USA > Maine > Maine wills. 1640-1760, Vol. II > Part 15
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And I appoint Edward Eastis of North Yarmouth aforest Husbandman and Mary my well beloved Wife to be Exe- cutors jointly to this my last Will and Testament here- by utterly disallowing revoking & disannulling all and
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MAINE WILLS.
every other former Testaments Wills Legacies & bequests & Execut's by me in any Ways before named willed & bequeathed ratifying & confirming this & no other to be my last Will and Testament. In Witness whereof I have here- unto Set my Hand & Seal this twentyseventh Day of November Annog Dom. One Thousand Seven Hundred & Fifty one. his
Signed Sealed published pro- nounced and declared by the Sª Richd Hays as his last Will & Testament in the presence of us the Sub- scribers Daniel Tucker Iabez Bradbury Steph" Longfellow
Richard
P
Hayes (Seal)
mark
Probated 2 October 1752. Inventory returned 2 Oct. 1742, at £2781: 5: 0, by John Stover, Thomas Jones and Wait Webber appraisers.
Probate Office, 8, 204.
In the Name of God Amen. The eighteenth Day of November in the twenty sixth Year of the Reign of King George the the Second Anno Domini 1752. I Ichabod Ielli- son of Kittery in the County of York Husbandman being Sick & weak of Body but thro divine Goodness of perfect Mind & Memory, and calling to mind the Mortality of my Body, and knowing that is appointed for all men once to die, Do make & ordain this to be my last Will & Testament. And in the first place, I recommend my Self Soul & Body to God who gave it, hoping for Mercy thro Jesus Christ. And as to what it hath pleased God to bestow on me of Worldly Estate, I give and dispose of the whole thereof to my well beloved Son Benjamin Iellison to & for the Uses
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herein after expressed Viz' That my Said Son Shall pay all my Debts & Legacys as is hereafter mentioned ; and in the first place he Shall pay my just Debts whether arising by my Sickness & funeral Charges or otherwise, and for the comfortable Support of my Wife in her Sickness, and her funeral Charges, and after such Debts & funeral Charges is paid if there be remainder sufficient, My Will is that my Said Son pay to my other three Sons Vizt Iob Ichabod & Nathaniel one Shilling each for their portion of my Estate, and to my Daughter Thankful Bridge I do give my Bed & Beding and other Household Goods after the Death of my Wife unless it be necessary to dispose of the Same after my other Estate is Spent to pay Debts as aforesd. And all my other Estate real & personal I give to my Said Son Benja- min in Fee Simple he taking Care of my Wife and providing comfortably for her during her natural Life. Lastly I appoint my Said Son Benjamin Executor of this my Will, and disallow all other Wills of what name or Nature Soever by me heretofore made. I testimony whereof I have here- unto Set my Hand & Seal the Day & Year above mentioned. Signed Sealed published pro- Note the words (or other- nounced & declared to be wise) interlined before
his last Will and Testament in presence of
Sigª his
Samuel Emery John Emery Caleb Emery
Ichabod & Jelliso ( Seal ) mark
Probated 1 January 1753. Inventory returned 15 April 1753, at £61: 16: 4, by Daniel Emery, Joseph Leavit and Charles Frost appraisers.
Probate Office 8, 218.
In the Name of God Amen. The eighth Day of January in the Year of our Lord One Thousand Seven Hundred & thirty three I. Nicholas Gowen of Kittery in the County of
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York within His Majsts a Province of the Massachusetts Bay in New England Yeoman, being Sick in Body but of good & perfect Memory, Thanks be to Almighty God, and calling to remembrance the uncertain Estate of this transitory Life, and that all fiesh must yield to Death when it Shall please God to call; Do make constitute ordain & declare this my last Will & Testament in Manner & Form following, revoking and annulling by these presents all & every Testamt & Testaments Will & Wills heretofore by me made & declared either by Word or Writing, and this to be taken only for my last Will & Testamt and none other. And first being penitent & Sorry from ye bottom of my Heart for my Sins past, most humbly desiring Forgiveness for the Same, I give & commit my Soul unto almighty God my Saviour & Redeemer in whom by the Merits of Iesus Christ I trust & believe assuredly to be Saved & to have full Remission and Forgiveness of all my Sins, and that my Soul with my Body at the General Day of Resurrection Shall rise again with Ioy thro the Merits of Christ's Death & Passion, possess & in- herit ye Kingdom of Heaven, prepared for his Elect & Chosen ; And my Body to be buried in a decent christian like manner at the Discretion of my Executors, And now for the Settling of my temporal Estate & Such Goods Chat- tels & Debts as it hath pleased God far above my Deserts to bestow upon me, I do order give & dispose the Same in Manner & Form following, that is to Say,
First, I will that all those Debts & Duties as I owe in Right or Conscience to any Manner of person or persons whatsoever Shall be well & truly contented & paid or or- dained to be paid within convenient time after my Decease by my Executors hereafter named.
Item. I give & bequeath unto my well beloved Wife Abi- gail one half part of my Farm whereon I now live, Vizt Half the planting mowing and Pasture Lands and half the Orchard & half the Buildings thereon to be used & improved
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as She Shall think fit during her Widowhood I also give her one Yoke of Oxen & half my Cows.
Item. I give & bequeath to my Son William Gowen all my Lands in Kittery lying on the Eastward Side of Stony Brook, and all the Right Title & Interest that I have or ought to have in any Lands lying on the Eastern Side of Said Brook to him the Said William Gowen during his nat- ural Life, and after his Decease to his two Sons Viz' William & Nicholas in equal Halves to be divided between them, and the Same to descend from them to the next Heir Male of them & each of them respectively and successively to their Heirs Male in Fee Tail forever from Generation to Genera- tion without any other or further Division.
Item. I give & bequeath unto my Son patrick Gowen a Tract or parcel of Land containing about Ten Acres be it more or less being the Northeast Corner of my Farm where- on I now live bounded on the North by Iohn Heards Land and on the East by Rockey Hill Commons on the West by my Pasture Fence and extending Southward as far as to my Pasture Bars, and from Said Bars up the Hill as the Way or path goes and by the Same to ye Head line next the Commons, which I give to him in manner following Vizt.
That it Shall be his own Estate during Life, and after his Decease it Shall be to his next Male Heir, and so to descend to the next Heir Male in his Line successively forever ; and in Case of failure of Male Heirs in his Line, then The Same Shall descend to my Son James Gowen, and the next Heir Male in his Line from Generation to Generation Successively forever. Unless the Sd James will buy the Same of the Said Patrick then in Such Case Patrick may Sell to James, but to no other than Such as Shall have the Farm whereon I now live.
Item. I give & bequeath to my Son James Gowen all my Farm whereon I now live (excepting the aforesª Tract of
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Land given to Patrick and saving my Wife's Dower as aforesa during Life) The Said Farm with the Buildings & appurtenances to him the James and to his next Heir Male lawfully begotten, and to descend from him to the next Heir Male in his line from Generation to Generation Successively forever without being divided. And in Case of Failure of Heirs Male in the Said James his Line then the Same Shall descend to the next Heir Male in Law in Feetail Success- ively forever ; Only excepting & reserving the Use & Profits thereof to my Wife during the Minority of the Said James to be disposed of for Payment of Legacys as hereafter to be appointed.
Item. I give & bequeath unto my three Sons William Patrick & James all my other Lands & Grants of Lands, and all my Rights in the Common & undivided Lands in Kittery & Berwick & in any place or places wheresoever to be equally divided between them to them the Said William Patrick & James their Heirs & assigns, forever.
Item. I give & bequeath to my Wife Abigail the best Bed & Furniture.
Item. I give & bequeath to my Son James that yoke of Oxen called his Oxen and half the Cows.
Item. I give & bequeath to my Wife Abigail & my Son James all ye rest & residue of my Personal Estate of every kind & Quality to be for themselves and for the payment of my Debts and Such Legacies as I give in this my Will, as hereafter mentioned.
Item. My Will is that my hond Mother Elizabeth Gowen widow Shall be maintained & comfortably Supported in my House & upon the Incomes of my Lands, during her nat- ural Life, by my Wife and my Son James.
Item. I give & bequeath unto my Daughter Abigail Thompson twenty pounds, and my Will is that my Son . William (in Consideration of what I have given him in part- nership with his two Brothers as mentioned before in this my Will) Shall pay the Sª twenty pounds to her in any 44
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valuable Goods or Lumber of the Produce of the Lands so given to him, and to be at a reasonable or Market price, And at the Market place convenient and within Ten Years after my Decease.
Item. I give & bequeath unto my Daughter Eliza- beth Hart twenty pounds, And my Will is that my Son Patrick (in Consideration of what I have given him in part- nership with his two Brothers as mentioned before in this my Will) Shall pay the Said twenty pounds to her in any valuable Goods or Lumber of the produce of the Lands so given to him, and to be at a reasonable or Market price and at the Market place convenient and within Ten Years after my Decease.
Item. I give & bequeath unto my Daughters Margaret Lord Ester Ross & Anne Thurla to each of them twenty pounds to be paid to them by my Wife Abigail & my Son James in Cattle or other moveable Goods the Produce of the Place where I live at a just Value & within Ten Years after my Decease.
Item I do hereby nominate & appoint my loving Wife Abigail and my Sons William Gowen Patrick Gowen & James Gowen to be the Executors jof this my last Will & Testament.
In Witness whereof I have hereunto Set my Hand & Seal the Day & year before written.
Signed Sealed pronounced & de-
Nicholas Gowen (Seal)
clared by the Sª Nicholas
Gowen to be his last Will &
Testam' in presence of
Sam1 Shorey Iohn Frost
Joseph Hodsdon Noah Emery
Probated 2 Jany. 1758.
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MAINS WILLS.
Probate Office, 8, 219.
In the Name of God Amen. The first Day of August Anno Domini One Thousand Seven Hundred & fifty one. I Joseph Hammond of Kittery in the County of York & Province of the Massachusetts Bay in New England Esq" being aged & infirm in Body, but of perfect Mind & Mem- ory, and calling unto Mind the uncertainty of this Life, Do make & ordain this & none other to be my last Will and Testament in the following Manner Vizt Imp" I recom- mend my Soul to God who gave it, and my Body to the Earth to be buried in such christian decent & frugal Manner as my Executor hereafter named Shall see meet, nothing doubting but I shall receive the Same again, and enjoy a glorious Immortality thro the the Merits & Mediation of Jesus Christ my Strong & mighty Redeemer. And touching such Estate as God in His Providence has given me my Will is Shall be disposed as followeth Viz -.
Item. I give & bequeath unto Hannah my dearly beloved Wife ye full Moiety or half part of my personal Estate after my funeral Charges & Settlement of my Estate with the Court of Probates are paid, excepting any particulars hereafter bequeathed to any of my Children. And also one full third part of the clear profit and yearly Income of my whole real Estate during her natural Life, and to make Use of my dwelling House & other Buildings which part She Shall choose, not exceeding one half during Life as aforest. And if the clear profit & yearly Income be not to her Satisfaction to improve it as she might have done if I had died Intestate.
Item. I give & bequeath unto my beloved Son Joseph Hamond all that my Tract of Land where he now dwelleth in Kittery aforesaid containing one Hundred & Forty Acres be it more or less with the Buildings thereon bounded on Piscataqua River on the Southwest, James Foggs Land on the Southeast, on the Land of Mess" Ioshua Downing, John Shapleigh & John Leighton all Dec1 on the Northwest, and
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MAINE WILLS.
by a Brook running thro Heathy Marsh on the Northeast, excepting Six Acres of Heathy Marsh joining to Said Brook formerly possessed by Said Leighton ; and also except- ing the Use of a convenient Cart Way from Heathy Marsh Brook by James Foggs Line to the County Road for for the the Use of my Sons Joseph & George Hammond their Heirs & Assigns forever : not to be left open so as to damnify my Son Joseph in his Improvement. I also give him my Silver Hilted Sword & Belt. All the above mentioned Land and Priviledges Shall be to the Sole Use & Improvement of my Sª Son Joseph during his natural Life, and immediately after his Decease to the male Heirs of his Body lawfully begotten and their Heirs & assigns forever. And my Will further is that if my Said Son Joseph Should depart this Life before his Said Male Heirs arrive to the Age of twenty one Years, that then my Executor hereafter named Shall take the Prem- isses into his Hands & possession, and improve or let out the Same for the Use of the Said Minors until they come of Age, his reasonable Charge to be allowed out of the profits. And my further Will & Meaning is that my Said Son Joseph by any Act in his Lifetime or by his last Will & Testament Shall have full Power and Authority to order & dispose the whole of the above mention'd Lands to any one of his Said Male Heirs and to order what he Shall pay the other, or otherwise to provide for the other as to him Shall seem meet : Anything in this my Will to the contrary in any wise Not- withstanding.
Item. I give & bequeath unto my beloved Son George Hammond and to his Heirs & Assigns forever, all that my Tract of Land whereon he now dwelleth in Kittery aforesª containing One Hundred and twenty Acres be it more or less bounded by Heathy Marsh Brook on the Southwest Iames Foggs Land on the Southeast, by Land of Mr John Shapleigh Decd on the Northwest in part, and Northeast with Samuel Fernald's Land in part & running Northwest & by North Course from Said Fernalds West Corner in the
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Head Line of the Bay Land so called to my Northwest Bounds aforesd with ye Priviledge of a Way to the County Road as aforesaid.
Item. I give & bequeath unto my beloved Son John Ham- mond and to his Heirs & Assigns forever all that my dwell- ing House Barn & Buildings where I now dwell in Kittery aforesd with all that Tract of Land adjoining bounded South- west by Piscataqua River South East by John Rogers & Peter Staples Land Northwest by Daniel Green & Thos Hanscom's Land; and a Highway in part between it & Hanscom's outward Lot. & Northeast by a certain Flat Rock with a Hollow Top near the Fence on the Northwest Side of my Land about two or three Rods from the Fence inclos- ing the Swamp commonly called Sam's Swamp And from Said Rock on a Southeast & by South Line over my Lot to John Roger's Line. I also give & bequeath unto my Sª Son John Hammond his Heirs & Assigns forever my Meadow at Sturgeon Creek called Lords Marsh, bounded Northeast by Said Creek Southeast by Capt" Heards Swamp, Southwest and Northwest by Land & Marsh of Mess" Nico & John Shapleigh. I also give & bequeath unto my Said Son John Hammond, and to his Heirs & Assigns forever the South half part of my Land in Kittery aforesd containing in the whole Forty five Acres be it more or less bounded Westward & Northward by Land of Mr Robert Cutt Decd Southward by Land of Said Cutt in part and partly by Land of ME John Newmareh & other Land, and Eastward by a Marsh formerly called Knights Marsh Near York River to be divided by an East & West Line in the middle being eighty Rods in Breadth North & South. I also give unto him the Said John Hammond his Heirs & Assigns forever all future Divisions in all undivided Lands belonging to the Proprietors of Kittery which might accrue to me. I also give him ye firewood growing on the Southeast part of my Forty Acre Lot over Simon's Brook to begin at the East Corner thereof Fifteen Rods in Breadth Northwest & by North and so to
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MAINE WILLS.
run that Breadth Southwest & by West by Abram Cross his Line One Hundred Rods with Liberty to carry off the Same not to damnify my Son Jonathan in his fencing & improving the Lands. I also give unto my Said Son John all my Tools & Implemts of Husbandry. All the Bequests to my aforesd three Sons Joseph George & John are Subjected to the pay- ment of the Several Legacys hereafter in this my Will be- queathed unto my three Daughters, each of my Said Three Sons to pay one third part of the whole.
Item. I give & bequeath unto my beloved Son Jonathan Hammond and to his Heirs & Assigns forever, all that my Tract of Land where he now dwelleth in Kittery afores", bounded on the Southwest by the Northeast End of the Land herein before given unto my Son John Hammond at the flat Rock with a hollow Top aforesd, Southeast by John Roger's Land, Northwest by Land of John Tobey & Thos Hanscom or a Way or common Land & Northeastward by my Forty Acre Lot over Simmons's Brook & Abram Cross's Land, together with my Said Forty Acre Lot bounded Southeast by Abram Cross his Land Northwest by James Fernalds Land, and Northeast by Samuel Johnson's Land. Also my three Acres & an half of Meadow at the Northeast End of Joseph Hills Marsh, with my Lot Number 4. in the Commons called Pudding Hole. And also the remaining half part of my Forty five Acres near York River, being the North half part thereof to him the Said Ionathan Hammond his Heirs & Assigns forever.
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Item. I give & bequeath unto my beloved Daughter Dor- cas Cutt besides what I have already given her Six pounds lawful Money of this Province.
Item. I give & bequeath unto my beloved Daughter Abi- . gail Wheelwright besides what I have already given her Six pounds lawful Money as aforesaid.
Item. I give & bequeath unto my beloved Daughter Kath- arine Hammond besides what I have already given her twenty two pounds lawful Money as aforesd. All which Legacys
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MAINE WILLS.
are to be paid within three years after my Decease by my three Sons aforesaid Joseph George & John to my aforesaid three Daughters or those that Shall legally represent them.
Item. I give & bequeath unto my aforesd three Daughters Dorcas Abigail & Katharine to be equally divided amongst them or their legal Representves all the remaining half part of my personal Estate. And further my Will & meaning is that if my Wife Should depart this Life before me, or before She receives her half part as aforesd, then the whole of my personal Estate to be equally divided among my Said three Daughters after all funeral Charges and Settlement of my Estate with the Court of Probates are paid as aforest which Charges Shall be paid out of my live Stock if So much there be. And further my Will is that if my Daughter Kath- arine Should depart this Life the before the Receipt of her Legacy & Bequests herein before given her, and leave no Issue lawfully begotten of her Body it Shall be equally divided between her two Sisters Dorcas Cutt and Abigail Wheelwright or their legal Representatives, unless the Said Katharine otherwise order & dispose of it in her Life time. I also give unto my Said Daughter Katharine after ye Death of her Mother, the free Use of the West Chamber in my dwelling House, so long as She continues unmarried, with free Ingress and regress thereunto. And my Will further is that my four Sons Joseph, George, John, & Jonathan, Shall pay all just Debts which I Shall owe to any persons whom- soever. And the Legacys respectively given them are Sub -. jected to the payment thereof in equal Proportions. And further my Will is that the Several Legacys given to my four Sons Shall be in full Ballance of all Accompts or De- mands which either of them Shall have or claim against my Estate. And I do hereby discharge them from all Demands which I have against any of them before the Date of this my Will. And I do hereby ordain and appoint my beloved Son John Hammond sole Executor of this my last Will & Testa- ment. And I do desire & request my much esteemed Friends
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MAINE WILLS.
John Storer & Simon Frost Esqr to be advising & assisting to my Executor and to See this my Will performed accord- ing to the true Intent & meaning thereof and especially that my Widow have her just due and be provided for in a com- fortable Manner.
In Witness whereof I have hereunto Set my Hand & affixed my Seal on the Day & Date first above written.
Signed Sealed published & declared Jos : Hammond (Seal) by the Sª Ios : Hammond Esq' as
his last Will & Testamt in presence
of us ye Subscribers
Ephraim Libby Iohn Rogers
George Rogers Sam1 Hanscom jr
A Codicil or explanation of the within written Will in Sever1 parts thereof Vizt. In the Bequest to my Wife to be one full Moiety of my personal estate excepting anything bequeathed to any person whatsoever. And in the Bequest to my Wife of one full third part of the clear profit & yearly Income of my whole real Estate are to be free from all Charges of Repairs of any Houses Buildings Fences &c.
Item. I give & bequeath unto Six Bearers, two Overseers, and the Revd M' Josiah Chase each a Ring of Gold and a pair of Gloves, and to the Bearers & M' Chase's Wives : Which my Wife is not to be charged with nor any Expence of funeral or Settling at the Court of Probate, but Shall have her full Moiety as if no Such Expence had ever been according to Inventory. All funeral Charges to be raised out of my live Stock and Money by my Executor excluding my Wife's Moiety as aforesª except She signify it in writing under her Hands. Any thing in the Said Will to the Con- trary in any Wise notwithstanding.
2ª In the Bequest to the male Heirs of my Son Joseph the Land mentioned Shall be subjected to the payment of all Debts & Legacys which their Father was to have paid by Said Will, my Executor to see it be performed, all other
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MAINE WILL.S.
part of Said Will I do hereby ratify & confirm according to the true Intent & Meaning thereof.
In Witness whereof I have hereunto Set my Hand & Seal this twentyseventh Day of Decem' Anno Domini One Thousand Seven Hundred & fifty two.
Signed Sealed published & declared Jos. Hammond (Seal) .
by the Testator to be a Codicil or Explanation of Said Will, in Presence of us. Joshua Staple George Rogers
John Rogers Iohn Brawn
' Probated 2 April 1753. Inventory returned 3 April 1753, at £2618: 15: 1, by Nathan! Remick, Ephraim Libby and George Rogers appraisers.
Probate Office, 8, 223.
In the Name of God Amen. The fifteenth Day of Ian" 1753.
I Mary Hill of Berwick in the County of York within the Province of the Massachusetts Bay in New England Widow being aged & weak and not knowing how Soon it may please God to take me out of this Life, make & ordain this my last Will & Testament, humbly resigning my Soul to God in Iesus Christ hoping for Pardon & Acceptance thro him, and my Body to the Earth for a decent christian Burial, at the Discretion of my Executors believing in the Resurrec- tion of the Dead. And as to such worldly Goods & Estate with which God hath been pleased to bless me in this Life I dispose thereof in the manner following Vizt
Imprs. I give & bequeath to my Son John Hill all Debts dues and Demands which I have in any Manner against him either for Moneys Rents & any other Claim of what nature soever.
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Item. I give and bequeath unto my Son Elisha Hill all Debts Dues and Demands which I have in any Man- ner against him either for Money Rents & any other Claim of what Nature Soever.
Item. I give & bequeath to my Grandson William Leigh- ton ye Son of my Daughter Sarah Leighton Decd three Dollars as a small Token of my Love to him his Mother having already had in her lifetime what I intended for her Portion.
Item. I give & bequeath to my Daughter Mary Leighton ye Wife of John Leighton all my wearing Apparel or what of the Same Shall not be otherwise disposed of in my life time. I also give her one feather Bed & Calico Quilt, also one Case of Draws and Six leather Chairs, one Silver Salver, one pair of Cotton Sheets, and two pair of Linnen Sheets, also my old Curtains two pewter Platters & Six plates, one Table Cloth & Six Napkins and one Towell all of them out of my own Goods which I have now by me, also one Small Oval Table.
Item. all the rest & Residue of my Estate Right Title Interest Goods & Chattels of every Sort kind or quality I give & bequeath unto my two Sons John Hill Esq' & Elisha Hill in equal Shares to them & their Heirs forever, And all Debts Dues & Demands Nothing excepted or reserved to them the Said John & Elisha in equal Halves. I also appoint them the Said John Hill & Elisha Hill Executors of this my last Will & Testament, I hereby revoking all & every former & other Will & Wills by me made either by Word or Writing ratifying this to be my last Will & Testa- ment. Witness my Hand & Seal the Day & Year above written. I order my Executors to give my Daughter Mary
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