USA > Maine > Maine wills. 1640-1760, Vol. II > Part 25
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Also I give to my well beloved Sons Iames Nickels Will- iam Nickels Alexander Nickels Iohn Nickels & Samuell Nickells all the whole remaining part of my real Estate together with the Saw Mill, and what concern I have in Vessels at Sea, That at ye Term of four Years ensuing the Date hereof Shall be equally divided amongst them, Except- ing the Meadow at the Head of Kenedys Marsh I will & bequeath to my Daughter Mary & her Husband, when they my abovesd Sons Shall pay what Debts I owe, together with the following Sums, which I will order and Appoint to my Daughters viz to my Daughter Margaret the Sum of Forty pounds lawful Money, And to my Daughter Iane the Sum of Fifty three pounds Six Shillings and eight pence ; and to my Daughter Hannah the Sum of Forty pounds, and to my Daughter Elizabeth the Sum of Fifty three pounds Six Shillings & Eight pence.
I also will & appoint these my Sons Severally & annually after the Experation of the four Years above mentioned as long as God Shall think fit to continue my well beloved Wife in this Life the Sum of Five pounds annually for her Support. I also order & appoint my Son Alexander to have his part of Land adjoining his dwelling House And my Son Samuel to have the West End of my dwelling House in his part according to the Valuation of ye Same.
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MAINE WILLS.
I likewise constitute make & ordain my well beloved Sons Alexander Nickells Samuel Nickells & William Millar my Son in Law to be my only & Sole Executors of this my last Will & Testament ; And I do hereby utterly disallow revoke & disannul all & every other Testamts Wills & Legacys Bequests & Executors by me in any Ways before this time Named willed & bequeathed, Ratifying and confirming this & no other to be my last Will & Testam' In Witness where- of I have hereunto Set my Hand and Seal the Day & Year above written
his
Alexander
Nickels (Seal)
mark
Signed Sealed published pronounced & declared by yo Said Alexander Nickels as his last Will & Testament in the presence of us the Subscribers that is to Say
William McCleland John Cunningham & Mary Millar
Probated 2 Oct. 1758. Inventory returned 29 Sept. 1758, at £912: 6: 7, by John Ballan- tinin, William McCleland and John Cunningham, appraisers.
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Probate Office, 10, 35.
In ye Name of God Amen. The Seventh Day of Iune Annog Domini One Thousand Seven Hundred & Fifty eight, I Ann Fox of Falmouth in the County of York and Prov- ince of the Massachusetts Bay in New England Widow being very Sick & weak in Body but of a Sound & disposing Mind & Memory, Thanks be given to God, and knowing that all must die, and expecting to my Self Shortly, I resign my Soul to God to be by him disposed of for Eternity, and my Body to the Earth to be buried in decent Christian Burial at the Discretion of my Executors hereafter named; And as touching my Worldly Estate, I give demise & dispose of the Same in the following Manner & Form.
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MAINE WILLS.
Imprs It is my Will that all my just Debts & funeral Charges be first paid out of my Estate.
Item. I give & bequeath unto my dearly beloved Children John Fox & Mary Fox equally the whole of what was be- queathed me by my late hond Father Michael Hodge of Salis- bury Deca in his last Will & Testament, to them their Heirs and Assigns forever, Excepting the Household Stuff therein mentionª which I give to my three Daughters Hannah Lucy & Ann Jones.
Item. It is my Will that ye Expence & Charge of Educa- tion & bringing up my two Children aforesd vizt John & Mary Fox be paid out of Some other part of my Estate, than what was bequeathed me by my hond Father aforemen- tioned they to be educated & brought up decently, till Such times as they are capable to provide & Act for themselves ; And the Remainder of my Said other Estate after that ; to be equally divided between my five Children vizt Hannah Jones Lucy Iones Ann Iones, John Fox & Mary Fox them their Heirs and Assigns forever.
And I do constitute make & ordain Stephen Longfellow of Falmouth aforesd Gent" and my aforesd Daughter Lucy Jones Joint Executors of this my last Will & Testament. And I do hereby utterly disallow revoke & disannul all & every other former Testamts Wills Legacys Bequests & Ex- ecutors by me in any ways before named willed & bequeathed. Ratifying & confirming this and no other to be my last Will & Testament. In Witness whereof I have hereunto Set my Hand & Seal the Day & Year above written. Signed Sealed published pronounced Ann Fox (Seal)
& declared by ye sª Anne Fox as
her last Will & Testamt in ye pres-
ence of us ye Subscribers Benja Titcomb Sarah pearson Ann Titcomb
Probated 5 Oct. 1758. Inventory of personal estate appraised at £123: 11: 5, old tenor, or £16: 9: 6, " lawful money," by James Gooding, William Cotton and James Milk, 3 Jany 1761, besides four tracts of lands the valuation of which is not carried out.
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MAINE WILLS.
Probate Office, 10, 36.
North Yarmouth August 12. 1758.
We the Subscribers being this Day at the House of Mr Moses Brown in Said Northyarm" where one Ionathan Stubs being Sick (which Said Ionathan belonged to Falmo in ye County of York) And the Said Ionathan calling his Wife Huldah Stubs, and taking her by the Hand Said he was about to leave her, and at the Same time desired us to bear Witness to the following Words by him Spoken to her Vizt. That as touching such worldly Goods & Estate as he was possessed of his Will was, and accordingly he did give & bequeath to his Said Wife Huldah, and the Child or Chil- dren born of her Body all his Estate both real & personal excepting his Wearing Apparel, the which he gave to his Brother Richard Stubs & Ionathan Underwood to be dis- posed of among his Relations as they Should think proper. He being asked whether his meaning was that in Case his Said Wife Shou'd not have a Child by him begotten that his Estate Should go to her Child or Children by another Hus- band after him in Case of any, he answered that that was his Meaning but that if his Wife Should die & leave no Issue, that then his Estate Should go to his Brother Richard Stubbs & his Sisters to be equally divided among them. Also that his Said Wife Shou'd be Sole Executrix of this his last Will & Testament. He being ask'd if he would not have his Will wrote in a proper Manner, he replied there would not be time therefor, it being urged that it might pre- vent troble after his Death whereupon he consented ; and an attempt was made to reduce the Same in Form, but before
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MAINE WILLS.
it could be completed he was unable to execute the Same and Soon died. her
Gilbert Winslow. Mary X Brown
mark her Ioanna X Brown mark
Sworn to by all the attesting witnesses, and allowed in Court, 2 Oct. 1758. Inventory returned 23 Sept. 1753, at £182: 2: 4, by Benj. Mogaridge, Samuel Fisher jr., and Nathaniel Blancher jr., appraisers.
Probate Office, 10, 39.
In the Name of God Amen. The Seventeenth Day of April 1758. I Gideon May of Berwick in the County of York in the Province of the Massachusetts Bay in New Eng- land Husbandman, being of perfect Mind and Memory, Thanks be given unto God calling to Mind the Mortality of my Body, and knowing it is appointed unto 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, that gave it, and my Body to the Earth to be buried in decent Christian Manner at the Discretion of my Executor, 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 and Form.
Imp. I give & bequeath to my dearly beloved Wife Mary the Use & Improvem' of all my Estate real & personal my House Barn Stock Land & whatsoever is to me in any Meas- ure belonging or in any Wise appertaining during her natural Life She paying out of it all my honest Debts.
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MAINE WILLS.
Item. I give & bequeath to Samuel May Hardison what Shall be left of my Said Estate at ye Decease of my beloved Wife Mary to him & his Heirs & Assigns forever, or if the abovesd Samuel May Hardison decease before my beloved Wife Mary, then I give & bequeath my Said Estate to Joseph Hardison j' to him his Heirs & Assigns forever.
Item. I do likewise constitute appoint & ordain my beloved Wife Mary the Sole Executrix of my last Will & Testament ; and I do hereby utterly revoke & disannul all & every other former Wills Legacys Testamts & Execut's by me made rati- fying & confirming this and this alone to be my last Will & Testament.
In Witness whereof I have hereunto Set my Hand & Seal the Day & Year above written.
Gideon May
Signed Sealed published pronounced & declared by the Said Gideon May as his last Will & Testament in presence of us the Subscribers Witnesses Daniel Libbey jun' Joseph Hardison.
Probated 17 Oct. 1758. Invent ry returned 11 Oct. 1758, at £101: 4: 3, by Daniel Libby jr., Isaac Brackett and Nathaniel Gubtail jr., appraisers.
Probate Office, 10, 40.
In the Name of God Amen. The Ninth Day of May 1758. I Thomas Holmes of Berwick in the County of York in the Province of the Massa : Bay in New Englª Yeoman being of perfect Mind & Memory Thanks be given unto God calling unto Mind the Mortality of my Body, and knowing that it is appointed unto all men once to die, Do make & ordain this my last Will & Testament, 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 Christian Burial at the Discretion of my
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MAINE WILLS.
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 the Manner & Form following.
Impr. I give & bequeath to my dearly beloved Wife Sarah the Use & Improvem' of the one half of my Homestead Lot with the Appurtenances & priviledges thereunto belonging ; also the Use & Improvemt of my House Barn & Utensils for Husbandry during her remaining a Widow.
Item. I give & bequeath to my Said Wife one Yoke of Oxen my Cows Sheep & all Swine for her Use & Improvemt during her Widowhood ; and all that Shall remain of my own proper Stock in Cattle at her Decease, I give & be- queath to my Brethren and Sisters to be equally divided amongst them.
Item. I give & bequeath to my beloved Brother William Holmes all my Right Title & Interest in & to the Lot whereon my Father & Said Brother William now dwells, which was formerly the Land of Thomas Newbury to him & his Heirs forever, together with Six Acres of Land adjoining · to the abovesd Lot, on which my Father & sd Brother dwells which I purchased of Ioseph Stone to him & his Heirs forever.
Item. I give & bequeath to my Said Brother William Holmes Four Acres of Land contained in ye Field whereon my Barn now Stands to him & his Heirs forever.
Item. I give to my beloved Brother Samuel Holmes Fif- teen Acres of Land being part of the Common Rights lying upon ye Westermost Side of little River, to him & his Heirs forever.
Item. I give & bequeath to Joseph Holmes Son of my Said Brother Samuel Holmes my House Orchard & Inclosure whereon it Stands being about Four Acres after the Decease of my Wife, or if She Should marry again at her Marriage to him & his Heirs forever.
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MAINE WILLS.
Item. I give to my Servant Paul Welch a Yoke of Oxen my Gun & my Wearing apparel.
Item. I give & bequeath to ye Said Paul Welch & Thomas Furnace all my Right & Title to one quarter of a whole Right lying in the Township at the Head of Berwick called Lebanon to be equally divided between them to them & their Heirs forever.
Item. I do likewise constitute make & ordain my beloved Brother William Holmes the Sole Executor of this my last Will & Testament. And I do hereby utterly disallow revoke and disannul all former Wills Legacys Bequests & Execut's by me in any wise before willed & bequeathed, Ratifying and Confirming this to be my last Will and Testament. In Witness whereof I have hereunto Set my Hand & Seal the Day & Year above written. Thomas Holmes (Seal) Signed Sealed published pronounced
& declared by ye Se Thos Holmes as his last Will & Testamt in the Presence of us the Subscribers Nathan1 Libbey Patrick Gowen
Iohn Andrews.
Probated 17 Oct. 1758. Inventory returned 9 Oct. 1758, at £208: 7: 1, by Samuel Bracket, Nathaniel Libbey and Patrick Gowen, appraisers.
Probate Office, 10, 53.
In the Name of God Amen. I Dorcas Cutt of Kittery in the County of York in the Province of the Massachusetts Bay in New England Widow being aged & infirm, and not knowing how soon it may please the Allwise God to call me from this World, do make & ordain this to be my last Will & Testament. I firmly depend on the Merey of God. I trust in ye Merits of Christ. I commit my Soul to the Care of my Redeemer. And my Body I commit to the Earth to
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MAINE WILLS. .
be decently interr'd at the Discretion of my Executor here- after named : But being Sensible of ye Vanity of Splendid & pompous Funerals my Will is that Rings be not given at my Funeral nor Plates fixt on my Coffin. And if there be any thing left that Shou'd be given to the poor, I refer that to ye Discretion of my Executor And my Will is that what- soever of Right is due from me to any one be paid in con- venient time after my Decease by my Executor hereafter named.
I give & bequeath to my beloved Daughter Mary Whipple her Heirs & Assigns all my Household Goods & Furniture Money Notes & Bonds, and all my moveable or person! Estate of what Nature kind or Quality soever. And having by Deed of Sale granted to my Son William Whipple and my Daughter Mary Whipple a Tract of Land on ye Road between Kittery & York which Deed bears Date the 28th Day of February one thousand Seven Hundred & Forty six I do hereby Ratify & confirm the Same to them according to the Tenor of said Deed.
I give & bequeath to my beloved Daughters Katharine Moffat, Mehetable Odiorne & Elizabeth Whipple their Heirs and Assigns in equal Shares that part of the Land belongs formerly to M' John Hoel which my late Husband by his last Will & Testament ordered that I should have the Dis- posal of, and which is not fenced nor improved, having by Deed granted the other part vizt that which is fenced and improved to my Son & Daughter William & Mary Whipple as abovesaid.
I give to my Daughter Elizabeth Whipple my black Trunk and what is contained therein.
I do hereby constitute & appoint my beloved Son Wm Whipple Sole Executor of this my last Will & Testament, Revoking & declaring void all other Wills by me at any time before made by Word or Writing, and confirming this & no other to be my last Will & Testament.
In Witness where of I have hereunto Set my Hand and
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MAINE WILLS.
Seal this twenty sixth Day of May Anno Dom 1749. In the 22ª Year of His Majestys Reign.
Signed Sealed pronounced & declared by ye Said Dorcas Cutt to be her last
Dorcas Cutt (Seal)
Will & Testament in ye presence of us
Meshech Weare Caleb Sanburne Ebenezer Adams
Probated 3 Ang. 1758.
Probate Office, 10, 54.
In the Name of God Amen.
The tenth Day of October 1757, I Benjamin Stacy of Kittery in the County of York and Province of the Massa- chusetts Bay Yeoman being infirm of Body, but thro divine Goodness of Sound Mind & Memory, and calling to Mind the Mortality of my Body, and ye Uncertainty of Life, Do make & ordain this to be my last Will & Testamt viz' and in the first place, I recomend my Body to the Dust to be buried in Christian Manner at ye Discretion of my Executrix here- after named, and my Soul to God who gave it, hoping to obtain the Mercy of God thro Iesus Christ to Eternal Life, And as to what worldly Estate it hath pleased God to bestow on me in this Life I dispose of it in the fol- lowing Manner Vizt
Impr I give & bequeath to my well beloved Wife Sarah Stacy the Improvem' of all my Estate both real & person1 (except what I hereafter give to my Son Ichabod) until the Sons to whom it is given come of Age viz y" Age of twenty one Years, and of that part of my Estate in Kittery I pur- chased of Samuel Odel, I give her the Improvemt during her natural Life ; And after her Decease I give the Land &
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MAINE WILLS.
Appurtences I bought of Said Samuel Odel to be equally divided to & amongst my Daughters to them their Heirs & Assigns forever. I likewise give to my Said Wife all the Wood on that Ten Acres of Land in Kittery I purchased of Iames Gowen for her own Use during Life, and likewise Liberty to cut & hall her firewood off from any other of my Land as She may have Occasion for her own Use, And like- wise the Improvement of about Fifteen Acres of Land & Meadow more or less in Berwick, where Robert Allen did formerly live lying between the Land I had of Madr Mary Frost & ye Way during her Life reserving to my Son Icha- bod a Way through the Same as is hereafter mentioned the Fifteen Acres as aforesd in Lieu of her Thirds of all & every of my Lands in Berwick. I likewise give my said Wife all my moveable Estate of all kinds, except what I may or do hereafter dispose of including my Negro Man & all Debts due to me, for her Use in bringing up my Children in the best Manner she can ; She paying my just Debts & Funeral Charges, and to divide ye remaining part equally amongst my Daughters when She sees meet I likewise give her the Use of the whole House & half the Barn vizt the Easterly End of the Barn during Life
Item. I give & bequeath to my beloved Son Ichabod Stacy Forty Acres of Land more or less in Berwick afore- said between the Lands I bought of Madm Mary Frost & the Lands of Joseph Ricker it being ye Same Land & Meadow I purchased of the Widow Mary Allen, and part of what I purchased of Robert Allen, and all I bought of Iede- diah Allen & Joseph Ricker ; And likewise I give my said Son twenty acres more or less, which I purchased of the Heirs of Iames Staple Decd The Eastern Bounds of Said Forty Acres is to go no further than ye Western Line of the Fifty Acres I had of said Mary Frost, and to run from the South- west Corner of said Fifty Acres thro Grants Marsh on a South Course to the Extent of my Land there. I likewise give my said Son Thirty Acres of Land in Berwick aforest
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MAINE WILLS.
for a Wood Lot, in Lot Number Five in the Second Check of ye Division of the common Land of the Proprietors of Kittery in Berwick aforesd I likewise give him ye Priviledge of a Way to pass & repass as he Shall have Occasion thro the Lands I had of Madr Frost aforesd and the Lands I had of Robt Allen to the High Way He making & maintaining Gates or Barrs at his own Cost and keeping them up, and doing as little Damage as may be and if any Damage come to his Brothers thro his Means or Neglect in leaving open or not making Sufficient Gates or Bars he Shall be accountable and make good the Same. The foregoing Bequests is to my Son Ichabod his Heirs & Assigns forever in Fee Simple.
Item. I give & bequeath unto my Son Benjamin Stacy all that Fifty Acres of Land more or less which I purchased of Mad™ Mary Frost in Berwick with ye Buildings and Appur- tenances, which Sª Fifty Acres lieth between ye Lands I have before given to my Son Ichabod, and the Lands formerly laid out to Dan1 Emery Decd and all ye Meadow Land at the South End thereof carrying ye Same Breadth of ye Said Fifty Acres ; All to be improved by his mother till he comes of ye Age of twenty one Years; And after his Mothers Decease I likewise give him all that Fifteen Acres more or less between ye Said Fifty Acres & the Way which I have before given his Mother ye Improvemt of during her natural Life only reserving to his Brother Ichabod a Way thro ye Same as before mentioned. I likewise give my Said Son Benjamin Thirty five Acres of Wood Land in Berwick aforesd Ten Acres of which is in Lot No five in ye Second Check & twenty five is in Lot Nº Six in ye Sª Second Check of ye Division of ye Common Lands there, all which is to him his Heirs & Assigns for ever in Fee Simple, he paying to his two oldest Sisters vizt to Hannah & Lydia to each of them a Cow when he comes of age immediately after his Mothers Decease or in Failure thereof to pay each of them three pounds lawful Money in Cash.
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MAINE WILLS.
Item. I give & bequeath to my Son John Stacy all my Lands in Kittery, except what I purchased of Samt Odell, ye Same to be improved by his Mother till he comes of ye Age of twenty one Years, And after that he is to manage ye Same to ye best Advantage, and render to his Mother one third part of the Produce into ye House; the whole of which I allow her during her Life; And in ye Barn ye Easterly half of which She is to have & improve during her natural Life all which is to be done in ye proper Season thereof, my Said Son to have the Westerly half of the Barn as Soon as he comes of age; and all the other Buildings after his Mothers Decease all which is given to him his Heirs and Assigns forever in Fee Simple he paying when he comes of Age to each of my Five Daughters viz to Hannah Lydia Sarah Mehetable & Meribah one Good Cow to each, or in Lieu thereof three pounds lawful Money to each of my Said Daughters.
Item. I give to my Daughter Hannah in Fee Simple twenty one Acres of Land in Lot Nº Fourteen in the first Check in ye Division of the Common Lands of the Proprie- tors of Kittery in Berwick.
Item. I give to my Daughter Lydia in Fee Simple twenty Acres of Land in Lot Number twenty five in the said first Check.
Item. I give to my three other Daughters viz Sarah Mehetable & Meribah Seventy five Acres of Land in Fee Simple in Lot Number fifty seven in ye first Check and five Acres in Number Fifty two in ye Same Check to be equally divided amongst them ; And after my Wife's Decease I give to my Five Daughters before mention'd in equal Shares in Fee all that Ten Acres of Land more or less in Kittery I had of Sam' Odell with the Buildings & Appurtenances.
And my Will is, That if either of my Sons die before they come of Age & leave no Issue his Portion Shall be equally divided between the other Sons ; and if either of the Daugh-
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MAINE WILLS.
ters die before they come of Age unmarried & leave no Issue her Portion is to be equally divided amongst ye Daughters.
And I leave Seventy acres of Land in Berwick in Lot Num' Six in ye Second Check to remain in my Wife's Hands till all the Sons comes of age, and after that if there be no Necessity to Sell or dispose of the Same to pay Debts or Charges that may hereafter arise the Same shall be equally divided amongst my three Sons when my Wife Sees Cause to deliver the Possession thereof to them.
In the last place, I appoint & ordain my Well beloved Wife Sarah Stacy Sole Executx of this my last Will & Testa- ment, Renouncing all other Wills by me heretofore made and do declare this & this only to be my last Will & Testamt.
In Witness whereof I have hereunto Set my Hand & Seal this tenth Day of October in the 31st Year of His Majts Reign, 1757.
Benja Stacy (Seal)
Signed Sealed published pronounced & declared by the said Benja Stacy to be his last Will & Testament in presence of Gattensby Wittum Iohn Emery jun' Caleb Emery Daniel Emery jun' Noah Emery.
Probated 9 Nov. 1758.
Probate Office, 10, 59.
In the Name of God Amen.
This Ninth Day of May Anno Domini one thousand Seven Hundred & Fifty eight. I Benjamin Welch jun' of North Yarmouth in the County of York & Province of ye Massa- chusetts Bay in New England Husbandman being in perfect Mind & Memory Thanks be unto God therefore Calling to Mind the Mortality of my Body, and that it is appointed for
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MAINE WILLS.
all men once to die, Do make & ordain this my last Will & Testamt that is to say principally and first of all, I give & recommend my Soul into ye Hands of God who gave it, and my Body I recommend to ye Earth to be buried in a decent Manner 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 with in this Life, I give demise & dispose of the Same in the following Manner & Form that is to Say,
Imprimis I give unto my beloved Brother Thomas Welch - Three Hundred Acres of Land which I have in the said Town of North Yarmº & also my Yoke of Steers
Item. I give to my beloved Sister Eliza Welch Thirty Acres of Land more that I own in said Town & also my Cow & Heifer.
Item. I give to my Said Brother & Sister the produce of my Freight of Cordwood after the Same is sold by Ionathan True of said Town to whom I have given full Power to Sell the Same : And whom I like wise constitute make & ordain my Sole Executor of this my last Will & Testamt. And my Will is that he be fully paid for all his Charge and Trouble therein out of the Produce of ye Sª Freight of Wood; And the remaining part to be equally divided between my Said Brother & Sister. And I do hereby declare this & no other to be my last Will & Testament.
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