road to the Lands aforesd together with that Island in the Barberry Marsh so called, which I purchased of Deacon Goodin to hold to them and their Heirs forever. Or in Case either of my Said Sons Abram and Paul should die leaving no lawful Issue then my Will, is the Survivor of them & his Heirs Shall Have the whole of that part intended for Such deceased.
Item. I give to my Said Sons Iohn & Ebenezer & their Heirs all the Rest & Residue of my Homestead Lands lying on the Northwest Side of the aforesd Road with my dwelling House Barn & all other Buildings thereon, or in Case either of my Said Sons John & Ebenezer Should die leaving no Issue then my Will is Such Deceased's part Shall descend to his Surviving Brother and his Heirs.
Item. I give to my aforesª Sons Abraham John Paul & Ebenez' and their Heirs all that my Ten Acres of Land on
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the Cape Neck so called on the Southeast Side of the aforesa Road together with all my Rights and Shares in the Lands now or lately called the common & undivided Lands in York aforesd with the Reversions and Remainders thereof to be equally divided to & among them or their Surviving Heirs
Item. I give to my Daughters Mary Hannah Sarah & the Children of my Daughter Lydia Decd and their Heirs all my Household Stuff Furniture and Utensils within Doors equally to be divided to them into four parts the Chil- dren of my Sd deceased Daughter to have one of them, except one Bed which I give to my Son Ebenezer with Bed- ding at my Wife's Discretion to be delivered to him at Such time as my Said Wife Shall see fit.
Item, I give to my Daughters Mary. Hannah & Sarah five Shillss each and to the Children of my Daughter Lydia Decd five Shillings to be paid them by my aforesd Sons in equal Proportion out of that part of my Real Estate I have given them respectively.
Item. I give all the rest & residue of my personal Estate as Quick Stock Utensils of Husbandry and whatever else is not hereinbefore disposed of to all my Children equally to be divided to & amongst them & their Surviving Heirs the Said Children of my Said Decd Daughter to draw one Share.
And I do hereby nominate & appoint my aforesd Wife Martha to be Sole Executrix of this my last Will & Testamt Hereby revoking & disannulling all other Wills, Legacys and Bequests by me in any Wise heretofore made, ratifying & confirming this & no other to be my last Will & Testament.
In Witness whereof I have hereunto Set my Hand &
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Seal the Tenth Day of Iuly in the 25th year of His Majes Reign Anno Domini 1751. his
Signed Sealed published pro- Abraham
Bowden (Seal)
nounced & declared by the Sd Abram Bowden the Tes- tor to be his last Will & Testam' in presence of us after ye Words [from Sd Gap] [to] & [to them] were interlined Sam1 Clark, John Milberry John Swett
mark
Probated 7 August 1751. Inventory returned 21 Sept. 1751, at £209 : 5: 4, by Samue Clarke, John Milberry and Norton Woodbridge, appraisers.
Pachate ice, 8, 146.
In the Name of God Amen. The fifteenth Day of January in the Thirteenth year of the Reign of King George ye Sec- ond Annog Domini One Thousand Seven Hundred & thirty nine I John Heard of Kittery in the County of York within the Province of the Massachusetts Bay in New England Gent" being aged & weak hut of perfect Mind & Memory & expecting the time of my Death is near. Do make & ordain this my last Will & Testament. Recommending my Soul into ye Hands of Christ my Redeemer in & thro whom alone I hope for eternal Salvation, And my Body to a decent Christian Burial at the Discretion of my Executor hereafter named; And as touching such worldly Estate wherewith it hath pleased God to bless me in this Life I give & bequeath the Same in the following Manner & Form Viz
Impr. It is my Will that all my just Debts & funer! Charges and all Dues & Demands that are lawful against me Shall be first paid & Discharged by my Executor out of my
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Estate real or personal or both as my Executor Shall find most necessary & convenient as also all the Charges & Expences which my Execut" Shall be at in executing of this my Will.
Item It is my Will that my Farm whereon I now live at Sturgeon Creek, that is to Say so much of it as was the Farm of my Grandfather John Heard Decd and given by him to me in & by his last Will & Testament, Shall be divided according to the true Value for quantity & Quallity to & amongst all my Children and the Representatives of those that are dead as follows Vizt The two Children of my Son James Heard Decd namely Sarah & Phebe to have a double Portion betwixt them, so as to make each of them equal to each of my Daughters namely Dorcas Tucker, Shuah Bart- let, Phebe Stevens, Mary Barter, and Abigail Hubbard and to each of them the Said Dorcas, Phebe, Shuah Mary & Abigail and to the Children & Representatives of my Daugh- ter Iane Coffin Decd equal Portions, that is to Say, the Sª Children & Representves of my Daughter Iane Deed to have so much as to make all but one portion, equal to their aforesa Aunt's single portions. Always provided that those of my Sons in Law who have built or made any Improvemts (by my Leave) on any part of the Said Farm, Shall have the Same (if they choose it) reckoned only as so much Land in part of their Wife's Shares, saving to themselves their Buildings & Improvements.
Item. I give & bequeath unto my well beloved Daughter Shuah Bartlett my Silver Tanker She paying unto each of her Sisters namely Dorcas Phebe Mary & Abigail one fifth part of ye Value thereof.
Item. I give & bequeath unto my well beloved Grandson John Heard Bartlet Fifty pounds to be paid to him (without Interest) by my Executor when he Shall arrive to the age , of twenty one Years or Sooner if my Executor Shall See meet.
MAINE WILLS. 669
Item. I give & bequeath unto my well beloved Grandson John Heard Hubbard Thirty pounds to be paid to him (without Interest) by my Executor when he Shall arrive to the Age of twenty one years or Sooner if my Executor Shall see meet.
Item. I give & bequeath unto my well beloved Son in Law Nathan Bartlet & his Heirs forever that parcel of Land on the South Side of the Highway where his Barn now stands to the Quantity of one Acre for convenient Yards to & about the Said Barn. (it being Lands wch I bought).
Item. I do hereby nominate & appoint my well beloved Son in Law Nathan Bartlet to be the Sole Executor of this my last Will & Testament. And my Will is and I do here- by impower order & appoint my Said Executor to sell all my Estate Right Title & Interest of in & unto all & every part and parcel of the common & undivided Lands in Kit- tery & Berwick, as it is stated proportioned & divided or as it may be stated proportioned or divided and Fifty Acres of Lands of mine in Berwick near little River, And all other my Estate real & personal whatsoever and wheresoever it is or may be found in the best Manner he may or can, And to dispose of the Money thereby produced for & towards the payment of all lawful Debts Dues and Demands that are or may be against me ; & ye funeral Charges and his own neces- sary Expences as aforesd And the Legacy's by me given in this my Will And the Overplus to divide to. and amongst all my Children, and the legal Representatives of them that are dead in equal Portions, In which Division the Children of my Son Iames aforementioned Shall not have any double portion but only a Single Share or portion equally divided betwixt them, and so of the Children of my Daughter Iane Coffin Decd provided always & it is my Will that my Chil- dren and their Representves aforesd Shall forever rest Satis- fied & contented that in the Division of the Farm afores" my Sons in Law who have built upon and made Improvements of any part thereof as aforesª Shall have Such Buildings &
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Improvemts to themselves respectively only allowing the Quantity of Land as is afore mentioned And provided also that they & each of them release unto the Heirs or Assigns of Nathan Lord Decd all right to that little parcel of Marsh which I sold or exchanged to the S' Lord lying in Sturgeon Creek Marshes Which if any of them Shall refuse to do then Such as Shall so refuse Shall be & hereby are excluded and forever debarr'd from having any part Share or portion of what I herein order to be sold & divided to & amongst them, as aforesaid, Anything in this my Will not- withstanding.
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