Maine wills. 1640-1760, Vol. II, Part 17

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: 968


USA > Maine > Maine wills. 1640-1760, Vol. II > Part 17


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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Item. I give to my Well beloved Daughter Elizabeth Fifty pounds old Tenor to be paid by my Sons John & Richard a twelve Month & a Day after my Decease. Item to my well beloved Daughter Abigail one hundred pounds old Ten' to be paid partly out of my quick Stock by my Son John in a twelve Month & a Day after my Decease by Son Iohn.


Item. To my Daughter Hannah One Hundred pounds old Tenor, to be paid partly out of my quick Stock when She arrives to Nineteen Years of Age by my Son John. Item. To my Daughter Sarah one Hundred pounds old Tenor to be paid when She arrives to the Age of Nineteen Years, Sixty five pounds of Said Sum to be paid by my Son Rich- ard old Tenor & twenty five by my Son John. Item I order my Sons Richard & John to pay in equal Proportion about


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MAINE WILLS.


Seventy pounds old Tenor which I owe to M' Winchel out of my Estate. As to my other Small Debts I order my Son John to pay them out of my Estate.


Item. my Broad Ax & my other Axes & Hoes & Chains & Plow & other Utensils I bequeath to my Son John. I do likewise ordain constitute & appoint my beloved Wife Sarah my Sole Executrix of this my last Will & Testament, revoking & disallowing all former Wills & Testaments Leg- acys & Bequests ratifying and conferming this & no other to be my last Will and Testament.


In Witness whereof I have hereunto Set my Hand & Seal the Day & Year above written. John Starbird (Seal)


Signed Sealed & published pronounced & declared by the said John Starbird as his last Will & Testamt in presence of us the Subscribers


Rob Dunlop William Woodside Thos Scofield.


Probated 1 October 1753. Inventory taken at Brunswick 4 Jany 1754, at £429: 5: 5, by David Dunning, Thomas Skofield and Samuel Clark, appraisers.


Probate Office, 8, 254.


In the Name of God Amen. This Instrument witnesseth That I Samuel Elder of perfect Memory and in my Right Mind do commit my Body to the Earth, and my Soul to God that gave it, and as to my Estate which God hath given me both personal & real I give to my well beloved Wife Mary Elder So long as She remains my Widow She paying to William my eldest Son Ten Shillings lawful Money, and ten, Shillings a piece to each of the rest of my Children which She hath born unto me, and the rest of my Estate to her for the bringing up the rest of my Children. As Witness


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MAINE WILLS.


my Hand this Eleventh Day of May Seventeen Hundred & fifty three 1753.


Witness my Hand & Seal Witnesses Samuel Stapel Richard Merrill Iames Springer


Samuel Elder (Seal)


Probated 1 October 1753.


Probate Office 8, 254.


In the Name of God Amen. The twenty seventh Day of August One thousand Seven hundred & Fifty two. I Iohn Owen of Falmouth in the County of York & Province of the Massa : Bay in New England Chair Maker, being very Sick & weak in Body but of a Sound & disposing Mind & Memory, thanks, be given unto God, Therefore calling unto Mind the Mortality of my Body, and 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 the Hands of God that gave it, and my Body I recomend to the Earth to be buried in decent christian Burial at the Discretion of my Executors, nothing doubting but at the General Resurrec- tion 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 the Same in the following Manner & Form. Imprs. It is my Will that all my just Debts & funeral Charges be first paid out of my Estate.


Item. I give & bequeath to Margaret my dearly beloved Wife the Use & Improvemt of all & Singular my Estate both real and personal during her natural Life.


Item. I give & bequeath to my Daughter Mary Owen ye


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MAINE WILLS.


Sum of fiue Shillings to be paid by my Execut" after my Decease.


Item. I give & bequeath unto each and every of my Sons hereafter mention'd, Vizt. John Thomas William Gideon Samuel and James Owen an equal Share of all & Singular my Estate both real & personal to be equally divided amongst them after the Decease of Margaret my Wife to be by them their Heirs & Assigns freely possessed & enjoyed. And I do constitute make and ordain Jabez Fox Esq' of Said Falmº and Margaret my Wife joint Executors of this my last Will & Testam' And I do hereby utterly disallow revoke and disannul all & every other former Testaments Wills Legacys Bequests & Executors by me in any Ways . before named willed and 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 aforewritten. John Owen (Seal)


Signed Sealed published pronounced & declared by the Said John Owen as his last Will & Testamt in ye Presence of us the Subscribers.


Sam' Cobb jun' Simon Gookin, Steph" Longfellow.


Probated 1 October 1753. Inventory returned 20 Oct. 1753, at £163: 3: 4, by Stephen Longfellow, Jonathan Morse and Enoch Moody, appraisers.


Probate Office, 8, 260.


In the Name of God Amen. The twenty second Day of Augst 1753 I John Bryant of Scarboro in the County of York Yeoman, being very Sick and weak in Body but of perfect Mind & Memory, Thanks be given to God, therefore calling to Mind, the Mortality of my Body, and 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 and recommend my Soul into the Hands of God


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MAINE WILLS.


that gave it, and my Body I recommend to the Earth to be buried in decent christian Burial at the Discretion of my Executors nothing doubting but at the 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.


Impr. I give & bequeath to my two Sons the eldest & youngest Vizt. Samuel Davis Bryant & John Bryant all my homestead Lands with the Building thereon equally to be divided betwixt them.


Item. I give & bequeath to my Son Bartholomew Bryant all that Forty Acres of Land which I bought of Samuel Scott.


Item. I give & bequeath to my Son Eleazer Bryant Five pounds to be paid out of my Said Estate as Soon as he Shall arrive at ye Age of twenty one Years. Item I give & bequeath to my Daughter Charity Five pounds to be paid her out of my Estate as Soon as She come to the Age of Eighteen Years. Item I give & bequeath to my Daughter Martha Five pounds to be paid her out of my Estate as Soon as She come to the Age of eighteen Years.


Item. I give to my Daughter Rebecca Five pounds to be paid her out of my Estate as Soon as She come to ye Age of eighteen years.


I Will that my eldest Son Samuel Davis pay to my Daughter Charity the Five pounds given to her. I Will that my Son Bartholomew pay to my Son Eleazer & to my Daughter Martha the Five pounds given to each of them. I Will that my youngest Son Iohn pay to my Daughter Rebecca the five pounds given to her.


Item. I give to my Said three Daughters all my House- hold Goods equally amongst them. Item. I will & ordain that all my Stock be to pay my just Debts, and in Case it Should not be Sufficient to pay my Debts that then my three Said Sons Shall pay the remainder equally betwixt them.


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MAINE WILLS.


And in Case the Said Stock Should be more than pay my Debts the remainder to be to my Son, Samuel Davis.


I do hereby constitute make & ordain my hon" Father John Bryant & my Son Samuel Davis Bryant my Executors of this my last Will & Testament, ratifying this & no other to be my last Will & Testament. In Witness whereof I have hereunto Set my Hand & Seal the Day and Year above written.


Signed Sealed published pronounced & Iohn Briant ( seal) declard by the Said John Briant as his last Will & Testament in the presence of us the Subscribers.


Joseph Waterhouse Richd Dresser Sam1 Small.


Probated 5 October 1753.


Probate Office, 8, 270.


In the Name of God Amen. I Thomas Knight of Kittery in the County of York in the Province of the Massa : Bay in New England Cordwainer, 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 & Testament 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 Iesus Christ our Lord, and my Body to the Dust to be decently buried according to the Dis- cretion of my Executors herein after named, believing in ye Resurrection of the Body, and hoping for eternal Life. That worldly Estate which in his good Providence has given me I give devise and bequeath the Same in the following Man- ner & Form.


Impr. My Will is that all my just Debts & funeral Charges be paid out of my Estate by my Exec" within convent time after my Decease.


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MAINE WILLS.


Item. I give bequeath & devise to Susannah my well be- loved Wife all my personal Estate, excepting one Feather Bed, one Coverlet & Blanket, one pair of Handjrons one jron pot and one Tramell, fire Shovel & Tongs & Six Chairs, to be at her own Disposal, and all my real Estate excepting one Acre & half of Land with the Buildings thereon, to hold to her so long as She continues a Widow.


Item. I give & devise to my Son Daniel Knight a piece of Land containing one Acre & half bounded with Stephen Paul's Land on the Westerly Side, and with the High Way on the Easterly, and with Lydson's Land on the Northerly, being that piece of Land where my Said Son's dwelling House Stands to him his Heirs & Assigns. I also give my Said Son Daniel after the Decease of my Wife a piece of Land bounded on the Westerly by the aforesd bequeathed Land to my Said Son Daniel and on the Northerly with Lydson's Land, and on ye Easterly with Field's Land on the Southerly with the aforesd Way, to him his Heirs & Assigns.


Item. I give & devise to my Son Gideon Knight after ye Decease of my Said Wife a piece of Land bounded as fol- lows Vizt. beginning at the High Way about two poles Westerly from my Barn, and to run on a Square from Said Way which is Southeasterly three poles then to run near Northeast or parallel to Said High Way to Amos Pauls Land, and then three poles by Pauls Land to the aforesa High Way, and by Said Highway to the beginning, together with my House & Barn and all the Buildings thereon to him his Heirs & Assigns.


Item. I give to my Daughter Miriam Libby the Sum of Six pounds thirteen Shillings & four pence lawful Money.


Item. I give to my Grandson Samuel Knight one Bed one Coverlet one Blanket one pair of Handjrons one jron pot one Tramell one fire Shovel & Tongs & Six Chairs.


Item. I give to my Grand Children Susannah Knight, Mary Knight & Elizabeth Knight they being the Children of my Son George Knight to each of them five Shillings lawful Money.


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MAINE WILLS.


Item. I give to my Grand Children Joseph Berry, John, Thomas Sarah & Mary Barns to each of them five Shillings lawful Money.


Item. I give & devise unto my two Sons Daniel & Gid- eon Knight after the Decease of my Wife all the Residue of my Estate with the Reversion & Remainder, thereof or any part thereof or depending thereon to be equally divided to them their Heirs & Assigns. All these Legacies before men- tioned I do order my Executors to pay out of my Estate within five Years after the Decease of my Said Wife. Be it understood That if my Wife Should Marry, my Will is that my Sons Daniel & Gideon Shall have full Power to enter on and become seized of the Real Estate given to my Sª Wife. and also my meaning is that my Wife have full Power to dispose of all my personal Estate excepting what I have given to my Grandson Samuel Knight.


Lastly. I do hereby constitute & appoint my Sons Daniel & Gideon Knight to be my joint Executors of this my last Will & Testament, and revoke all other Wills by me in any Manner heretofore made.


In Witness whereof I have hereunto Set my Hand & Seal the Second Day of May Anno Domini 1753. And in the 26th year of His Majesty's Reign.


Signed Sealed & declared by the Said Thomas Knight (Seal)


Thomas Knight to be his last Will


& Testamt in ye presence of us ye


Subscribers


Nathan Bartlet, Edmª Coffin, Joseph Hill,


Nath1 Remick, George Fernald.


Probated 16 October 1753.


oder


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MAINE WILLS.


Probate Office, 8, 272.


In the Name of God Amen. On the Seventh Day of March in the twentythird Year of His Majts Reign Annoque Domini one Thousand Seven Hundred & forty nine. I Eliakim Wardwell of york in the County of york & Province of the Massachus's Bay in New England, being weak in Body but of a Sound Mind and Memory, Thanks be to God, and calling unto Mind ye Mortality of my Body, and knowing that it is appointed for all men once to die, do make & ordain this my last Will & Testamt


That is to say, principally and first of all, I give & recom- mend my Soul into the Hands of God that gave it, and my Body I recommend to the Earth to be buried in decent chris- tian Burial at the Discretion of my Executrix hereafter named in hopes of a glorious Resurrection ; And as touch- ing such worldly Estate wherewith it hath pleased God to bless me in this Life, And to prevent Trouble & Disputes among such of my Children as may Survive me concerning the Same ; I give demise & dispose of it in Manner & form following.


Impr. My Will is that my just Debts & funeral Charges Shall be paid out of my personal Estate, and all ye Rest & remaining part thereof I give & bequeath to my loving Wife Ruth Wardwell by her to be disposed of to & among my Daughters or Such of them as She pleases, and in Such Manner time & Proportion as She Shall think fit.


Item. It give to my Said Wife the Use & Improvemt of all my real Estate as Houses Buildings Lands Marshes or Meadows scituate in York aforesd or else where by such Name or Names Number of Acres Quantities Qualities Terms & Discriptions as the Same is or May be called for & until the time of my youngest Son Daniel's arrival to the age of twenty one Years, or in Case he Should die before that time then until that time in Case he lived. And from that time my Will is that my Said Wife Shall have the Use & Improvemt 46


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MAINE WILLS.


of but one third part of my. real Estate aforesd and that during her natural Life.


Item. I give and bequeath to my three Sons Joseph Iere- miah and Daniel all my aforesd real Estate, and every part thereof to be equally divided among them at the Several times of my Wife's Term of improving the Same being ended as aforesd and if one or more of my Said Sons should die before these Sev1 times then & in that Case my Will is, that Such Dec' one's part or the part intended him as above, Shall descend & become the Inheritance of his Heir or Heirs lawfully begotten of his Body, if otherways then to my other Sons & y' Heirs, provided nevertheless and my Will is that my aforesd Sons or their Heirs as aforesd Shall in equal proportion severally pay out the Legacys hereafter ordª to my Daughters, otherways Such Son or his Heirs as neglect or refuse to pay their part of ye Said Legacys by the time limited there Shall be an equivalent in Land set off out of his part by three indiffert men to be chose by ye parties concern'd for ye purpose.


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Item. I give to my five Daughters namely Mary Abigail Meribah Lydia & Hephzibah Sixty pounds in Bills of Credit of the old Tenor equal to fifteen pounds of the new, to be paid them by their Brothers or their Heirs as aforesd at the time of my Sons coming into possession of the real Estate aforesd & in the proportion following. Vizt. to Mary my eldest Daughter (She having receiv'd Something of me before) Four pounds old Tenor, and to the rest of my Daughters Abigail Meribah Lydia and Hephzibah the remain- ing Fifty six pounds old Ten" to be equally divided among them, and in Want of those Legacys being paid by their Brothers or their Heirs as aforesd then so much of my real Estate as Shall be adjudged equivalt Shall be Set off in Lieu thereof as before provided, And my Will is that if either of my aforesª Daughters die before ye Legacy aforesd -


Shall become payable then & in that Case such one's Legacy or the Legacy intended her as aforest Shall be paid to her


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Heirs lawfully begotten of her Body if any Such Should be then Surviving but if not to my other Daughters & their Heirs.


Finally. I do hereby appoint my aforesª Wife Ruth to be Sole Execut* of this my last Will & Testament, and do ut- terly disannul all & every other Testaments Wills Legacys & Bequests and Executors 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 first herein before written


Signed Sealed published pronounced Eliakim Wardwell (Seal) & declared by the S' Eliakim Wardwell as his last Will & Tes- tamt in presence of us Sam1 Clarke Joseph Stover j' Dan' Clark


Probated 16 October 1753.


Probate Office, 8, 279.


In the Name of God Amen. The third Day of Febry Anno Domini 1742. I Samuel Hatch of Wells in the County of York in the Province of the Massachusetts Bay in New England Husbandman being weak of Body but of perfect Mind & Memory, Thanks be given to God, therefore calling to mind ye Mortality of my Body, and knowing that it is appointed for all men once to Die, do make & ordain this my last Will & Testame 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 recommend to the Earth to be buried in decent christian Burial at the Discretion of my Executor, Nothing doubting but at the General Resurrection


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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 & dis- pose of the Same in the following Maner & Form Vizt


Item. I give & bequeath to my beloved Daughter Bethia Butland one feather Bed imedediately after my Decease besides what I have already given her.


Item. I give & bequeath to my beloved Son Benjamin Hatch five Shillings in Money to be paid by my Executor immediately after my Decease, besides what I have already given him.


Item. I give & bequeath unto the Children of my beloved Daught" Icmima Freethy Decd five Shillings Money to be paid by my Execr immediately after my Decease 'besides what I have already given her.


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Item. I give & bequeath unto my beloved Son Samuel Hatch five Shillings Money to be paid by my Executor im- mediately after my Decease besides what I have already given him.


Item, I give & bequeath unto my beloved Son John Hatch five Shillings money to be paid by my Executor immediately after my Decease besides what I have already given him.


Item I give & bequeath unto my beloved Son philip Hatch five Shillings Money to be paid by my Executor im- mediately after my Decease besides what I have already gven him


Item. I give & bequeath unto my beloved Daughter Eunice Gatchel One Suit of Curtains which I have about my Bed, and one pewter Platter imediately after my Decease besides what I have already given her.


Item. I give & bequeath unto my beloved Daughter Mary Stevens three pewter plates imediately after my Decease besides what I have already given her as also Seven pounds Money more to be paid by my Executor to her.


Item. I give & bequeath to my beloved Son Joseph Hatch immediately after my Decease, whom I likewise constitute


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MAINE WILLS.


make and ordain Executor of this my last Will & Testamt the Homested or home Lot of Land I now live upon in Wells Vizt all the Up Land with the Houses Barns & Build- ings thereon together with all my Salt Marsh, As also all my Household Goods not heretofore disposed of, As also all my Axes Hoes Carts plows Chains, and all the Ox Tackling. As also I give unto my Sª Son Joseph Hatch all my Stock of meat Cattle Sheep Horses and Swine freely by him to be possessed & enjoyed forever.


I also by these presents impower my Said Son Jos. Hatch to demand & receive all dues & Debts for his own proper Use and Behoof, and I also oblige him to pay all my just Dues & Debts.


My Will also is that if my Said Son Joseph Hatch Should die without lawful Issue of his own Body begotten, then the Said Land & Marsh Shall return to his Surviving Brothers & Sisters ; And I do hereby utterly disallow revoke & dis- annul all & every other former Testament Will & Bequest & Executes by me any Ways before named willed & bequeathed ratifying and confirming this & no other to be my last Will & Testamt


In Witness whereof I have hereunto Set my Hand & Seal the Day & Year above written. Samuel Hatch (Seal)


Signed Sealed published pronounced & declared by the Said Samuel Hatch to be his last Will & Testament in pres- ence of us the Subscribers, Iohn Trow. Jeremiah Storer jun" Samuel Hatch tert Iohn Storer.


Probated 16 October 1753.


Probate Office 9, 5.


In the Name of God Amen. I Richard Milberry of York in the County of York Yeoman, being at present in good bodily Health thro Gods Goodness, and of sound disposing


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MAINE WILLS.


Mind and Memory, yet being aged, and not knowing the Day of my Death, Do make this my last Will & Testament in Manner & Form following Viz. First of all I commit my precious never dying soul into the Hand of God who gave it hoping for the Pardon of all my Sins & eternal Salvation in & thro the Merits of Christ Jesus alone and my Body I comit to the Dust hoping for a glorious Resurrection thro Christ who is the Resurrection & the Life, and as to Such worldly Estate as God has been pleased to bestow upon me I dispose of the Same as follows.


Imp'. I give & bequeath unto my eldest Son Samuel all my Homestead, the Neck I now live on with the Buildings thereon and all the Land lying at the place called the Rocky Ground and half of the Land I have lying on the Cape Neck, and all my Salt Marsh lying in the Second Parish in York except Two Acres next adjoining to Cutts & Leighton's Marsh, and all my Interest in the Mills on the Creek com- monly call'd the Meeting House Creek, and one quarter part of my Interest in the new Township above Berwick also four of my eight Shares in the common Land in York, and all my Goods & Chattels, expecting of my said Son that he will pay all my just Debts & funeral Charges and take a tender Care of his aged Mother my dearly beloved Wife in her Estate of Widowhood without giving her the Trouble of taking Care of the thirds of my Estate.


Item. I give & bequeath to the two Children of my Son Joseph Decd to be equally divided between them all the Land & Appurtences lying on the East Side of Cape Ned- dock River, and one Quarter part of the new Township above Berwick aforesd, and two of my Shares in the Com- mon Land aforesd reserving to their Mother the Improvemt of one third part of the Said Lands while She remains in the Estate of Widdowhood. I also give to my Said Grand Children half my Interest in the Mill called the old Saw Mill on Cape Niddock River, aforesd, reserving to their Said


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MAINE WILLS.


Mother, one third part thereof that is of Said half during her Widowhood


Item. I give to my Son John all the Tract of Land he now lives on and the Buildings thereon and the Meadow thereto adjoining and half my Interest in the Cape Neck aforesd And one half of my Interest in the Mill on Cape Niddock River aforesd. Also one Quarter of my Interest in the Township aforesaid lying above Berwick. Also two of my Shares in the common Land aforesd. I give moreover to my Said Son John that two Acres of Salt Marsh excepted out of my Son Samuel's Marsh aforesd. Provided always that my Said Son John Shall have no power to dispose of Said Marsh out of the Family of the Milberrys,


Item. I give to my Daughter Sarah Milberry now Good- win besides what she has already receiv'd the remaining Quarter part of my Right in Said New Township, and four Hundred pounds old Tenor to be paid by Son Samuel as soon as he Shall see meet the Sooner the more pleasing to me at farthest not exceeding eight years after my Decease.


Lastly, I do hereby appoint my Son Samuel Sole Execu- tor of this my last Will & Testament. Witness my Hand & Seal April 2, 1747, And in the 20th Year of His Majestys Reign.


Signed Sealed published pronounced Richard Milbery (Seal) & declared by the Said Richª Mil- berry as his last Will & Testament in presence of us, William Moore Jonathan Philbrook Joseph Toppan


Probated 4 February 1754.


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MAINE WILLS.


Probate Office, 9, 28.


In the Name of God Amen. The fourteenth Day of March 1754. I John Fernald of Kittery in the County of York in ye Province of the Massachusetts Bay in New England Yeoman, being Sick and weak in Body but of perfect Mind & Memory (thanks be given to God there for) 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 the Hands of God that gave it ; And my Body I recommend to the Earth to be buried in a christian like & decent Manner, at the Dis- cretion of my Executor hereafter named : And as touching Such Worldly Estate wherewith it hath pleased God to bless me in this Life, I give devise & dispose of the Same in the following Manner & Form.




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