USA > Maine > Maine wills. 1640-1760, Vol. II > Part 26
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In Witness whereof I have hereunto Set my Hand and Seal the Day & Year above written. Benja Welch j" (Seal)
Signed Sealed published pronounced & declared by Ben- jamin Welch jun" as his last Will & Testamt in the presence of us Witnesses. Ionathan True Moses Bradbury Enoch Harvey.
Probated 1 Jany 1:59. Inventory returned 19 Jany 1750, at £115: 0: 2, by Gilbert Wins- low, Solomon Mitchell and Thomas Scales, appraisers.
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Probate Office, 10, 63.
In the Name of God Amen.
I Sir William Pepperrell of Kittery in the County of York Baronet, knowing the Mortality of my Body and the Uncertainty of Life, Do make & ordain this my last Will & Testament, first & principally I resign my Soul into the Hands of Almighty God, trusting in His Mercy & Stedfastly hoping for Salvation thro the Merits of His only Son my · blessed Redeemer ; and my Body I commit to the Earth to be decently buried ; and as for that Worldly Estate which God in his Goodness has given me, I dispose thereof as follows.
I give & bequeath unto Mary my beloved Wife the In- come of the Half of my real Estate to Hold for the Term of her natural Life. I also give her any four of my Negroes which of them She Shall choose I also give to her Liberty to make Use of any part or all my household Furniture during her natural Life, and at her Decease to be disposed of as I Shall hereafter direct. I also give her the Increase of one half of all my Stock of Cattle Sheep & Horse kine on all my Farms, the Number of the present Stock to be always kept good on the Farms. I also give unto my Said Wife my Chariot & Chaise with the Harness, and her Choice of any two of my Horses. I also give unto my said Wife a Thousand pounds Sterling to be paid out of my Money in London under the Care of William Baker Esqr. I also give unto my said Wife all my Wine Cyder Spirits Beaf pork & Flour which may be in my House or Ware-Houses, She quitting all Right of Dowry or Power of Thirds to any Land · which I have or shall hereafter Sell.
I give unto my Son in Law Nathaniel Sparhawk Esq" all the Debt he oweth me that is the Dividend which Shall be allowed me for my Demand on him & his late Partner Ben- · jamin Colman.
If my Executors hereafter named Shall think there is Oc-
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casion for my dear Daughter Elizabeth Sparhawks Support and for the bringing up of her Children as they Shall think proper. It is my Will that they Shall pay into her own Hands any part or all of the other Half of ye Income of my real Estate & Cattle and the Interest of a Thousand pounds Sterling, and I will & ordain that her Receipt Shall be a Sufficient Discharge to them of so much as they Shall order to her out of the said half of the said Half of my real Estate and Interest of the Said Thousand pounds Sterling Notwith- standing her Coverture. But it is to be observed that so much of the Income of Said Estate is to be laid out on the Buildings & Fences &c. as to keep the whole in good Repair. And I give my Said Daughter full Power by her last Will & Testament or in Case of her Coverture by any Writing to be made by her as her last Will to dispose of the said Thousand pounds Sterls as likewise my Houses & Farm in the upper Parish of York call'd Scotland and all the other Lands I have in Said Parish and all my Lands in Berwick with full Power thereof and the Remainder thereof to any one or all or any Number of her Children as She Shall think fit, and in Case She Shall not so dispose of the Same in Fee I will & order that ye Same after ye Death of my Said Wife & Daughter Shall be equally divided amongst the Children that Shall be lawfully begotten on the Body of my Said Daughter.
I give & bequeath unto my Grandson Nathaniel Sparhawk jun' all the Lands & Houses which I purchased of my Son in Law Nathaniel Sparhawk Esq' lying and being in this County of York to hold to my Said Grandson to him & his Heirs & Assigns forever after the Death of my Wife & Daughter provided he lives to the age of twenty one years, but if he Should die before he come to said age of twenty one years then to be equally divided amongst the Surviving Children of my Said Daughter Eliza Sparhawk lawfully begotten of her Body that Shall live to the Said age of twenty one years and that is after my Wife and Daughters
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Decease. I likewise give & bequeath unto him if he Should live to the age of twenty one years a Thousand pounds Sterling out of Money in London under the Care of William Baker Esquire.
I give & bequeath unto my Grandson Samuel Hirst Spar- hawk after my Wife & Daughters Decease my House and Land at Portsmouth and my Farm in Newington both being in the Province of New Hampshire and my Farm lying near the lower Ferry in York which Daniel Crosby now hires of me with my House & about two Acres of Land lying on Kittery Point which I purchased of Thomas Allen and where he now lives, and the Pasture on Said Point which lies next to the Land I bought of my Son in Law Sparhawk and the Pasture lying next to the Harbour over against between the Battery & the House black Richard lives in to Hold to my Said Grandson to him & his Heirs & Assigns forever, provided he lives to the age of twenty one years but if he should die before he should come to the age of twenty one years then to be equally divided amongst the Surviving Children of my said Daughter Elizabeth Spar- hawk lawfully begotten of her Body that is to Say after the Decease of my Said Wife & Daughter And if he Should live to the Age of twenty one years then I give & bequeath unto him a Thousand pounds Sterling out of my Money in Lon- don under the Care of William Baker Esq"
I give & bequeath unto my Grandson Andrew Pepperrell Sparhawk after my Wife & Daughters Decease my new House built for my dear Decd Son Andrew. Pepperrell Esq" in said Kittery with the Land fenced in with a Board Fence round Said House with the Garden fenced in next the Har- bour over against Sª House with the three Fields now fenced in lying on the North side the High Way next to the Pasture before given to his Brother Samuel with the Field next to the Harbour call'd the Battery Field adjoining on ye East `Side by Edmund Moody's Garden and on ye West by the Pasture before given to his Brother Samuel, with all the
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Land I bought of Charles Frost lying at a place called Sturgeon Creek in said Kittery to Hold to my Said Grand- son & the Heirs lawfully begotten of his Body forever, But if my Sª Grandson Andrew Should die without Issue law- fully begotten of his Body Male or Female then all that I have before given to ye Sª Andrew after my Wife & Daugh- ters Decease, I give & bequeath to my Grandson William Pepperrell Sparhawk & the Heirs lawfully begotten of his Body forever. I give & bequeath unto my Said Grandson Andrew if he Should live to the age of twenty one years a Thousand pounds Sterling out of my Money in London under the Care of William Baker Esqr as likewise all the Household Furniture which I Shall leave in the Said House built for my aforesaid deceased Son.
I give & bequeath unto my Grand Daughter who I call Mary Pepperrell Sparhawk after my Wife and Daughter's Decease if She lives to the Age of twenty one years my House & Land containing about Forty acres lying & being in Said Kittery which I purchased of William & Henry Barter and all my Lands in Boston and in Rutland in the County of Worster to Hold to my Said Grand daughter & her Heirs & Assigns forever but if She Should die before She come to Said Age then to be equally divided amongst the Surviving Children that Shall be lawfully begotten of the Body of my said Daughter. I likewise give to my Said Grand Daughter my Diamond Ring in my Chest in Boston. I likewise give & bequeath unto my said Grand Daughter if She Should live to the age of twenty one Years One thou- sand pounds Ster1 out of the Money I have in London und ye Care of Wm Baker Esq"
I give & bequeath to my Sister Mary Prescot thirty pounds Ster' to buy her Mourning or do with it as She Pleases.
I give & bequeath to my Sister Margery Gunnison all the Money that She oweth me and twenty pounds Sterl to buy 1 her Mourning or do with it as She pleases.
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I give & bequeath unto my Sister Miriam Tyler all the Right I have to House & Land She lives in at Boston and what Money She oweth me by Mortgage or any other way She to put her Self in Mourning if She pleases.
I give to my Sister Dorothy Newmarch all ye Money her Husband her Husband Joseph Newmarch Esq' oweth me, and Six pounds Ster's to buy her Mourning or do with it as She pleases. I give to my Sister Iane Tyler twenty pounds Sterling to buy her Mourning or do with it as She pleases.
I give to my Kinsmen Iohn & Andrew Philips to each of them what Money they owe me, and three pounds Sterl to each of them, and that said Iohn Philips has Liberty to improve Fifty Acres of my Land where he now lives in the Town of Biddeford during his natural Life.
I give to my kinswoman Sarah Frost my Decd Brother's eldest Daughter all the Money She & her Decd Husband Mt Charles Frost oweth me, and Thirty pounds Ster' to buy her Mourning or do with it as She pleaseth.
I give to the Children of my kinswoman Margery Went- worth Decd to he equally divided between them all the Money their Father Capt" William Wentworth oweth me, and Ten pounds Sterling to be paid to each of them after they arrive to ye Age of twenty one years.
I give to my Kinswoman Iane Watkins all the Money her Dec1 Husband Capt" Andrew Watkins oweth me.
I give to my Kinsman Capt" William Frost one half of all the Money he oweth me provided within two years after my Decease he pays the other Half to his Brother Andrew Pep- perrell Frost & his Sister Sarah Blunt to be equally divided between them.
I give what Money my Kinsman Ioel Whittemore Decd owed me to be divided in equal Shares among his Children.
I give to my Kinsman W" Whittemore all ye Money he . oweth me.
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I give to the Revd M' Benjamin Stevens Ten pounds Ster- ling to buy him Mourning or do with it as he pleases.
I give to each of the Children of my Kinswoman Margery Gerrish Decd to be paid them as Soon as Soon as they arrive to the age of twenty one years five Pounds Sterling.
I give to each of the Children of my Kinswoman Eliza Hale Decd to be paid them as Soon as they arrive to the Age of twenty one Years five pounds Sterling.
I give to my Kinsman Iohn Watkins twenty pounds Ster1.
I give to my Kinswoman Mary Moody all the money her Husband Edmd Moody oweth me & ten pounds Ster1.
I give to my kinswoman Dorothy Pitman all the Money which her Husband Derry Pitman oweth me.
I give to my kinswoman Ioanna Frost all the Money her Deed Husband Charles Frost Esq' owed me & ten pounds Ster'.
I give to my Kinsman Iohn Frost Esq" all ye Money he oweth me.
I give to Hannah Billings five pounds Sterling to buy her Mourning or do with it as She pleases.
I give to the poor of the Parish where I now live in Kit- tery two Hundred Bushels of Indian Corn to be distributed amongst them within four years after my Decease as the Minister of said Parish & my Executors shall think proper. I likewise give to the poor of the Church in said Parish ten pounds Ster' to be improved for their Use as the Minister & my Said Execut" Shall think proper, and ten pounds Ster! to be laid out in Plate for Sª Church as my said Exec's Shall direct.
I give all my Cloathing & armour & Gold Rings, except what is before & hereafter given, to the Sons lawfully begot- ten on the Body of my Said Daughter Eliza Sparhawk to be equally divided amongst them. And if my Said Daughter . Should have any more Children lawfully begotten on her Body that should live to the Age of twenty one years then
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I give & bequeath to each of them that Shall so live a Thou- sand pounds Sterling to be paid out of my Money in Lon- don under the Care of Wu Baker Esq".
I give & bequeath to my Grandson William Pepperrell Sparhawk if he Should live to the age of twenty one years one Thousand pounds Sterling out of my Money in London under the Care of William Baker Esq' and after my Wife and Daughter's Decease provided & on Condition that after he arrives to the age of twenty one years he Shall procure an Act of the Great & General Court of this Province of the Massachusetts Bay that his Name Shall from thence forward be call'd William Pepperrell and to leave the Name of Spar- hawk all my Set of Plate which I receiv'd of Sir Peter War- ren, and all my Relation & Friends Pictures which I may have in my dwelling House at the time of my Decease my Sword & Gold Watch, and all my real Estate lying & being in the Town of Kittery and in the Town of Biddeford & in the Town of Scarborough in this Said County of York except what I have heretofore given, To Hold for the Term of his natural Life and if he Should leave a Son lawful Issue of his Body then the Same Estate to be to him the said Son of said Grandson William & to his Heirs of his Body law- fully begotten from Generation to Generation Successively for ever in Fee Tail, so long as there Shall be any of the Name in his Line forever. But in Case he shall leave no Son but a Daughter then the said Estate shall be & remain in his eldest Daughter lawfully begotten of his Body upon Conditions that if She Shall marry that the Man to whom She Shall Marry Shall procure an Act as aforesd to change his Name to the Name of Pepperrell And after her Decease to go to the Male Issue of her Body lawfully begotten and to the Heirs of such Issue & Heir Male of her Body in Fee Tail Successively forever But if She Shall have no Son then the Said Estate Shall be to her eldest Daughter and her Male Heirs in Manner as aforesd Successively forever Pro- vided & upon Condition that her Husband Shall get his
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name altered to Pepperrell as aforesaid. But if my said Grandson William Shall not leave any lawful Issue Male or Female to take & inherit my Said Estate in Manner afore- said Then all that I have mention'd to be given as aforesd to my Said Grandson William I hereby give & bequeath unto my Grandson Andrew Pepperrell Sparhawk & to his Heirs Male and for want of Heirs Male to his Female Heirs and to their Heirs Successively forever, Upon Condition that they & each of them claiming the Same by Force of this my Will Shall procure their Names to be changed to Pepperrell in Manner as is before in this my Will is expressed and directed. But if my Said Grandson Andrew Shall die & leave no Issue Male or Female lawfully begotten of his Body to inherit as aforesª then the said Estate shall come to my Grandson Nathaniel Sparhawk jun' and to his Heirs Male or to his Heirs Female as it may happen in the Same Manner & upon the Same Conditions as my said Grandson William should have had the Same in every Respect to be observed. But if my Said Grandson Nathaniel Should die & leave no lawful Issue to inherit as aforesd then the Said Estate Shall in ye Same Manner descend to the next Brother my Grandson Samuel Hirst Sparhawk & to his Heirs Male or to his Heirs Female as it may happen in the Same Manner & upon the Same Conditions as my Said Grandson William should have had the Same in every respect to be observed But if my said Grandson should die & leave no lawful Issue to inherit as aforesd then the Said Estate Shall in the same Manner descend to his next Brother which my Said Daugh- ter may have lawfully begotten of her Body But if my said Daughter Shall have no Son lawfully begotten of her Body to Inherit then the said Estate Shall and remain in her Daughter whom I call Mary Pepperrell Sparhawk upon Condition that if She Shall marry that the Man to whom . She Shall marry shall procure an Act as aforesª to change his Name to the Name of Pepperrell and after her Decease to go to the Male Issue of her Body lawfully begotten and
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to the Heirs of Such Issue and Heir Male of her Body in Fee Tail Successively forever But if She shall have no Son to inherit then the Estate shall be to her eldest Daughter and her Male Heirs in Manner as is aforesd Successively for- ever Provided & upon Condition that her Husband Shall get his Name altered to Pepperrell as aforesd But if my said Grand Daughter Should die & leave no lawful Issue to inherit as aforesª then the Said Estate Shall in the Same Manner descend to the next Daughter which my said Daughter may have lawfully begotten of her Body or other Issue lawfully begotten of my said Daughter Elizabeth Sparhawk & their Issue in Manner containing the Name of Pepperrell upon ye same Conditions in Manner as before expressed And in Case all the Issue of my said Daughter Elizabeth Sparhawk shall fail of lawful Issue Then the Said Estate after the Death of my Wife & Daughter Shall & remain to the Eldest Son of my Kinswoman Ioanna Frost of Falmouth Widow and to his Issue Male or Female and in Failure of such to the next Eldest Son or Daughter of the said Ioanna Succeeding as aforesd in the same Manner & upon Condition of their Names being altered as aforesd so as to bear up the Name of Pepperrell upon the Same forever. And in Case of failure in the Said Ioanna her Line, the Said Estate shall go to Pepperrell Frost the Son of my Kins- woman Sarah Frost of Kittery Widow & to his Heirs in Manner as is before expressed to William Pepperrell Spar- hawk my Grandson and upon ye Same Conditions, and in Case of Failure in the Line of ye Said Pepperrell Frost in Manner aforesd the Same Shall be to the eldest Surviving Son of my Kinswoman Margery Wentworth Decd & his Heirs in Manner as aforesaid and under the same Limitation & Conditions and not otherwise. And in Case of my Daughter Elizabeth shall leave no Issue of her Body law- fully begotten who are to have the Estate if any live to inherit the Same on the Conditions aforesd and in Case they fail, and the Issue of the said Ioanna Frost fail, and of the
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said Pepperrell Frost and the Issue of the said Margery Wentworth Decd also fail, Then my Will is that the said Estate shall be kept in Repair and the Toomb built by my hond Father & Monument built over it shall be always kept up & well repair'd from time to time by the Income of Said Estate and one third part of the Remainder of the Rents or Profits of the Said Estate to be applied towards the Sup- porting a Congregational Minister in the place where I attend the publick worship at or near the place where the Meeting House now Stands in Said Kittery on the East Side Spruce Creek from time to time and a free School House to be built & Supported within sd Parish on the East Side of Spruce Creek out of the other two Thirds of the Income or Rents of said Estate Said School to be under the Care & Inspection of the Congregational Minister of Said Parish and my Executors and the Committee that Shall be from time to time chosen to manage the prudential affairs of said Parish but the School forever to be kept within half a Mile of my Dwelling House.
I give & bequeath unto my Grandson Andrew Pepperrell Sparhawk all the Lands & Real Estate which I have in New Hampshire except what I have before given and bequeathed To Hold to him & His Heirs & Assigns forever after my Wife & Daughter's Decease if he Should live to the age of twenty one years but if he should not live to that age then I give the Same to my Grandson William To Hold to him & his Heirs and Assigns forever but if the said William & An- drew neither of them should live to the age of twenty one years then the real Estate which I have in New Hampshire mentioned to be given to said Andrew shall be equally divided amongst all the Surviving Children lawfully begotten of the Body of my said Daughter that Shall live to the Said age of twenty one years, that is to say, after my Wife & Daughter's Decease.
If in Case the Money which I may have in great Britain should amount to more than the Thousands pounds Legacys
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which I have before given & bequeathed in this my last Will It is my Will that it Shall be equally divided to & amongst all the Children that Shall be lawfully begotten on the Body of my said Daughter that shall live to the age of twenty one years.
All the Household Furniture in my now dwelling House except what is before mentioned in this my Will I give free Liberty to my Said Wife to give & dispose of the same to & amongst the Children lawfully begotten of the Body of my said Daughter as She shall think best but if in Case She should not so dispose of it in her life time : nor by Will then it is my Will that it shall be equally divided amongst my said GrandChildren that shall live to the age of twenty one years.
As to all other of my Real Estate whatsoever or whereso- ever that I have not before mentioned in this my Will after my Wife & Daughter's Decease I give & bequeath to my Grandson William Pepperrell Sparhawk To Hold to him & his Heirs & Assigns forever if he Should live to the age of twenty one years but if he should die before he comes to Said age then I give & bequeath the same to my Grandson Andrew Pepperrell Sparhawk To Hold to him & his Heirs and Assigns forever if he should live to the Age of twenty one years after my said Wife & Daughters Decease ; but if the Andrew should die before he arrives to Sª Age then to be equally divided amongst all the Children that Shall be lawfully begotten of the Body of my sª Daughter that Shall live to the age of twenty one years after my Wife & Daughters Decease.
And as to what Debts I may have due to me & my other personal Estate which I have not in this my Will mentioned nor disposed of after my Debts funeral Charges & Legacys are paid the remainder I give & bequeath to my said Grand- son William if he should live to the age of twenty one years, but if he should die before he comes to said age then I give & bequeath the Same to my sª Grandson Andrew if
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he should live to the age of twenty one years but if he Should die before he comes to sd Age then I order the Same to be equally divided amongst all the Surviving Children lawfully begotten of the Body of my Said Daughter that Shall live to ye age of twenty one years. And I appoint my dearly beloved Wife Mary Pepperrell & my good Friends Jeremiah Moulton Iun' Esq' Sheriff of this County of York & M Benjamin Greenleaf of Kittery in said County of York Merchant Executors of this my Will and I do give & be- queath to each of them to Settle my Affairs Twenty pounds Sterling besides the Charge they may be at to Etfeet the Same and to let out my Lands on Rents and my Money on Use & improve the Same as they Shall think best.
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In Witness whereof I have hereunto set my Hand & Seal this Eleventh Day of January Anno Domini 1759.
Wn Pepperrell (seal)
Signed Sealed published & declared in our Presence and by us Subscribed in the Testators presence as his last Will & Testament. Joseph Decker Iohn Underwood George Moody
In the Name of God Amen. I Sir William Pepperrell of Kittery in the County of York in ye Province of the Massa- chusetts Bay Baronet having made my last Will & Testa- ment dated ye Eleventh Day of January Anno Domini 1759, Do upon further Consideration think proper to make this present Instrument in Writing as a Codicil thereunto and hereby do make the following Alterations & Additions That is - I hereby Revoke any & every Legacy & Bequest in my said Will given out of the Money I have in Great Britain and do hereby make a new Gift and Disposition thereof in the following Manner & Form viz I give & bequeath the Same to Mary my beloved Wife and all my Grand Children that are or Shall be lawfully begotten of the Body of my beloved Daughter Elizabeth Sparhawk, in equal Shares. My meaning is that ye Share of Grand Child Shall be equal
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to the Share of my said Wife. And if either of said Grand Children Shou'd die before he or she should arrive at the respective ages viz the Males of twenty one and the Females of Eighteen Years the part of such Decd Child shall be equally divided among the Surviving Brothers & Sisters or among the Survivors of them if such Decease shall happen before Marriage. But in Case he or She Shall happen to marry before they attain ye respective ages aforest they shall then have the absolute Property of their respective Shares aforesd. By this I would have it understood to be my Will that the said Children shall have only a Conditional Property or Right to said Money and the Interest thereof till ye Events aforesª shall happen.
Item. Whereas in my said Will I nominated & appointed my beloved Wife Jeremiah Moulton jun" Esqr & M' Benja- min Greenleaf Executors of this my last Will & Testament, I hereby revoke the appointment of the said Jeremiah Moulton Esq' as he lives at a Distance & the Business might be troublesome to him. I therefore hereby constitute & appoint my dearly beloved Wife Mary Pepperrell & the said Benjamin Greenleaf joint Executors of this my last Will & Testament until my Grandsons Nathaniel Sparhawk & William Pepperrell Sparhawk shall respectively arrive at that age at which they may by Law act as Executors And then I make constitute & ordain them to be Executors with my said Wife as they respectively attain such age, and then viz* when either of them shall arrive at such age then it is my Will that the said Benjamin Greenleaf be eased of any further Trouble therein and his Power to cease. In all other Respects I confirm my said Will and do order & ordain this Codicil to be part of my last Will & Testament, and to be considered & allowed as Such. In Witness whereof I have hereunto Set my Hand & Seal the fourth Day of Iuly Anno Domini 1759.
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