Maine wills. 1640-1760, Vol. II, Part 2

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 2


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).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33


Probate Office, 6, 133.


In the Name of God Amen. The eighth Day of Febry anno Domini One Thousand Seven Hundred Thirty & Nine I Samuel Johnson of Kittery in the County of York in the Province of the Massachusetts Bay in New England Mill- wright being Sick and weak in Body, but of perfect Mind and Memory, Thanks be given unto God : Therefore calling unto Mind the Mortality of my Body, Do make and Ordain this my last Will and Testament, That is to Say principally and first of all I give and 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 Dis- cretion of my Executors. 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 & Form.


Imprimis, I will that all my just Debts and Funeral Charges be paid as Soon as may be conveniently after my Decease by my Executors. 24 I give and bequeath unto Mary my dearly beloved Wife that Right of Dower and Power of Thirds in my Estate both Real and personal which by Law She is entitled unto, and in the Same Manner that the Law gives it her, and no otherwise. 3'y I give unto my : beloved Daughter Sarah Lerrabe Ten pounds to be paid to her, or to Such as legally represent her by my Executors either in Current money or in passable Bills of Credit of this Province.


4's I give unto my beloved Daughter Mary Fernald Ten pounds to be paid to her, or Such as Shall legally represent her, either in Currant Money or in good passable Bills of Credit of this Province by my Executors.


51y I give unto beloved Daughter Hannah Johnson Ten Pounds either in the Currant Money or in good passable


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MAINE WILLS.


Bills of Credit of this Province to be paid to her or Such as Shall legally represent her by my Executors.


61y I give unto my beloved Daughter Elizabeth Hutchins Ten pounds either in Currant Money or in good passable . of Credit of this Province to be paid to her or Such . as Shall legally represent her by my Executors.


71 I give unto my beloved Sons Samuel Johnson jun" and Iames Johnson, besides what they have heretofore had of me all my Lands whatsoever and in what place soever, and all my Right Title and Interest that I have or ought to have in the Mill Stream in Spruce Creek in the Said Kittery, and in the Mills that are on the Said Stream with all the Commodities Priviledges & Appurtenances thereunto belonging, and all the Buildings that are on my Land of every Denomination, To them their Heirs & Assigns forever, to be divided between them in equal Shares and parts both as to Quantity and Quallity I also give unto my Said Sons all my personal Estate, (excepting what belongs to my Wife) of every kind and Sort, and do by these presents bind and oblige my abovesaid Sons their Heirs Executors and Administrators to pay the Several Sums above men- tioned equally between them.


Finally, I constitute make and ordain my abovenamed Sons Samuel Johnson jun' and Iames Johnson my Sole Executors of this my last Will and Testament. and I do hereby utterly disallow revoake and disannul all & every otber former Testaments Wills Legacys and Bequests and Executors by me in any Ways before-named willed and be- queathed Ratifying and confirming this and no other to be my last Will and Testament. In Witness whereof I have


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MAINE WILLS.


hereunto Set my Hand and Seal the Day and Year above written.


Signed Sealed published pro- nounced & declared by the Said Samuel Johnson as his last Will & Testament In the Presence of Us the Sub- scribers. Harcles Fernald Thomas Jenkins j' Thomas Pettegrew John Newmarch


his


Samuel


Johnson (a Seal)


mark


Probated 19 Nov. 1744. Inventory returned at €1095: 13: 8, old tenor, by Thomas Cutt, Tobias Fernald and Joseph Weeks, appraisers, 10 Jany 1744.


Probate Office, 6, 142.


In the Name of God, Amen. This Eighth Day of January One Thousand Seven Hundred Forty four Five, I Iames Sands of Biddeford in the County of York within His Majesty's Province of the Massachusetts Bay in New Eng- land Cordwainer being Sick and Weak in Body but of perfect Mind and Memory Thanks be given to God; There- fore Calling to Mind the Mortality of my Body and knowing that all men must die do make and ordain this my last Will and Testament, that is to Say, principally and in the first place I give and recommend my Soul into the Hands of God that gave it, and my Body I recommend to the Earth to be buried in Christian Burial at the Discretion of my Execu- tors; 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 and Form.


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MAINE WILLS.


And in Respect to my dearly beloved Wife Emm Sands I give to her the Improvement of the One Third part of my Estate during her natural Life and at her Decease the House- hold Stuff and in Door Moveables to be equally divided amongst all our Children. And to my Eldest Son Iames Sands I give and bequeath all my Eastermost Lot of Land - Provided he the Said James Sands doth pay unto my youngest Daughter Patience Sands the full Sum of Sixty pounds Money old Tenour when She is Eighteen Years old which is the Portion which I give and bequeath unto her besides what She hath already receiv'd But if the foresaid Iames Sands Shall refuse or neglect to pay the Sixty pounds old Tenour then I give & bequeath unto her my Daughter Patience so much of the foresaid Eastermost Lot of Land as Shall be in Value to Sixty pounds old Tenour which Land aforesaid Shall be prized by two good & lawful men being Sworn to prize the foresaid Land. And as for my Son Thomas Sands and Ephraim Sands, whom I do make and Constitute my Executors, I give and bequeath unto them in equal Halves all the Remainder of my Estate both Real and per- sonal, except Sixty pounds old Tenor which I give to my Daughters Hannah Carter wife to John Carter more than She hath receiv'd and Sixty pounds old Tenor to my Daughter Mary Stimson Wife to Ephraim Stimson more than what She hath received And Sixty pounds · old Tenor to my Daughter Ruth Sands besides what She hath received, in all the Three Sums make One Hun- dred and Eighty pounds old Tenor which I do oblige Thomas Sands and Ephraim Sands my Executors to pay to my three Eldest Daughters Hannah Mary Ruth above men- tioned, The Two eldest Daughters Hannah and Mary Shall be paid at the End of the first year after my Decease, and Ruth Shall be paid when She is Eighteen Years old. And I do oblige my Executors to pay all my just and lawful Debts And I do likewise give unto my Executors all my just and lawful Debts, and if any of my Children either Son or


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MAINE WILLS.


Daughter Shall have any Accompt of Debt or Demand on me or on my Estate I do deny any Such Accompts and if any there be they that Shall have any Such Accompts it Shall be in full Satisfaction to them the part of my Estate which I have already Set off for their Portion & no other- wise. And inasmuch as I have made and ordained Thomas Sands and Ephraim Sands my Executors of this my last Will and Testament of all my Homestead of Lands and Marshes and House and Barn and out Door Moveables in equal Halves to divide the Same within the Space of one full year next after my Decease by them freely to possess and enjoy And I do hereby utterly disallow revoake and disan- nul any other or former Testaments Wills Legacies hequests & Executors by me in any Ways before named willed and bequeathed Ratifying and confirming this and no other to be my last Will and Testament In Witness whereof I have hereunto Set my Hand and Seal this Eighth Day of Lanur Anno Domini One Thousand Seven Hundred forty four, five and in the Eighteenth Year of Our Sovereign Lord George the Second of Great Britain France and Ireland King &c. Signed Sealed published pro- Iames Sands (seal) nounced and declared by the abovesd James Sands as his last Will & Testamt In pres- ence of us the Subscribers John Gray Ezekiel Decoster John Davis


York ss. Biddeford March, 13, 1744. James Sands appearing acknowledged this Instrum' or Will on the other Side to be his free & Voluntary Act & Deed. Cor. John Gray Iuss pacs


Probated 16 April 1745. Inventory returned at £1016: 5: 0, by John Davis, Robert Pat- terson, and Abraham Townsend, appraisers, 10 July 1745 ..


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MAINE WILLS.


Probate Office, 6, 148.


In the Name of God Amen. I Iacob Remick of Kittery in the County of York in New England Shipwright being of Sound Mind and Memory do make and ordain this my last Will and Testament in Manner and Form following (That is to Say ) First I recommend my Soul into the Hands of Almighty God, and my Body I commit to the Earth to be decently buried, at the Discretion of my Executor here- inafter named, and touching the Disposition of my Temporal Estate, I give & dispose thereof as followeth.


Imprimis, I give and bequeath to Mary my well-beloved Wife, By her to be taken in Lieu and full Satisfaction of her Thirds and Dower of my Estate (and not otherwise) Two Rooms in the West End of my Dwelling House to- gether with my Garden during her natural Life, also I give my Said Wife all my Household Goods and Furniture in my dwelling House, excepting one Bed Beding & Furni- ture belonging to the Bed. I also give my Said Wife Two Cows and five Sheep, which Shall be kept & maintained by my Executor, herein hereafter named, on my Place where I now live, and Twelve Bushels of Corn and Five Barrells of Cyder a year, and Apples for her use every year during her Life, and and one Third part of my Cellar belonging to my dwelling House with the one half of my Deary House, all the above I give to my Said Wife in full Recompence of her Dowry in my Estate. But if She Demands and recovers her Dowry, then all the above Bequests to her Shall be void and of none Effect, any thing herein contained to the Con- trary thereof notwithstanding.


Item, I give my Son Iames Remick Ten Shillings.


Item, I give my Son Timothy Remick Fifty Pounds.


Item, I give my Daughter Lydia Phillips Five Pounds.


Item, I give my Daughter Mary Johnson Ten Pounds.


Item, I give my Daughter Hannah Remick Ten Pounds.


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MAINE WILLS.


Item, I give my Grandson William Mogridge Ten Pounds.


Item, I give my Grand Children Joseph Paul & Mary Paul to each five pounds.


Item, I give to my Son Stephen Remick Twenty Shillings.


Item, I give my Sons Iacob Remick Iohn Remick and Samuel Remick to each of them Five Shilings. All these Legacies before mentioned I do order my Executor herein hereafter named to pay in Current passable Bills of Credit within the Term of Five years after my Decease out of my Estate.


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Item, I give all my Real and personal Estate of what Name or Nature or kind soever the Same may be either in Possession or Reversion and all my Right or Rights of Com- mon or undivided Lands laid out or to be laid out, with all Rights and Priviledges to the Same belonging or in any ways appertaining unto my Son Nathaniel Remick his Heirs and Assigns forever. To have and to Hold all my Said Estate to him my Said Son Nathan' Remick his Heirs and Assigns for ever, he paying the Legacies and Bequests to his Mother and Brothers and Sisters and my Grand Children as afore- said : Also if my Wife do not accept what I have given her in Lieu of her Dower, But recovers Dower of my Said Son Nathaniel, Then what I have given my Said Wife Shall be to my Said Son Nathaniel his Heirs & assigns for ever. And I do hereby nominate make and appoint my Said Son Nathan- iel Remick Sole Executor of this my last Will and Testa- ment ; And I do hereby revoke disanul & make void all for- mer Wills and Testaments by me heretofore made either by Word of Mouth or in Writing. In Witness whereof I the Said Tacob Remick to this my last Will and Testament ; (contained on this half Sheet of Paper) have Set my Hand and Seal this twenty second Day of May, In the Year of our Lord Christ 1739.


Signed Sealed published & declared by the Testator in the presence


Iacob Remick (seal)


of Us whose Names are Sub-


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MAINE WILLS.


scribed as Witnesses hereunto.


John Thompson Joshua Remick Isaac Remick Richard Gowell.


Probated 16 July 1745. Inventory returned, at £273: 8: 9, old tenor, by Thomas Knight Joseph Fernald and John Godsoe, appraisers, 31 Oct. 1745.


Probate Office, 6, 149.


In the Name of God Amen. I John Staple of Kittery in the County of York in the Province of Maine in New-Eng- land Yeoman being of Sound Mind and Memory, But know- ing the Uncertainty of this transitory Life do make and ordain this my last Will and Testament in Manner and form following, that is to Say, First 1 commend my Soul into the Hands of Almighty God and my Body I commit to the Earth to be decently burried by my Executors herein here- after named ; and as touching the Disposition of all my tem- poral Estate I give & dispose thereof as followeth vizt.


Imprimis, I will that my Debts and funeral Charge be paid out of my Estate by my Executors.


Item, I give my Sons Hezekiah & Solomon, whom I have advanced already, each of them Five Shillings.


Item, I give my Son Samuel Four pounds.


Item, I give my Son Thomas's three Children Four pounds to be paid thus Forty Shillings to the Eldest, and Twenty Shillings to each of the other Two.


Item, I give my Daughter Hannah Whitehouse, and my Daughters Annah Brooks and Elizabeth Tomson each of them Four pounds.


Item, I give my Daughter Mary Hanscomb Four pounds to be paid her if living when the time of paymt hereafter mention'd comes.


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MAINE WILLS.


Item, I giue and bequeath to my well beloved Wife all my personal Estate Goods and Chattels within Doors and without and also the one Third of the Income of my Real Estate, and the Easterly End of my dwelling House from Ridge pole to the Bottom of the Cellar, and a Convenient part of the Barn and out Houses if She desires it.


Item, I give and bequeath to my Son Mark Staple all my Real Estate, that I now have or ought to have in Kittery or elsewhere to him his Heirs and Assigns for ever : he paying the Legacies I have herein before given to his Brothers and Sisters and his Brother Thomas's Children and to pay them within two or three years after my Decease, and to Such first as he Shall think hath most need, and so on One after the other. And to pay his Mother the one Third of the Income of my Place Yearly during her Life. And I do hereby nominate and appoint. my well beloved Wife and my Said Son Mark Staples Executes to this my last Will and Testament. And I do hereby revoake disannul and make Void all former Wills and Testaments by me heretofore made by word or Writing.


In Witness whereof I the Said John Staple hath hereunto Set my Hand and Seal the twenty first Day of November in the year of our Lord Christ One Thousand Seven Hundred and Forty four.


John Staples & a Seal.


Signed Sealed published & declared by the Testator to be his last Will and Testamt in the presence of us whose Names are Subscribed as Witnesses and Signed by us in the the presence of the Testator.


Joseph Fernald


Iames Fernald Jun" Timothy Brown


Probated 16 July 1745. It appears therefrom that his widow was named Mary. Inven. tory returned at £808: 16: 4, old tenor, by Thomas Knight, Joseph Fernald and John Godsoe, appraisers, 31 Oct. 1745.


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MAINE WILLS.


Probate Office, 6, 156.


In the Name of God Amen. I Nathaniel Iones of Falmo in the County of York and Province of the Massachusetts Bay in New England Genta being Weak of Body and Sensi- ble of my approaching Dissolution, do make and ordain this my last Will and Testament, being thro the Mercy of God of a Sound and disposing Mind and Memory, I commit my Soul to God that gave it, and my Body to a decent Christian Burial at the Discretion of my Executors hereafter named.


Imprimis. I have already given unto my four Sons here- after named ( To Wit ) Phinehas Deceased, Nathaniel, Stephen, and Ionas Iones, all their just and proportionable parts of all my Estate both Real and personal and taken an Acquittance of each of them.


Item. I give unto my Son Ichabod Fifty pounds Bills of the last Emission to be paid him by my Executors in four Years after my Decease.


Item. I give unto my Sons Noah Isaac and Moses fiue pounds each to be paid unto each of them by my Executors within Four Years after my Decease, and also that my Said Executors give unto my Son Moses common Learning and bind him out to a good Trade Such as he Shall think proper.


Item. I give unto my Daughter Lucy Jones a good Feather Bed well furnished if She will help her Mother make the Furniture for the Same.


Item. I giue unto the Heirs of my Daughter Rebeccah Deceased Ten pounds Bills of the last Emission to be paid by my Executors in Seven Years after my Decease.


Item. I give unto my Daughter Mary Ten pounds Bills of the last Emission to be paid by my Executors in Seven Years after my Decease.


Item I give unto my Daughter Lucy Ten pounds Bills of the last Emission to be paid by my Executors in Six Years after my Decease.


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MAINE WILLS.


Item I give unto my Daughter Unice Ten pounds Bills of the last Emission to be paid by my Executors in Six Years after my Decease.


Item. I give unto my beloved Wife Mary Iones all my Household Goods and the one half of all my moveable Estate within Doors and without Doors.


Item. I give unto my beloved Wife Mary Iones the one Moiety or half part of all the Homested Farm on which I now live, with one of the little Islands lying opposite against it commonly called one of the Two Brothers, and one half of all the Buildings and Fences Standing or being thereon the Income thereof to be disposed of towards the Bringing up my two Youngest Children, To Wit, my Son Iabez and Daughter Lydia, and for her own Support so long as my Said Wife Shall live, and after her Decease to be divided betwixt my two youngest Children as follows viz Two Thirds parts of Land and Island unto my Son Iabez and the other Third part unto my Daughter Lydia.


Item. It is also my Will and Pleasure that the other Moiety or half part of my Homstead Farm and Buildings with the whole of two Small Islands the one lying at the Mouth of Portland Sound commonly called and known by the Name of Ram Island the other lying opposite against Said Farm commonly called One of the Two Brothers, and also all that part of the Marsh Lot so called which is not already disposed of with the other half of the Moveables to be disposed of at the Discretion of my Executors to pay my Funeral Charges just Debts, ye above Legacys and to defend Said Lands in the Law and the overplus if any be to be equally divided betwixt my Children hereafter named as Noah Ichabod Isaac & Moses the Heirs of Rebecca Mary Lucy and Unis. And I do hereby appoint my Son Stephen Iones and my beloved Wife Mary Jones joint Executors of this my last Will & Testament. Dated this twenty first


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MAINE WILLS.


Day of October One Thousand Seven Hundred and Forty five 1745.


Signed Sealed pronounced & declared by the Sd Nathaniel Jones to be his last Will &


Testam' In presence of


Danforth Phipps Barnabas Seabury Iames Goddard


Memo the Words (all my my Household Goods and) were interlined before Ensealing of this Will.


Nath1 Jones. ( seni )


Probated 8 Jany 1745. Inventory returned, 1S Feby 1745, at £2230: 8: 6, by Barnabas Seabury, John Snow and Edward King, appraisers. Additional Inventory brought in by the Exeentrix 6 Oct. 1743 of £975: 15: 6, old tenor, including debts collected for the Estate from Elisha Baker, John Farrow, Nathan Noyes, Samuel Noyes, and William Bucknam.


Probate Office, 6, 158.


In the Name of God Amen. To all Christian People to whom these presents Shall come Greeting. Know ye that I John Kenny of Wells in the County of York & Province of the Massachusetts Bay in New England Tayler being now of a Sound and disposing Mind tho weak in Body Do com- mitting my Spirit into the Hands of God the Giver of it thro Iesus the Mediator and my Body into the Hands of my Executor to be by her decently interr'd in hopes of a glori- cus Resurrection to a Life immortal Dispose of the temporal Estate with which God has blessed me in the following Manner viztt I give and bequeath unto my well beloved Bethiah White of Wells all my Good Debts Tools Utensils and all my Estate of what Name or Nature soever. And I do also hereby constitute and appoint the Said Bethiah White to be Executor of this my last Will and Testa- ment And finally hereby revoke and disannull all other Wills by me heretofore made and do pronounce and declare this to


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MAINE WILLS.


be my last Will and Testament, This twenty third Day of November Anno Domini 1745. In the Nineteenth Year of His Majestys Reign.


Signed Sealed Pronounced and John Kenny ( seal -


declared in Presence of Us.


Iames Rankin John Wormwood Nath1 Wells


Probated 13 Jany 1745. Inventory returned 30 June 1746, at £131: 3: 6, old tenor, by Nath! Welles, Eleazer Clark and James Rankin, appraisers.


Probate Office, 6, 161.


In the Name of God Amen. the Thirteenth Day of De- cember Annoque Domini 1745. I Elliot Frost of Kittery in the County of York within the Province of the Massachu- setts Bay in New England Gentleman, being very Sick & weak in Body but of Sound Mind thro Divine Goodness and expecting the time of my Death to be near; for preventing any Trouble and Dispute about my Estate after my Decease Do make this my last Will and Testament.


Imprimis. I give and bequeath to my well beloved Wife Miriam all that my Lands and Marsh which I purchased of Daniel Ferguson with the Buildings and Appurtenances at Fergusons Hill so called to her the Said Miriam and her Heirs in Fee Simple forever.


Item, I give and bequeath to my Said Wife the Use and Improvement of my Lot of Land lying on Spruce Creek Road between the Lands of Mr Iohn Leighton and Lands formerly M' Robert Cutts containing Thirty Acres with the House and Barn Standing thereon, to her the Said Miriam during her Widowhood.


Item, I give to my well beloved Brother Simon Frost all


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MAINE WILLS.


that my Thirty Acre Lot of Land lying on Spruce Creek Road between the Lands of Mr John Leighton and Lands formerly Mr Robt Cutts with the House and Barn thereon with the Priviledges and Appurtenances to him the Said Simon Frost and his Heirs in Fee Simple forever, reserving to my Wife the Use and Improvement thereof during her Widowhood as aforesaid.


Item. I give and bequeath to my loving Brothers John Frost and Simon Frost all my woolin and Linnen Cloaths in equal Shares.


Item, I give to my honoured Mother Iane Frost twenty five Head of my neat Cattle taking great and Small together and all my Sheep, and my Will is that my Said Mother Shall have the Use and Improvement of my Horse and Chair as She Shall have Occasion for the Same during her Life.


Item, all the Rest and Residue of my Estate I give to my loving Wife Miriam in Fee Simple, be it Lands Goods and Chattels Plate & Moneys in any Place and Places whereso- ever & whatsoever it is willing her to pay my just Debts as Soon as She can. Lastly I make my Said Wife Sole Execu- trix of this my Will hereby revokeing all and every former and other Will Testament Legacy and Bequest by me here- tofore made Witness my Hand & Seal the Day abouesd. Signed Sealed pronounced &


Elliot Frost (seal)


declared by the Said Elliot Frost as his last Will & Testament in presence of after the words (Plate & Money) were interlined Tobias Leighton Benjamin Stacy Noah Emery


Probated 14 Jan. 1745. Inventory returned 20 Mch 1746, at £591: 16: 81, new tenor, by Noah Emery, Humphrey Scammon and Samuel Fernald, appraisers.


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MAINE WILLS.


Probate Office, 6, 164.


1598063


In the Name of God Amen. The twentieth Day of Feb- ruary Anno Domini One Thousand Seven Hundred and Forty four/ five/ I David Spinney of Kittery in the County of York and Province of the Massachusetts Bay in New England Husbandman being of perfect Mind and Memory Thanks be given unto God for the Same But calling to Mind the Mortality of my Body, and knowing that it is appointed for all men once to die do make and ordain this my last Will and Testament, That is to Say, principally and First of all I give and recommend my Soul into the Hands of God that gave it and my Body to the Earth to be buried in a decent and Christian Manner at the Discretion of my Executors hereafter named Nothing doubting but at the great and gen- eral 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 and dispose of the Same in the following Manner and Form. .


Imprimis. I will that all my just Debts & funeral Charges be raised out of my Estate and paid . by my Executrix as Soon as may be conveniently after my Decease.


Item. I give and bequeath unto Ierusha Spinney my dearly beloved Wife all my Household Goods Debts and moveables or personal Estate to her and her Heirs & assigns forever, and also I give unto my Said Wife the whole and Sole Income and Improvement of my Lands and Buildings during her natural Life to be improved by her or any under her and after the Decease of my Said Wife Ierusha Spinney, I give and bequeath all my Lands and Buildings with all and Singular of the Appurtenances to the Same belonging to my Brother Samuel Spinney and the Eldest Son lawfully begotten of his Body forever and if my Said Brother Samuel Should decease without having a Son or Male Heir I give all my Said Lands and Buildings to my Brother




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