USA > Maine > Maine wills. 1640-1760, Vol. II > Part 23
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Benjamin Estes j' Samuel Butler his Iohn X Murrey mark
Probated 2 Jany 1757. Inventory returned 25 Apr. 1757, at £572: 1: 8, by William Gerrish, Humphrey Chadbourne jr. and Foxwell C. Cutt, appraisers.
Probate Office, 9, 201.
In the Name of God Amen. The twenty fourth Day of July One Thousand Seven Hundred & Fifty Six, I Daniel Morrison of Wells in the County of York in the Province of the Massachusetts Bay in New England Yeoman, being aged & infirm in Body, but of perfect Mind & Memory, Thanks be to God for it, Calling to Mind my own Mortality, and knowing that it is appointed to Man once to die Do make & ordain this my last Will & Testamt, that is to Say, princi- pally & first of all, I recommend my Soul into ye Hands of God who gave it, and my Body to ye Earth to be buried in
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MAINE WILLS.
decent Christian Burial at ye Discretion of my Executors hereafter named, nothing doubting but at ye General Resur- rection 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 bequeath & dispose of the Same in ye Form & Manner following Vizt.
Impr. My Will & Desire is, that all my Just & lawful Debts be duly & honestly paid by my Executes hereafter named, and that they be paid out of my moveable Estate.
Item. I give & bequeath unto my beloved Son Daniel Morrison Ten Shillings lawful Money, besides what I have already given him to be paid by my Exec" within Six Months after my Decease.
Item. I give & bequeath unto my beloved Son Nathan Littlefeild Morrison ten Shillings lawful Money besides what I have already given him to be paid by my Execr within Six Months after my Decease.
Item. I give & bequeath unto my beloved Son Joseph Morrison too acres of fresh Meadow at ye Elmn Brook so called in Wells besides what I have already given him.
Item I give & bequeath unto my beloved Daughter Han- nah Allen ten Shillings lawful Money besides what I have already given her to be paid by my Execut's within Six Months after my Decease.
Item. I give & bequeath unto my beloved Grandson Iohn Royall Baston Son of my beloved Daughter Eleoner Baston late Decd five pounds lawful Money to be paid unto him by my Executes when he arrives to the Age of twenty one Years.
Item. I give & bequeath unto my beloved Daughter Lydia Kimball ten Shillings lawful Money besides what I have already given her to be paid by my Execute within Six Months after my Decease.
I give & bequeath unto my beloved Daughter Abigail Maxwell ten Shillings lawful Money besides what I have
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MAINE WILLS.
already given her to be paid by my. Executors within Six Months after my Decease.
Item. I give & bequeath unto my Daughter Mary Mor- rison Eight pounds lawful Money to be paid her by my Executors within Six Months after my Decease.
Item. I give & bequeath unto my beloved Daughter Tabi- tha Stewart ten Shillings lawful Money besides what I have already given her to be paid by my Execute within Six Months after my Decease.
Item. I give & bequeath unto my beloved Son Samuel Morrison and his Heirs forever all my Homestead containing Sixty Acres bounded Southeasterly by ye Head of ye old Lots, Northeasterly by Land of Thomas Penny, Northwest- erly partly by Land of Joseph Morrison Southwesterly by Land Seperated for a High Way adjoining Land of Daniel Morrison jun' with ye Sixteenth part of the Upper Saw Mill & Stream on Maryland River so called with the Com- mon Right belonging to the Homestead, togather with my dwelling House & Barn Buildings & Fences on the Home- stead : Only & Specially reserving to my Well beloved Wife Eleoner Morrison during her natural Life ye Improve- mt of One half of my House & one half of my Barn, and half of the Improvement of my Homestead, And half ye Improvemt of ye Saw Mill, and half the Improvemt of the fresh Meadow, and after my Said Wife's Decease to be to my Said Son Samuel Morrison, And to Heirs & Assigns forever.
Item I give & bequeath unto my beloved Wife Eleoner Morrison and to her Heirs & Assigns forever One Tract or parcel of Land containing Thirty Acres, be it more or less being thirty Rods in Breadth bounded Northwesterly by ye Country Road Southwesterly by Land of Joseph Gatchel Southeasterly by ye head of ye old Lots Northeast- erly by Land of Daniel Morrison jun' together with all my Debts & moveable Estate within Doors & without of every
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MAINE WILLS.
Sort excepting what Shall or may be for paying all Legacys and Debts. I also give & bequeath unto my Sª beloved Wife during her natural Life, ye Improvemt of one half of my dwell- ing House & one half of ye Barn, and one half of the Im- provemt of my Homestead, and one half of ye Improvem' of the Saw Mill & fresh Meadow during her Said natural Life.
I do hereby nominate Constitute & appoint my well beloved Wife Elenor Morrison & my beloved Son Sam1 Morrison of Wells in the County of York Labourer to be the Sole Execu- trix & Executor of this my last Will & Testamt and I do hereby revoke & disannul all other & former Wills & Testa- mts by me made, and do hereby Ratify & Confirm this & no other to be my last Will & Testamt In Witness where of I have hereunto Set my Hand & Seal the Day & Year above written.
Daniel Morrison (seal)
Signed Sealed published pronounced & declared by the above Sd Daniel Morrison to be his last Will & Testam
his in presence of us the Subscribers Iohn X Penny Sarah Penny X her Mark Iohn Storer. mark
Probated 2 January 1757.
Probate Office, 9, 204.
In the Name of God Amen. The first Day of February Anno Domini One Thousand Seven Hundred and fifty Seven. I James Fernald jun' of Kittery in ye County of York in the Province of the Massachussetts Bay in New England Yeoman, being very Sick & weak in Body but of perfict Mind & Memory, Thanks be given to God : there- fore calling unto Mind the Mortality of my Body & know- ing that it is appointed for all men once to die, Do make & ordain this my last Will & Testamt that is to Say prin- .
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MAINE WILLS.
cipally, and first of all, I give & recommend my Soul into the Hands of God that gave it; And my Body I recommend to ye Earth to be buried in decent christ" Burial at the Dis- cretion of my Execut" 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.
Impr I give & bequeath unto my well beloved Wife Mary Fernald all my personal Estate wheresoever & whatsoever to be to her own disposal as She Shall See meet.
Item. I give & bequeath to my beloved Son Benjamin Fernald his Heirs & Assigns forever, Ten Acres of Land out of my Homestead or Home Lot, Vizt that part of Said Lot that lies on ye Eastern Side of the High Way which leads from Piscataqua Ferry to Gowells Bridge, beginning at the Northwest Corner thereof in the Crotch of the High Way near Richard Gowells Barn, and from Said Corner to run Southerly Forty Poles by the Said High Way, and from ye Sª High Way to run Easterly by ye High Way which leads from Said Gowells to Spruce Creek Bridge carrying the Breadth of ye Sª Forty poles Eastward until the Said ten Acres be compleated, with all & Singular the Priviledegs & appurtenances thereto belonging or in any Wise appur- taining to be to his & their own proper Use Benefit & Be- hoof forever.
And I also give & bequeath unto my Said Son Benjamin his Heirs & Assigns All the Wood growing & lying on four Acres of my Land in ye upper Parrish in Said Town begin- ning thirty poles Westward from the Southeast Corner, of my Said Land by the Land that was formerly Col" Joseph Hammonds Decd and to run from thence twenty poles & one Quarter of a pole Westerly by Said Hammond's Land, and from S' Hammond's Land to run a Square across my Land Northward carrying the Breadth of ye Sª twenty poles & a , quarter of a pole until the Said four Acres of Wood be
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MAINE WILLS.
compleated, which Wood aforesd my Said Son & His Heirs or Assigns Shall hereby have Liberty to cut & carry off when & where he or they Shall See meet, without any moles- tation or Hinderance of any person or persons whatsoever.
Item. I give & bequeath to my beloved Son Mark Fernald his heirs & assigns forever, all the remaining part of my Homestead or House Lot where I now dwell, and also another Tract of my Land which I now possess in the aforesª Town which joins to Thomas Spinneys Land with all & Singular the privilidges & Appurtenances to the Same belonging or in any Wise appertaining to be to his & their own proper Use Benefit & Behoof forever. And I also give and bequeath unto my Said Son his Heirs & Assigns all the Wood growing & lying on four Acres of my Land in the upper Parish in Said Town, beginning at the Southwest Corner of the Tract of Wood which I have given my Son Benjamin aforesª in these presents, and runs Westerly by Said Hammonds Land twenty poles & one quarter of a pole and from Said Hammond's Land to run a Square across my Land Northerly joining to the Wood I have given to my Son Benja carrying the Breadth of ye Sa twenty poles & one quarter of a pole until the Said four Acres of Wood be compleated, which wood aforesd my Said Son Mark & his Heirs or Assigns Shall hereby have Liberty to cut & carry off, when and where he & they Shall See meet without any Molestation or Hinderance of any person or persons what- soever. My Will is that if either of my two Sons Benjamin or Mark Should die & leave no Heirs, that the Survivor & his Heirs & Assigns Shall inherit the whole eight Acres of Wood, which I have given them in these presents. My Will is that if both of my Sª Sons Benja & Mark aforesª Should die & leave no Heirs that my beloved Son James Fernald & His Heirs & Assigns Shall inherit & enjoy the afores' eight Acres of Wood forever.
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MAINE WILLS.
Item I give & bequeath to my beloved Son Iames Fer- nald his Heirs & Assigns forever all that Tract of Land which I now possess in the upper Parish in ye aforest Town it being Seventy Acres or thereabouts lying on ye Eastern Side of Someons's Brook near Iohn Tobeys, with all and Singular the Priviledges & Appurtenances thereto belonging or in any wise appertaining except the eight Acres of Wood which I have in these presents given to my two Sons Mark and Benjamin to him the Sa James Fernald his Heirs & Assigns forever to be to his & their own proper Use benefit and Behoof forever.
Item I give & bequeath unto my beloved Daughter Mary Fernald fourteen pounds in lawful Money to be paid out of my Estate Seven pounds whereof to be paid by my Son James Fernald & the other Seven pounds to be paid by my Son Mark Fernald, Both payments to be made when She Shall arrive to ye Age of twenty Years My Will is that if my Son Benja Fernald Should die & leave no Heirs that the Ten Acres which I have given him in these presents Shall descend to my Son Mark Fernald & his Heirs & Assigns forever to Use Occupy possess and enjoy forever as his own & their proper Right.
My Will is that if my Son Mark Should die & leave no Heirs that the two Tracts of Land which I have given him in these presents Shall descend & become the proper Right of my Son Benjamin Fernald his Heirs Assigns forever to use occupy & enjoy as Such forever.
Lastly. I do constitute make & ordain my beloved Wife Mary Fernald aforesd my only & Sole Executrix of this my last Will & Testament, And I do hereby utterly revoke dis- allow all & every other former Testam' Wills Legacys Be- quests & Executors by me in any Way before named willed or bequeathed, ratifying & confirming this & no other to be my last Will & Testament. In Witness whereof I have here-
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MAINE WILLS.
unto Set my Hand & Seal the Day & Year in these presents first Written. Iames Fernald j' (Seal)
Signed Sealed published pronounced & declared by the Said Iames Fernald as his last Will & Testamt in the pres- ence of us the Subscribers
Benja Fernald Richard Gowell Thomas Dennet
Probated 25 April 1757. Inventory returned 8 June 1757, at £1006: 18: 9, by Zachariah Nock, Nathaniel Remick and Benje Fernald, appraisers.
Probate Office, 9, 221.
I Thomas Black of Kittery in the County of York. and Province of the Massachusetts Bay Labourer being bound on an Expedition in His Majts Service, and not knowing whether ever I shall return, and how it may please Almighty God to deal with me, Do make this my last Will & Testament as follows, I would humbly commit my Soul to God, beging for the pardon of all my Sins, and eternal Salvation thro the Lord Jesus Christ, and my Body I commit to ye Earth to be buried : And as to the Small Interest, that I now have or may belong to me, I give & dispose of as follows Vizt.
Impr I give to my Brother Henry Black my Gun and wearing Apparel, and the one half of my real Estate and one half of the remainder of my personal Estate to him his Heirs and Assigns forever.
Item. I give to my Sister Margery Black one half of my real Estate, and one half of the remainder of my personal Estate to her Heirs and Assigns forever. I constitute and appoint my Brother Henry Black Sole Executor of this my
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MAINE WILLS.
Will. In.Witness whereof I have hereunto Set my Hand & Seal the thirtieth Day of April A. D. 1756.
Signed Sealed & declared by the
his
Said Thomas Black as his last
Thomas
Black (Seal)
Will in presence of us, his
mark
Simon Frost Nicholas X Weeks
Joseph Harmon mark
Probated 17 May 1757.
Probate Office, 9, 228.
In the Name of God Amen. This first Day of April in the year of our Lord 1756, I Job Burnam of Scarboro in ye County of York & Province of the Massachusetts Bay in New England Yeoman being under the Infirmity of old Age, but by ye blessing of God do Still retain my usual perfec- tion of Mind & Memory, yet not knowing how Soon it may please God to call me hence, I do therefore make & ordain this my last Will & Testamt that is to Say principally & first of all, I recommend my Soul unto God, whenever it Shall please him to call for it: And my Remains to a christian like & decent Burial in the Earth at ye Discretion of my Executors, And as touching Such worldly Estate wherewith it hath pleased God to invest me with in this Life, I give and dispose of the Same in the following Man- ner & Form.
Impr I give & bequeath to Rebecca Burnam ye relict Widow of my late Son Daniel Burnam Decd the Improve- ment of Fifty two Acres of Land or be the Same more or less, together with ye dwelling House Barn &c. Standing on the Same in Scarboro aforesd meaning the Same where & in
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MAINE WILLS.
which She now dwells, for & during her natur' Life in order the better to enable her to bring up her young Children which She bare to my Said Son Daniel Deceased.
Item. I give to my well beloved Son Iob Burnam junr Five pounds lawful Money to be paid to him out of my Estate by my Executes within the Term of one year after my Decease.
Item. I give to & among my Grand Children ye Children of my late Son Daniel aforesd Decd Vizt to Daniel Burnam Thos Burnam Robert Burnam Samuel Burnam Iob Burnam Rebecca Burnam and Solomon Burnam to each & all of them in equal Proportion all my Estate real & personal, both what I have now in Possession or Should or ought to have, together with all whatsoever that I have a Right unto in Reversion or that may ever hereafter revert to them in my Right (except so much of my moveable Estate as Shall be Sufficient to pay all the just Debts from me owing to any & all persons whatsoever, as also to pay the Legacy aforesª) All which my Will is Should be paid as Soon as may be after my Decease, And I hereby also nominate appoint & ordain my well beloved Grand Sons Daniel Burnam and Thomas Burnam before named both of Scar- borº aforesd Yeomen to be the Executors of this my last Will & Testament, And I do hereby utterly disallow & revoke all & every other Will & Testamt Legacys Bequests & Executors by me in any Ways before this time named Willed & bequeathed, ratifying & confirming this & no other to be my last Will & Testamt. In Witness whereof I have hereunto Set my Hand & Seal ye Day & year first above mentioned. his
Iob
Burnam (Seal)
mark
Signed Sealed Published pronounced & declared by ye Said Job Burnam to be his last Will & Testament in the
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MAINE WILLS.
presence of us the Subscribers, Ioshua Purington Nathaniel Fynlayson Richª King.
This will was disallowed by the Judge of Probate, 17 May 1757.
Probate Office, 9, 242.
In the Name of God Amen. I James Merrill of the town of Falmouth in the County of York in His Majestys Prov- ince of the Massachusetts Bay in New England Gent" being Sensible of my own fraility & Mortality, but as yet of per- fect Mind & Memory Thar be to God, I do make this my
last Will & Testament, T 'all, I commend my Soul to
God thro Iesus Christ dy to the Earth. Touch-
ing the worldly Est? i it hath pleased God to
bless me in this Li' mise & dispose of in the fol-
lowing Manner &
1. After my Legacies & funeral Charges are paid and dis give & bequeath unto my loving &
well below ary Merrill the Use & Improvemt & Profit of part of my real Estate during her nat-
Household Goods to dispose of as She
to my four Grand Children ye Children of my rrill Decd Vizt Israel Abia Nicholas & Levi Actes of Land which I purchased of Brigad" Samuel Wal : which Fifty Acres of Land is to be on ye upper Side of the Land next toward Pesumpscot Falls, it is to extend the whole length of the Land, which Land is to be theirs at the Age of twenty one Years and not before.
3. I give unto my Son Humphry Merrill ten Shillings lawful Money in one year after my Decease to be paid by my Executor he having recd a considerable already.
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MAINE WILLS.
4. I give unto my Daughter Rebecca Cauly ten Shillings, lawful Money in one year after my Decease to be paid by my Executor She having reca a considerable already.
5. I give unto my Daughter Priscilla Merrill ten Shillings lawful Money in one Year after my Decease to be paid by my Executor She having recd considerable already.
6. I give unto my Son Adams Merrill & to his Heirs and Assigns forever. Two thirds of all the real & personal Es- tate excepting the Household Goods already mentiond imme- diately after my Decease ; And I give unto my Son Adams the other third part immediately after the Decease of his Mother above named that is all the Estate that I have ex- cepting Fifty Acres that is already disposed of and what will be hereafter mentioned.
7. I give unto my Son Iames Merrill the remaining part of that Land I purchased of the above sª Waldo to be and remain to him & his Heirs & Assigns forever, his being the lower Side of the Land, and to extend ye whole length of Said Land the Said James paying Thirteen pounds Six Shil- lings & eight pence, where my Executors Shall cause it to be paid.
8. I give unto my Son Ioshua Merrill his Heirs & Assigns Fifty Acres of Land out of the place that I now live on where he & my Executor Shall Agree, he the Said Joshua paying twenty six pounds thirteen Shillings & four pence lawful Money where my Executor Shall cause it to be paid.
9. I give unto my Daughter Mary Noyes Six pounds thir- teen Sbillings & four pence lawful Money to be paid in one year after my Decease by my Executor She having had con- siderable already.
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10. I give unto my Daughter Dorothy Merrill twenty pounds lawful Money to be paid in one Year after my De- cease by my Executor.
11. I give unto my Daughter Susanna Merrill twenty pounds lawful Money to be paid in one year after my Decease by my Executor.
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MAINE WILLS.
12. I give unto my Son Silas Merrill Forty pounds lawful Money to be paid in one year after my Decease by my Executor.
13. My Will is notwithstanding what is above given unto my four Sons, as above named Viz' Adams Iames Joshua and Silas that if either of my Said four Sons depart this Life without any Child lawful begotten of his Body, that then the other of my Said four Sons that Shall Survive Shall have it equally divided amongst them
And my Will is and I do hereby nominate constitute and appoint my Son Adams Merrill to be the Executor of this my Will to receive all my Debts, and to pay all my Debts Legacys & funeral Charges, And I do ratify & confirm this & no other to be my last Will & Testament. I Witness & Confirmation whereof I the above named Iames Merrill have Set to my Hand & Seal the Sixth Day of April in the twenty Sixth Year of the Reign our Soverign Lord George the Second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c. Anno Domini 1753. Signed Sealed & Delivered by the
above named Iames Merrill to be his last Will & Testamt in pres- ence of us James Wyman Nathan- iel Lock Nathan Noyes.
Iames Merrill ( seal)
Probated 3 October 1757.
Probate Office, 9, 255.
In the Name of God Amen. I William Sellers of York in the County of York Wheelwright being of a Sound Mind & Memory, Thanks be to God, tho much infirmed & dicriped, and not knowing how Soon it may please God to call me out of this World, Do make this my last Will & Testament, and
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MAINE WILLS.,
dispose of Such Worldly Estate wherewith it hath pleased God to bless me in this Life in Manner & Form following.
.
Impr I give & bequeath unto my loving Wife Ruth Sellers all my personal Estate both within Doors and without to be disposed of by her in Such Way & Manner as to her Shall Seem meet, And the Use & Improvement of all my real Estate during her natural Life, provided She don't marry again, but if She does, then She Shall have no other in my Estate than what the Law allows a Widow in Case of Intestates.
Item. My Will is that all my just Debts funeral Charges & Legacies hereafter named Shall be paid by my Son Joseph hereafter named out of what I intend for him.
Item. I give & bequeath unto the four Children of my Son John Decd One pound Six Shillings & Eight pence law- ful Money each, to be paid them by my Son Joseph as Soon as his Mothers Term in ye aforesª Estate be ended & not before.
Item. I give to my Daughters Mary Sarah Ruth Joanna Elizabeth & Patience each of them, one pair of Gloves at the time of my Decease to be paid them by their Sª Brother Ioseph.
Item. I give & bequeath to my aforesaid Son Joseph his Heirs & Assigns all my real Estate after my Said Wife's Term in the Same be ended as aforesd with ye Privilidges and Appurtanances Reversions & Remainders of the Same he my Said Son Joseph paying my just Debts funeral Charges & Legacys aforesaid. And finally I appoint my Said Wife Ruth Sellers Sole Execut* of this my last Will & Testament, And do hereby utterly disannul all & every other Testament Wills Legacies & Bequests by me in any Ways before named Willed & bequeathed ratifying & con- firming this & no other to be my last Will & Testament. In Witness whereof I have hereunto Set my Hand & Seal, the
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MAINE WILLS.
29th Day of Septem" in ye 30th Year of His Majts Reign, Annog Domini 1756. his
Signed Sealed published pronounced & declared by the Sª Wm Sellars as his last Will & Testamt in presence of us Benja Webber Dane1 Moulton Diamond Sergent.
William
N Sellers (Seal)
mark
Probated 13 February 1758.
Probate Office, 9, 258.
The Sixteenth Day of March in the Year of our Lord one Thousand Seven Hundred & fifty Six : I Andrew Neal of Kittery in the County of York in the Province of the Massachusetts Bay in New England Husbandman being Sick or weak of Body, but of perfect Mind & Memory Thanks be given to God for the Same, Therefore calling to mind the Mortality of my Body and that it is appointed for all men once to die, do make & ordain this my last Will & Testa- ment That is to Say, first of all, I recommend my Soul to God that gave it, and my Body I recommend to ye Earth to be buried in decent Manner according to ye Discretion of my Executor hereafter named : And as touching Such worldly Estate wherewith it hath pleased God to bless me in this Life, I give & dispose of ye Same in ye following Manner & Form.
Item. I give & bequeath to my Son Johnson Neal Fifty Acres of Land it being my part of a hundred Acre Lot in Berwick which was divided between me & my Brother Iohn on part of which Lot he now lives to him & to his Heirs & Assigns forever, He the Said Johnson Neal paying to his three Sisters namely Phebe Brown Catharine Neal & Dorcas
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MAINE WILLS.
Neal twenty pounds lawful Money or in other Things to their acceptance in two years after my Decease to each of them equally.
Item. I give & bequeath to my Son Andrew Neal, and to his Heirs & assigns forever all other Lands that I own lying and being in the Township of Berwick aforesaid.
Item. I give & bequeath to my Son James Neal whom I constitute make & ordain my Sole Executor of this my last Will & Testament to him & to his Heirs & Assigns forever all my Lands that I possess or own lying & being in ye Township of Kittery with all the Priviledges & appurte- nances to ye Same belonging, he the Said James Neal paying to his four Sisters namely Hannah Hubbard Phebe Brown Catherine Neal & Dorcas Neal to each of them four pounds lawful Money in two years after my Decease. I also give to my Said Executor my Carts Plows Chains & all Instruments for Husbandry Business ; And I give one of my Guns to Iames, and the other two to Andrew above named. I also give to my Son James his Heirs & Assigns forever two Acres of Salt Marsh which my Father. gave to me, lying in the town of York.
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