Maine Wills

1640-1760

The Will of John Shapleigh

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 From York County Probate Records, Volume Ten (1749-60)

   In the Name of God Amen. I Iohn Shapleigh of Kittery in the County of York within the Province of the Massachusetts Bay in New England Gentleman not knowing how Soon or in what Manner it may please God to take me out of this world, For Settling my Estate to prevent Disputes & Difference about the Same after my Decease Do make & ordain this my last Will & Testament.

   Imprimis. After a decent Burial of my Body my Will is that my just & reasonable Debts be well & truly paid.

   Item. I give & bequeath unto Dorcas my well beloved Wife the Use & Improvemt of so much of my Land as to maintain two Oxen & Nine Cows for her & her Children until they shall come to the Age of Fourteen or Marriage I also give my said Wife nine Cows & two Oxen for that purpose. I also give to her my House I now live in and Sufficient Barn Room for that Term; And when all my Children shall be of that age or deceased, then my Wife shall have the Third part of all my real Estate during Life. I also give her Sufficient Wood for Fuel during the Invency of my Children Sufficient planting & mowing Land during said Term, and freely to her self that Money due from her Brother Nehemiah Littlefield by Note of Hand which I took for her Portion. She shall have also for her own Use & at her Disposal my Riding Chair & Horse & Tackling; And my Negro Woman while She keeps my Family of Children, and one of my young Negroes named Prince for her self as her Property. I also give to my Said Wife all my household Stuff of every Sort for her Self and for her to dispose of amongst my Children as She pleases. I also give to my said Wife for her own Use Ten Sheep. I also give my said Wife Sufficient Land to keep her Horse & Sheep and for Fire wood until her Thirds are Set off.

   Item. I give & bequeath unto my Sons namely Iohn Nicolas Iames & Dependance in equal Share all my Houses & Lands in Kittery & Berwick and in all & in all & every place & Places equally between them to be divided, they paying all Charges Legacys & Debts by the Sale & Produce of my personal Estate not hereby disposed of otherwise and of Moneys at Interest, and if there is not Sufficient of those Things I hereby order and give Power unto my Executors or Such as Shall be living to Sell so much of my out Lands as to raise Money Sufficient for Such Uses. Excepting out of my real Estate that House where my Eldest Son Iohn lives and one Acre of Land at the place where the House is which I give to him my said eldest Son John & his Heirs as a free Gift to him forever in Fee, not to be Subject to a Division with my other Estate.

   Item. I give & bequeath unto my eldest Daughter Sarah Bartlet thirteen pounds six shillings & eight pence lawful Money within one year after my Decease which with what She hath already had is as much as any of my other Daughters are to have, and is in full of her Portion of my Estate.

   Item. I give & bequeath unto my other three Daughters namely Dorcas Mary & Alice to Each of them Eighty pounds lawful Money or ye Value thereof in good Household Stuff or the produce of my Lands at a just & reasonable Apprizement of the Same to be paid by my Executors at the Age of fourteen years or Marriage or in all the particulars aforesaid.

   Item My Will is that in Case my Wife shall have any more or further Issue by me, if the Same be a Son or Sons Such Son or Sons shall have a equal part or portion each of them of my Estate as my other Sons and if a Daughter or Daughters then to Share as my other Daughters.

   Item. I appoint my Wife Dorcas & all my Sons to be Executors of this my Will. And Such of them as Shall be of age to act are to act until others arrive to Sufficient age to act as Executors.

   And I do hereby revoke & disannul all & every Will and Wills by me made Ratifying this & no other to be my last Will & Testament. Witness my Hand and Seal the 24th Day of February 1759.

Iohn Shapleigh (Seal)

Signed Sealed pronounced & declared by the Said Iohn Shapleigh to be his last Will & Testament in presence of Elizabeth Cole X her mark Nathan Spinney Iohn Fry junr Ieremiah Wittum Noah Emery.

   Probated 9 April 1759. Inventory returned 7 Oct. 1759 at £2324: 0: 7 1-2, by James Gowen, Benjamin Hill and Robert Morrell, appraisers. Debts due the estate from Downing Woodman, William Leighton, David Clark, John H. Hubbard, John Morrell, Joseph Hill, John Ferguson, Benjamin Furbush, Joseph Small, Zebulon Trickey and Timothy Waymouth.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 858, citing Probate Office, 10, 72.

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