Maine Wills

1640-1760

The Will of Josiah Winn

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 From York County Probate Records, Volume Five (1725-42)

   To all People to whom the presents shall come Greeting. Know ye. that I Josiah Winn of Wells in ye County of York in the Province of ye Massachusetts Bay in New England Yeoman, being tho weak of Body yet of A sound & well Disposing Mind & Judgment Committing my Spirit unto God the Father of it thro Jesus Christ & my Body into the Hands of my Executors hereafter named to be by them Decently interred in hopes of A Blessed Resurrection. Do Will & Dispose of the temporal Estate with which God has been pleased to bless me in the following manner Viz :

   1 : My Will is that all my Just & Honest Debts together with my Funeral Charges shall be paid out of my Estate by my Executors hereafter named.

   2. I give & Bequeath unto my well beloved Wife Mary Winn, fifty pounds which I will shall be paid unto her by my Executors out of my moveable Estate within six Months after my Dece'se in full of Her thirds.

   3. I Bequeath & will unto my well beloved Son John Winn A Certain peice of Land & thatch Bed lyeing in Wells aforesd beginning at A certain Rock that is in ye Fence which stands on ye Divideing line between Malachi Edwardses Land & mine and runing from thence one hundred & thirty two Rods on A South East Course to Ogunquit salt water River, and then runing thirty two Rods on an East Course by sd River, and then on a West & by North Course twelve Rods, then on an East Course fourty one Rods, then on a West Course twelve Rods, then on A North west Course twelve Rods, then on a North & by East Course twenty five Rods then on A West North west Course sixteen Rods & then on a West South West Course fourty one Rods to the first Rock : as surveyed & laid out to ye said John Winn by Capt John Storer Surveyor of Lands for Wells (according to my Order) as by A return under his hand Dated July 6th 1734 will appear.

   I also give and bequeath unto him my sd Son John Winn a certain peice of Land between ye Brooks that run thro my Land to ye salt water, beginning at a certain stake in ye Fence below ye highway on ye side of a Hill and thence runing on a South East & by East Course one hundred & six Rods to Ogunquit Salt River & by sd River untill it comes even with ye Line on the North East side of Joseph Taylors Land & runing then on a North West course four Degrees Westerly one hundred & seven Rods to the Country Road & then runing on a North East & by North Course twenty Rods.

   I likewise give unto him my sd Son John Winn A certain peice of Land between the aforesd Brooks on ye upper side of ye highway, begining on ye Brow of ye Hill between ye sd two Brooks & runing from thence on A South South West Course Ninty & Nine Rods & then runing on a West North West Course Eighty Rods & then runing on a N North East Course Eighty Rods & then runing North East twenty Rods & then runing East South East seventy six Rods the Bounds hereof may be seen by ye sd Return of this & the immediately foregoing peice of Land under the hand of the said John Storer. I also give unto him my sd Son John Winn one of my Old Beds with two Blankets & A Couerlid and A midling Iron Pot.

   4. I give & Bequeath unto my well beloved Son Joseph Winn A Certain piece of Land begining at A Certain Rock set in ye Line that Divides the Land commonly called Ogunquit Farm & my Land, & runing from sd Rock down to Ogunquit River on A South East Course & by sd River Southerly untill it comes to ye Land I have herein given to my son John Winn on ye Southerly side of my Farm below ye high way, & then runing up to ye high way by sd Land on a North West & by West Course & then begining above the high way where the peice of Land begins which I have herein already given unto my Son John Winn above ye high way and runing up by ye side of said Land as high as that sd tract of Land which I have given my sd Son John Winn, above ye high way runs and on ye same Course that that runs on & thence to run on a streight Course over to ye Farm Line and then Down upon ye sd Line commonly known by ye name of ye Farm Line untill it comes down to the certain Rock set in this Line which is the first mentioned Bounds in this tract of Land; together with the House & Barn on sd Land and also I give unto this my sd Son Joseph Winn twelve Acres of Land at ye place comonly called Josiahs's Field & two Steers & one Heifer Each of them to be coming three years old at ye time of Delivery which shall be within six months after my Decease & my young Horse which is now called Joseph's Colt my small fowling peice & my Sword a Neb Yoak and Ring & Ring A Draft staple & Hooks; one small timber Chain & two draft Chains my silver wearing Shoe Buckles the New Bed & Beding that was called Mehitables a small Iron Pot & a small Iron Kittle.

   5. I give & Bequeath unto my well beloved Daughter Lydia Littlefield that tract of Land on which she now Dwells, & which I bought of one Sinclar & also one Hundred pounds to be paid unto Her in the following manner Vizt twenty pounds pr yeare untill the whole is paid begining with ye first payment within one yeare after my Decease.

   6. I give & Bequeath unto my well beloved Daughter Abigail Winn one Hundred and sixty pounds to be paid her in the following manner Vizt I will that She shall be paid fourty pounds within one Year after my Decease and that she shall be paid twenty pounds per Year after that till the whole is paid : two Heifers that shall be coming three years old at ye time of their Delivery which I will shall be within six months after my Decease, one of my new Beds & Beding, the Mare that I now ride & my largest Iron Pot. also I will that so long as she continues unmarried she shall have ye Western lower Room in my now Dwelling House for her own only Use & Benefit.

   7. I Do hereby Constitute & Ordain Joseph Hill Esqr John Storer Gentn & my aforesd Son John Winn Sole Executors of this my last Will & testament & hereby revoke & Disanull all other Wills heretofore made by me and declare this to be my last Will & testament as Wittness my hand & Seal this ninth Day of Octor Anno Domini 1734 annoque R : R : Georgij secundi Magnæ Britaniæ & Octo

   8. I will that my Executors shall make sale of my Lands not already herein Disposed of in Order to make the several payments Ordered by this my last will & testament to be made if ye sd payments cant be otherwise seasonably made.

   9. I will that my aforesd Son Joseph Winn shall have one Years schooling after my Dece'se and if it should be Warr I Will that he shall be put to School in some town where there shall be no Danger of ye Indians and I will that ye whole Charge of this his Years schooling both as to meat Drink Cloathing washing and Lodging as well as ye schooling it self shall be paid by my Executors out of my Estate not already disposd of.

   10. I will that all my Lands, Goods, & Chattels of every kind not already herein Disposed of shall be equally Divided between my two aforesd Sons John Winn & Joseph Winn both as to Quantity & Quality. & these Latter articles which follow ye Date Vizt Eighth Ninth & tenth I Doe hereby declare to be Equally my last Will & testament with ye other articles foregoing them as Witness my Hand & seal the Day above mentioned.

NB : the words on South East
   Course were interlined between ye
   26 & 27 lines from ye top of ye
   second page to be read in ye 27
   line & ye first word in ye 23 line
   Vizt the word before I in ye 3d
   page was erased before signing
Signed Sealed pronounced &
   Declared in presence of
   Samll Hatch Jur
   John Eldrege
   Joseph Taylor
Josiah + Winn (Seal)
      his mark
   Probated 10 Feby. 1734-5. Inventory returned at £280: 15: 0, by Samll Wheelwright, Samll Tredwell and Joseph Sayer, appraisers, 3 March 1734.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 368, citing Probate Office, 5, 32.

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