USA > Maine > Maine wills. 1640-1760, Vol. II > Part 22
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In the Name of God Amen. The Seventh Day of Ianu- ary in ye Year of our Lord 1756. I Moses Welch of Kittery in the County of York in New England Wheelwright being very Sick & weak in Body, but of perfect Mind and Mem- ory 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 and ordain this my last Will and Testamt that is to Say, principally & first of all, I give & recomend my Soul into the Hands of God that gave it, hoping thro ye Merits Death & Passion of my Saviour Jesus Christ to have full & free pardon & forgiveness of all my Sins ; And to inherit everlasting Life : And my Body I commit to the Earth to be decently buried at the Discretion of my Executrix hereafter named, 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 the Same in ye following Manner & form, that is to Say.
First I will that all those Debts & Duties as I do owe in Right & Conscience to any Manner of person or persons whatsoever Shall be well & truly contented & paid or or- dered to be paid in convenient time after my Decease by my Executrix hereafter named.
Item I give & bequeath to Rebecca my dearly beloved Wife all my Estate both real and personal during her natu-
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ral Life, and likewise appoint her to be my Sole Executx of this my last Will & Testament, all & Singular my Lands & Buildings thereon by her freely to be possessed & enjoyed.
Item. I give to my well belovd Son Joseph Welch five Shillings old Tenor to be paid my Executrix within one Year after my Decease.
Item. I give unto my well beloved Son Moses Welch five Shillings old Tenor to be paid by my Executrx within one year after my Decease.
Item. I give unto my well beloved Son Benja Welch five Shillings old Tenor to be paid by my Executrix within one Year after my Decease.
Item. I give unto my well beloved Son Thomas Welch five Shillings old Tenor to be paid by my Executx within one year after my Decease.
Item. I give unto my well beloved Son Daniel Welch five Shillings old Tenor to be paid by my Execut" within one Year after my Decease.
Item. I give unto my Well beloved Son John Welch five Shillings old Tenor to be paid by my Execut* within one year after my Decease.
Item. I give to my well beloved Son David Welch five Shillings old Tenor to be paid by my Executx within one year after my Decease.
Item. I give unto my well beloved Son Samuel Welch five Shillings Old Tenor to be paid by my Execut' within one year after my Decease.
Item. I give unto my well beloved Daughter Sarah Page all my real Estate after my Wife Rebecca's Decease to her, her Heirs & Assigns forever And half of my personal Estate after my Wife Rebecca's Decease.
Item. I give unto my well beloved Daughter Hannah Vinnen half of my personal Estate after my Wife Rebecca's Decease to be possessed by her Heirs & Assigns forever. And I do hereby utterly disallow revoke & disannul all
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and every other former Testaments Wills & Legacies Be- quests and Executors by me in any Ways before this time named willed & bequeathed, ratifying & confirming this & no other to be my last Will & Testament. In Witness whereof I have hereunto Set my hand & Seal ye Day & Year above written. his
Signed Sealed published pro- nounced & declared by the Sª Moses Welch as his last Will & Testament in the presence of us the Subscrib- ers, Timº Gerrish Isaac Chap- man Iane Chapman
Moses
mark 2 Welch (Seal)
Probated 19 October 1756.
Probate Office, 9, 179.
In the Name of God Amen, I Richard Westcot of Fal- mouth in the County of York, and Province of the Massa- chusetts Bay in New England Shipwright being Weak and infirm of Body, But thro Gods Goodness of a Sound mind & Memory, for which I bless him, and expecting Speedily to be called by Death to appear before God, and be disposed of by him for Eternity ; Do therefore make this my last Will & Testament committing my immortal Soul to God, who gave it, and my Saviour who redeemed it; and my Body to the Earth for a Decent Interment, hoping for a part in the Resurrection of the just. And as touching Such Worldly Estate as God has given me, I will & dispose of it in the following Manner.
I. My whole Estate real & personal of Land Housing Stock Goods & Chattels Money & Moveables Debts owing to me, excepting as hereafter excepted, I give & bequeath
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to my eldest Son Josiah Westcot his Heirs & Assigns, under Such Limitations Conditions and Restrictions as Shall here- after be mentioned.
.II. But it is to be understood that my Said Son Josiah Westcot on Consideration of his having my Estate as above do be at the Expence of my having a decent Burial that he take good Care that his Mother be well Subsisted & main- tained as to every thing She Shall want during her Naturi Life, and that he pay to each of my other Children eight Shillings lawful Money, to each Son the Said Sum when they Shall arrive to the Age of twenty one; and to each Daughter at the Age of Eighteen.
III. It is also my Will that my two youngest Sons namely Joseph Westcoat & Eliakim Westcot do live with my Said Son Josiah Westcot he well providing for them till they Shall arrive to the Age of fourteen Years he having ye profit of their Labour during that term; And also that my two youngest Daughters Abigail Westcot & Alice Westcot do likewise live with my Son Iosiah Westcot till they Shall arrive to age convenient for them to go to live abroad ; and that then they do accordingly go abroad to live. And I would have Said Sons Joseph & Eliakim at Liberty to go & live with whom they Shall incline to live after they Shall have arrived to ye Age of fourteen years as before mentioned.
IV. I appoint my Said Son Josiah Westcot, Sole Execu- tor of this my last Will & Testamt.
V. Though I have given my Son Iosiah Westcot the most of my Estate as above, yet it is to be understood that I reserve So much of it as Shall answer all the above Articles in Case of any Default by him. And I do hereby utterly revoke disallow all former Wills Testaments Legacys & Bequests whatsoever, ratifying this to be my last Will & Testamt. The thirteenth line interlined wth the word Care.
In Witness to all above I hereunto Set my Hand & Seal
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this eighth Day of Septem' in the Year of our Lord 1756 One Thousand Seven hundred & fifty six.
Richard Westcot (Seal)
Signed Sealed published pronounced & declared by the Sa Richard Westcot as his last Will & Testamt in the Presence of us ye Subscribers Ionathan Freeman Ionathan Freeman jun" Will™ Tompson.
Probated 25 Oct. 1756.
Probate Office 9, 191.
In the Name of God Amen. The Sixteenth Day of November in the year of our Lord 1756, I Thomas Boothby of Scarboro in ye County of York in New England Yeoman, being in a weak bodily State but by ye Goodness of God am in my usual perfection of Mind, but being apprehensive that I may Suddenly depart this Life, I do therefore take this Opportunity by ye permission of God to make this my last Will & Testament in Manner following, First of all at my Decease I recommend my Soul into the Hand of God that gave it, and my Body to a Christian like & decent Burial in the Earth at ye Discretion of my Executor here in after named; wherefore as touching such worldly Estate wherewith I am or may be invested with at the time of my Decease my Will is to dispose of the Same in the following Manner.
Imp" I give & bequeath to Lydia my beloved Wife at my Decease the whole of my Household Goods & Furniture together with ye one half of all my live Stock of every Sort to be her's & at her disposal forever; Always provided nevertheless that if She Shall die without exhausting or in any ways disposing of the Same, then that the Household Furniture be equally divided between my Daughters Miriam
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& Lois, except one Bed to be given to my Grand Child Lemuel Aubins, if it Should arrive at Age I also give to my Said Wife the Improvemt of my dwelling House where I now dwell, together with ye whole of my Homestead place Barn &c. Which place contains Fifty Acres all which to be improved by her during her natural Life and also I give her one half of the Income of all my improved Lands at my uper Place in the Patent. And furthermore, if what I have herein already given her Shall prove insufficient for her necessary Support, and my Son Samuel Shall refuse to give her Such further Aid as Shall be needful for her then it is hereby in her Power to Sell & dispose of so much of my Homestead aforesª as Shall be needful for to procure her a necessary Support during Life.
Item, I give to my eldest Son Ionathan Boothby twenty five acres of Land in Lewis & Benightons Patent so called which Said Patent lies partly in Scarboro & partly in the adjacent Town of Biddeford in the County aforesd the Said twenty five Acres to be bounded as follows Vizt to begin at the Southwest End of my upper Lot in Said Patent at ve middle Line so called and thence to extend North East ye whole width of my Said upper Lot supposed to be twenty five pole more or less & continuing the Width of the Same N. E. as aforesaid until the Sª twenty five Acres is compleated to be possessed by him & his Heirs forever immidiately after my Decease I also give to him Five Acres of Land to be Set off from the Southwesterly part of my Homestead aforesd to begin at the S. W. Corner of the Same at the High Way adjoining to M' Sam1 Har- mons Land from thence to run Northeast by ye Sª High Way ten pole, and from the Sd High Way to extend back holding the Sª Wedth of ten pole adjoining to the Sª Har- mon's Land till the Said Five Acres is compleated, to be by him possessed immediately after the Death of my Said Wife, if She Shall Survive me, he paying the Legacy here-
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after assigned to him to pay, then to be freely possessed by him & his Heirs forever, Always provided that if he my S' Son Jonathan Shall die without lawful Issue by him begot- ten before he comes into ye actual Possession of the Same according to this Will, in Such Case my Will is that the Sa five Acres hereby given, do & Shall revert to my Sª Son Samuel & his Heirs forever, he my Sd Son Samuel paying the Legacy assigned as aforesaid.
Item, I give to my Said Son Samuel Boothby & his Heirs forever all the residue & remainder of my Home place that Shall remain after my Decease & the Decease of my Wife, together with all the Buildings thereon to be by him or them immediately possessed after our Decease as aforesª he or they paying the Legacys herein after assigned to be by him paid. Always provided that if my Daughter Lois Shall remain Single after ye Decease of my Self & Wife, my Will is that She Shall enjoy the Easterly Room in my now dwelling House so long as She Shall live & remain in a Single State. I also give to him my Said Son Samuel & his Heirs forever all the Resi- due & Remainder of my Lands in ye aforesd Patten, and every where else, except Sixty six Acres & a quarter of the Land in the Patten whereon my Son Joseph now dwells I reserve to & for my Said Son Joseph as hereafter will appear I also give to him my Said Son Samuel immediately after my Decease all the Residue & remainder of my live Stock of all Sorts not herein already before disposed of ; As also all my Tools & Utensils of Husbandry & other Uses. I also give him all the Benefit of any & all my Intrests in Reversion which of Right belong & appertain to me & my Heirs ; as also the Benefit of any Legacy or Legacys by this Will ordered to be paid where in Such Case the Legatee Shall die before the time assigned for the payment of Such Legacy & leaving no lawful Issue. I also give him all the Debts to me owing from all persons the better to enable him as well to
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pay Such Debts as Shall be from me owing to any persons, as also to perform other Duties herein after enjoined on him.
Item. I give to my Said Son Joseph Boothby & his Heirs forever the afore mentioned Sixty Six Acres & a Quarter of Land in the Pattent whereon he now dwells, the Same being on the N. E. Side of a Road call'd the Mast Road running thro my Sª Land and is ye Easterly end of my Sa Patent Land, the Same to be by him or them possessed immediately after my Decease upon his or their paying out ye Legacy enjoined on him to be paid as hereafter will appear.
Item. I give to my well beloved Daughter Miriam the Wife of John Dearing the Sum of twenty six pounds thir- teen Shillings & four pence lawful Money value to be paid her as follows Ten pounds part of Sd Sum to be paid her in mercht& Lumber or live Stock to that value within one year after my Decease by my Son Joseph Boothby, and the remainder part of Sa Sum being Sixteen pounds thirteen Shillings & four pence to be paid by my Son Samuel Boothby within one year after ye Decease of my Self & Wife at ye Value thereof in Mercht Lumber or live Stock as aforesaid.
Item. I give to my beloved Daughter Lois Twenty six pounds thirteen Shillings & four pence lawful Money value to be paid in Mercht Lumber or Live Stock as follows vizt the payment thereof to be made by my Son Samuel within one year after my Decease & ye Decease of my Wife, unless She my Sª Daughter Lois Should after my Decease & before ye Decease of my Wife be married, in Such Case then my Son Sam1 Shall upon her Marriage pay her ye Value of ye Sum of six pounds thirteen Shillings & four pence part of ye Sa Sum of twenty six pounds thirteen Shillings & four pence in manner of paying as aforest and ye remainder part as heretofore directed. I also give her ye Improvement of
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ye Easterly end of my dwelling House so long as She Shall be & remain unmarried after my Decease and the Decease of my Wife as herein before provided.
Item. I give to my grand Child Lemuel Aubins which was born of my late beloved Daughter Eunice Aubins since Decd exclusive of what I have already herein before given to it in Case the Sum of thirteen pounds Six Shillings & eight pence lawful Money value in Merch Lumber or live Stock, to be paid by my Son Ionathan Boothby or his Heirs or in Man- ner as herein before is provided in Case he Should die with- out Issue ; the Same to be paid within one year after my Decease and ye Decease of my Wife ; the Same to be paid to to Such person or persons as Shall have the Care & Charge of bringing up the Said Child, Such person or persons giving proper Security to reserve ye principle of Sª Sum for ye Use of ye Sª Child when he Shall arrive to age or to be otherwise disposed of according to the Will in Case Sª Child Should die before it arrives of age as before provided. Always provided that if my Son Jonathan Shall retain ye Said Leg- acy in his hands until ye Sª Lemuel Shall be of Age he Shall 41 hereby be obliged to pay the Intrest that Shall become due thereon from ye time it Shall appear that it ought to have been paid as aforesd.
Furthermore my Will is that if any of my Children other than my Son Samuel Shall after my Decease raise up any Accompt against me, and thereon make any Demand in Law against my Executor for the Same he She or they so doing Shall thereupon forfeit to & for ye Use of my Said Son Sam1 all Such Gifts & Legacys as is in & by this Will already given to Such any thing to the Contrary notwithstanding.
Finally. I appoint my trusty & well beloved Son Samuel Boothby Sole Executor of this my last Will & Testament enjoining on him the paym' of all my just Debts from me that Shall be owing at my Decease, and all other Duties of a faithful Executor. I do also by these presents utterly dis-
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annul all other Wills Legacys Bequests & Executors ever by me heretofore named confirming this & no other to be my last Will & Testament. In Witness whereof I have here- unto Set my Hand & Seal the Day & year first above written. Thomas Boothby (Seal)
Signed Sealed published & pronounced & declared by the Said Thomas Boothby as his last Will & Testament in the presence of us the Subscribers Vizt Robert Carl, Ionathan Wingett, Richard King.
Probated 2 January 1757.
Probate Office, 9 199.
In the Name of God Amen. This 28th Day of Augst Anno Domini 1751. I William Bracy of Biddeford in the County of York in the Province of the Massachusetts Bay in New England Yeoman, being in health of Body and of perfect Mind & Memory, yet calling to Mind ye Mortality of my Body & knowing that it is appointed for all men once to die ; Do make & ordain this my last Will & Testament, that is to Say, principally & first of all I give & recomend my Soul into ye Hands of God who gave it, and my Body I recoin- end to the Earth to be buried in decent Christian Burial at ye Discretion of my Execut" nothing doubting but at ye General Resurrection I shall receive ye Same again by ye 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 beloved Son Joseph Bracy over & above what I have already given him ye Sum of ten Shillings lawful Money to be paid to him by my Executor hereafter named within one year after my Decease.
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Item. I give & bequeath unto my beloved Daughter Mary Treworgy her Heirs & Assigns forever my dwelling House which I now live in.
Item. I give & bequeath unto my beloved Daughters Abi- gail Curtis Mary Treworgy Phebe Emery Dorothy Conner Sarah Boothby Patience Downer, and to my beloved Grand Child ye Child of my beloved Daughter Prudence Abbot Decd whether it be a Son or a Daughter all my Estate both real & personal of what kind soever (excepting what is above particularly mentiond) to them their Heirs & Assigns forever to be equally divided betwixt them ; and my Will & Pleasure is that that part of my Land which Shall fall to my Daughter Mary Treworgy shall be Set off to her next ad- joining to my dwelling House in a convenient Manner So that She may conveniently pass & repass to and from Said House.
Item. I do hereby constitute make & ordain my beloved Son in Law Iacob Curtis (Husband of my beloved Daughter Abigail Curtis) my Sole Executor of this my last Will and Testament, and I do hereby utterly disallow revoke and dis- annul all & every other former Testamts Wills Legacys Be- quests and Executors by me in any wise before named willed & bequeathed ratifying & confirming this & no other to be my last Will and Testamt. In Witness whereof I have here- unto Set my Hand & Seal the Day & Year above written.
William Brasey (Seal)
Signed Sealed published pronounced & declared by the Said William Brasey as his last Will & Testamt in ye pres- ence of us the Subscribers
Moses Morrell Wyat Moore Iedidiah Gooch.
Be it known to all men by these presents that I William Brasey of Biddeford Yeoman have made and declared my last Will & Testament in writing bearing Date ye 28th Day of August 1751, I the Said William Brasey by this present
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Codicil do ratify & confirm my Said last Will & Testament & Do give & bequeath unto my well beloved Daughter Abigail Curtis all my moveable Effects together with two Cows. Also to my Grandson Bracy Curtis a certain parcel of Land cut out of my Estate containing half an Acre within these Bounds containing more or less, beginning at Bidde- ford High Way and running Northeasterly by Land of Iedi- diah Googe to Salt Water Creek & Southeasterly by Said Creek five Rods & half, and then running Southwesterly holding five Rods & half in Breadth to ye Town Road, Notherly by Said Road to ye first mentioned Bounds, with my dwelling House & Barn within Said Bounds. further- more I give to my well beloved Daught" Phebe Emery one of my Cows. Also to my Grandson Jonathan Emery jun" a certain Strip of Land lying betwixt ye Town Road & Iedi- diah Googe & joining to his Father's Land, and at ye Southern End to Brasey Curtis Land containing ye Six- teenth part of an Acre be it more or less within Said Bounds, and my Will and Meaning is that this Codicil or Schedule be adjudged to be a part & parcel of my last Will & Testamt and that all things therein mentioned & contained be faithfully & truly performed and as fully amply in every Respect as if the Same were so declared & set down in my Said last Will & Testament.
Witness my Hand this twenty eighth Day of Novem" William Brasey (Seal) 1755
Signed Sealed published pronounced & declared by ye Sª Wm Brasey as
his last Will & Testamt, in ye presence of us ye Subscribers,
Joseph Tayler Benja Downing John Hickey
Probated 4 Jan. 1757. Inventory returned 11 Oct. 1756, at £62: 13: 4, by Tristram Jor- dan, Elizha Allen and Tho. Gilpatrick, appraisers. .
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Probate Office, 9, 200.
In the Name of God Amen. I Moses Butler of Berwick in the County of York being very Sick & weak but of Sound Mind & Memory, blessed be God for it, and calling to Mind the Mortality of my Body, and knowing that it is appointed for all men once to die, Do make this my last Will & Testament. And principally & first of all, I recom- mend my Soul into the Hands of God that gave it me, And my Body I commit to ye Earth to have a decent Burial, not doubting but at ye General Resurrection of the Just that I Shall receive the Same again by the mighty Power of God in & through Iesus Christ my dear Redeemer Amen. And as concerning my Worldly Estate that has pleased God to bless me with in this Life I give & dispose of the Same in the following Manner & Way.
Impr I give unto my loving Wife Mercy Butler one Roora. in my dwelling House Such as She Shall choose to live in as long as She lives a Widow. Also I give my Said Wife one Feather Bed & Bedding with all my Household Goods as pewter Chairs Tables & Earthen Ware And so forth.
Item. I give & bequeath unto my four Sons Moses Butler Thomas Butler Charles Butler & James Butler all my real Estate in Housing & Lands that I am ye Owner or Possessor of either in Berwick or in ye New Town above Berwick or in any other Town or place whatsoever as Land Mills Com- mon Rights with all my Right in real Estate nothing ex- cepted to my Said four Sons but to equally divided be- tweeen them, Only my Son John Butler I make this Reserve for him, and that is this, that Whereas my Said Son John Butler does pursue his Intention and does mary with Eliza- beth Pray Widow ye Daughter of John Tucker which is greatly against my Mind & Will, that then my Will Sin- cerely is he my Said Son John Butler Shall not have one
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Shilling of my real Estate. But I give him but twenty Shil- lings old Tenor to be paid him by my Son James Butler after he comes to the Age of twenty one Years. But if my Son John Butler Shall miss of marrying ye before mention'd Widow Pray ye Sd Tucker's Daughter & not take her to Wife that then my Will is that he my Said Son John Shall have an equal Share in my real Estate with ye rest of his Brothers and otherwise.
Item. I give to my four Daughters, Elizabeth Butler Sarah Nason Mercy Butler & Love Butler Fifty pounds old Tenor apiece to be paid to them out of my Estate by my Sons in equal Porportions of what I have gave them.
Item. I give & bequeath unto three Daughters Elizabeth Mercy and Love Butler one Cow & one Feather Bed each of them to be paid by my Sons in equal Proportions of what I have given them.
Item. I give to my Son Thomas my grey Horse & a pair of Pistols & Cutlash.
Item. I give to my Son Charles a Yoke of Oxen, and the Mair Colt that now runs with the Mair.
Item. I give to my Son Iames Butler all my Wearing Apparel with my Silver Hilted Sword, and Watch with next Colt that my Mair Shall have, and I give the Mair to my Wife.
Item. I give to my four Sons first mentioned in this my Will all my live Stock of every Sort not before mentioned to be equally divided between them, and if there be any thing of my Estate not herein mentioned, I leave it in ye hands of my Executors to be divided to & amongst their Brothers & Sisters as they Shall See meet. And if any of my Children Male or Female Should die before they come of full Age, die without lawful Issue, that then what I have herein given them Shall be divided to & among the Surviv- ers Bretheren. And my Will further is that my Debts
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Shall go to pay my Debts ; and if there Should be any thing wanting to compleat the payment of my Debts, then my Executors is to Sell as much of my Estate either real or per- sonal as they think best to compleat & pay the Same.
Item. I order that my red Horse to be Sold for the pay- ment of my Debts.
Finally. I appoint my two Sons Moses Butler & Thomas Butler to be my Sole Executors to this my last Will & Tes- tamt hereby ratifying this & no other to be my last Will and Testament.
Signed Sealed published & declared by me Moses Butler this 10th Day of Septem' 1756 Moses Butler (Seal) In presence of us Witnesses
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