Maine Wills

1640-1760

The Will of Withers Berry

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 From York County Probate Records, Volume Four (1677-1734)

   In The Name of God amen The Eighteenth Day of Ianuary anno Domini one Thousand Seven Hundred Twenty & Two/ Three I Withers Berry of Kittery in ye County of Yorke in the Province of the Massachusetts Bay in New England yeoman Being very sick & weak in Body but of Perfect mind and Memory Thanks be Given to God Therefore calling into mind the Mortality of my Body Do make & ordain this my Last Will & Testament that is to say Principally & first of all I Give and Recommend my Soul into ye hands of God that Gave it and my Body I Recommend to the Earth to be buried in decent Christian Burial at ye Discreation of my Executrix hereafter Mentioned 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 and form.

   Imprimis I will that all my Just Debts be Paid by my Executrix

   Item I Give to my much Respected friend the Reverand Mr John Newmarch five Pounds in Money to be paid to him by my Executrix.

   Item I Give and Bequeath unto my Honoured Mother Elizabeth Curtise all and Singular my Lands Messuages & Tennements wheresoever & whatsoever freely by her to be Possessed & Enjoyed and to her Dispose forever and also all my Personal & Moveables Estate whatsoever forever.

   Item I constitute make & ordain my abovesaid Honoured Mother Elizabeth Curtis my Sole Executrix of this my Last Will and Testament and I Do hereby utterly Disallow revoke & Disannul all other & Every other former Testaments Wills & Legaces & Executors by me in any ways before Named willed & bequeathed Ratifying and Confirming this and no other to be my Last Will & Testament In Witness whereof I have hereunto Set my hand and Seal the day and year aboue written.

Signed Sealed Published
   Pronounced & Declared by
   the Said Withers Berry as
   his Last Will & Testament
   In ye Presence of us the
   subscribers.
   Sarah X Keen
      her mark
   Mary X Shepard
      her mark
   Mary X Rogers
      her mark
   Patience X Spinney
            her mark
The words & Executors were
   Interlined before signing
         Withers Berry (Seal)
   Brought in for probate by the mother Elizabeth Curtis 4 Jan. 1732, to whom Letters issued.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 334, citing Probate Office, 4, 136.

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