Maine Wills

1640-1760

The Will of Joseph Hill

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 From York County Probate Records, Volume Two (1698-1718)

   In ye name of God Amen : The Thirtieth day of January in ye year of our Lord One Thousand Seven Hundred & Twelve Thirteen I Ioseph Hill of Kittery in ye County of Yorke in ye Province of ye Massachusets Bay in New England (yeoman) being very Sick and weak in body but of perfect mind & memory thanks be given to God therefore Called to mind ye mortality of my body do make and ordain this my Last will and Testament yt is to say principally & first of all I give and recommend my Soul into ye hands of God yt gave it hoping through ye Merits death & passion of my Saviour Iesus Christ to have full and free pardon of all my Sins and to inherrit everlasting life; And my body I commit to ye Earth to be decently buried at ye discretion of my Executrix hereafter named 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 : That is to Say.

   first I will yt all those debts and duties which I do owe in right or Conscience to any manner of persons whatsoever Shall be well and truly Contented and pd, in Convenient time after my decease by my Executrix here after Named.

   Item I give to my welbeloved Son Samuel Hill & to ye Heirs Lawfully begotten by his body forever ye Lands which I formerly purchased of Edward Gilman Maverick Gilman Ioshua Downing & William Fry which Lands are Scituate Lying and being in ye Township of Kittery on ye upper side of Mr Shapleighs mill Creek as may appear by ye deeds for ye Said Lands from ye above Said persons together with all ye housing timber yt I have upon ye Sd Lands he paying unto his Sisters Katherine Hill Mary Hill & Dorcas Hill ten pounds pounds a peice when they Shall come to Lawful age or Marriage yt is to Say five pound in money to each of them and ye other five pound in Cattle at money price, but if it Should So happen yt my Son Samuel Should die without Lawful Issue yt then ye Said Land Shall be divided equally among my Surviuing Children Excepting & reserving to my Son Ioseph Hill ye Liberty of purchasing ye above mentioned Land paying Such Sums of Money to my other Children as ye Sd Lands Shall be Iustly Valued at by indifferant men chosen by them to apprize ye Same : I Also give to my son Samuel two oxen & two Cows & to ye Heirs begotten of his body.

   Item I give to my well beloved Son Ioseph Hill forever ye Lands which I purchased of Iohn Downing Samuel Miller Peter Staple junr, Iohn Searl & Nathaniel Mendum Scituate Lying and being in ye Township of Kittery as by deeds from ye above named persons may more at large appear reference thereunto being had & also a certain tract of Land which I have in ye Township of Kittery aforesd Lying at ye head of ye Land Called and known by ye name of ye Bay Land & ye Lands of Iohn Gelding & Ioshua Downing--Containing by Estimation forty four acres together with all ye housing orchards and fences upon ye Said Lands he paying to his Sisters as followeth that is to Say to Elizabeth Hill fifteen pounds ye one halfe of ye Sd Sum in money & ye other half part in Cattle at money price to Hannah Hill fourteen pounds ye one half of ye Sd Sum in money & ye other half in Cattle at money price to Abigail Hill twelve pounds Six of it in money & ye other Six in Cattle at money price & to Sarah Hill ten pounds five of it in money & ye other five in Cattle at money price : All ye. above mentioned Sums to be paid by him to my above named four daughters when they Shall come to Lawful age or marriage & if it Should So happen yt my Son Ioseph Should die without Issue it is my will yt ye above Sdd Giuen Lands descend to my youngest Son Iohn Hill & ye Heirs of his body.

   Item I give unto my well beloved Son Iohn Hill all yt tract of Land which I purchased of Frances Allen lying near to ye place called Coxes pond in ye township of Kittery & also ye tract of Land which I have in ye aforesd Township lying in partnershp with Stephen Toby : to be possest of ye above Said Lands when he Shall come to ye age of twenty one years, and If my Sd Son Iohn Shall See cause to Sell ye above Said Lands or any part of them when he Shall come to ye age of twenty four years yt then his brethren Samuel & Ioseph Hill Shall have yc offer of ye Same made to them they giving as much for ye Said Land as any other man.

   and if it Should So happen yt my Son Iohn Should die before he comes to ye age of twenty one years then ye Sd Lands Shall go to my other two Sons Samuel & Ioseph to be Equally divided betwen them.

   Item I give to my well beloved daughters Katharine Hill Mary Hill & Dorcas Hill ten pounds apiece to be paid to them by my Son Samuel Hill when they Shall come to Lawful age or marriage yt is to Say five pounds to Each of them in money and ye other five pounds in Cattle at money price.

   Item I give to my daughter Elizabeth Hill fifteen pounds to be paid to her by my son Ioseph when She Shall come to Lawful age or marriage ye one halfe part of the Said Sum to be paid in money ye other halfe part to be paid in Cattle at money price.

   Item I give to my daugter Hannah Hill fourteen pounds to be paid to her by my Son Ioseph Hill when She Shall come to Lawfull age or marriage Seven pounds of ye Said Sum to be paid in money ye other Seven pounds in Cattle at money price.

   Item I giue to my well beloved daughter Abigail Hill twelve pounds Six of it in money ye other Six in Cattle as they are Sold for money to be paid to her by my Son Ioseph when Shee Shall come to Lawful age or marriage.

   Item I give to my well beloved daughter Sarah Hill ten pounds to be paid to her by my Son Ioseph when She Shall come to Lawfull age or marriage five pounds of it in money ye other in Cattle as they are Sold for money :

   and if it Should So happen yt any of my above named daughters Should die before they come of Lawful age to receive ye Legaciss herein bequeathed to them or marriage yt then ye aboue Said Sums to be paid to my wife for ye bringing up & Maintainance of my children yt are not of Suitable age to be put apprentice.

   Item I give unto my Son Samuel Hill my part of a Small Sloop or boat which I have he paying for ye Iron worke of ye Said boat.

   Item I give and bequeath to Susannah my dearly beloved wife ye use & Improvement of all my Estate both real & personal untill my Son Ioseph Shall come to ye age of twenty one years for ye maintainance of my children till they come to a Suitable age to be put apprentice Excepting what I have given to my Son Samuel which She is not to have any use or Improvement off : I also give unto her after my Son Ioseph Shall come of Lawful age to be possest of ye above Estate given to him the third part of ye incom of all my Lands given to him with ye third part of ye Incom of ye orchards yt are thereon & one third part of my housing & ye improvement of one third part of my Stock of Cattle and all my other goods and moveables for her Support & Maintainance during her widowhood and if She Should marry again I do then give to her three Suits of apperrel throughtout and ten pounds in money to be paid to her by my Son Ioseph & two cows and She Shall theu renoance ye having any further right or interest in any of my Estate forever.

   and all ye remainder of my Estate both real and personal with all my houshold Goods & moveables which I have not already disposed of I give to my Son Ioseph Hill his Heirs & assigns forever.

   Item I Constitute make & ordain my dearly beloved wife my only & Sole Executrix of this my Last will and Testament and desire & apoint my much respected friends Captn Iohn Leighton & Mr Ioseph Hammond to be ye overseers of of this my Last will & Testament/ willing my Executrix to take their Councel & advice in ye disposing of my Children when they Shall be of Convenient age to Such places & Callings as they Shall Iudge Suitable for them:

   And I do also impower my Executrix to pay to those of my daughters yt my son Ioseph is hereby ordered to pay Legacies unto yt will be of Lawful age before he Shall be possest of his Estate, to pay to them those Legacies & Sums willed to them which Sums & Legacies She Shall with ye advice of those overseers raise and Levy out of my personal Estate.

   And I do hereby utterly disallow revoke & dissannull all and Every other former Testaments wills & Legacies bequeasts & Executors by me in any way before this time named & willed Ratifying & Confirming this and no other to be my my Last will & Testament In witness whereof I have hereunto Set my hand & Seal ye day and year above written.

Signed Sealed published & declared}
   by ye Said Ioseph Hill as his Last}
   will & Testament in ye presence}
   of us ye Subscribers}
   Iohn Newmarch}
   Iohn Dennet}
   Thomas Knight}
Ioseph J Hill (Seal)
      his mark
   Probated 5 Jan. 1713. Inventory returned at £827: 9: 2, by John Leighton, Jos: Hamond and John Dennet, appraisers, 1 March 1712.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 172, citing Probate Office, 2, 77.

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