Maine Wills

1640-1760

The Will of Elizabeth Curtise

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 From York County Probate Records, Volume Seven (1721-49)

   In the Name of God Amen. The Thirteenth Day of July Anno Domini One Thousand Seven Hundred and Forty three I Elizabeth Curtise of Kittery in the County of York in ye Province of the Massachusetts Bay in New England Widow being aged and weak in Body but of perfect Mind and Memory Thanks be given unto God; Therefore calling unto Mind the Mortality of my Body do make and ordain this my last Will and Testament; That is to Say, principally and first of all, I give & recommend my Soul into the Hands of God that gave it; and my Body I recommend to the Earth to be buried in decent Christian Burial at the Discretion of my Executors hereafter named, Nothing doubting but at the General Resurrection I Shall receiue the Same again by the 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 the Same in the following Manner and Form.

   Imprimis. I give to my well beloved Cousin Majr Nicholas Shapleigh Esqr his Heirs and Assigns foreuer all my Land or Lands Scituate and being in the Township of Kittery on the Eastern Side of the River called and known by the Name of Spruce Creek, excepting one Acre of Land belonging to the Land whereon I now dwell and possess at the Corner thereof lying by and joining to the High Way and Ioseph Willsons Land; provided and on Condition that the Said Nicholas Shapleigh his Heirs and Assigns do make and maintain in good Repair all the Fences belonging to the Said Land during my Natural Life. I also give to my Said Cousin Nicholas Shapleigh his Heirs and Assigns forever all my Right in the Mill Stream, at Spruce Creek aforesd and all my Right in the Mill or Mills Standing on the Said Stream; and also all my Right in the Dam and half an Acre of Land joining to ye Said Dam on the Western Side of the Said Creek; And also all my Housing Barn and other Buildings which I have on my Land on the Eastern Side of the Said Spruce Creek, provided and on Condition that he the Said Nicholas Shapleigh his Heirs and Assigns Maintain the Housing Barn and all other Buildings on the abovesaid Land as also my part of the Mill or Mills and Dam in good repair during my Natural Life.

   2ly I give to my well beloved Cousin Iohn Shapleigh his Heirs and Assigns forever all my Land which I have in the Township of Kittery aforesd Scituate lying and being on the Western Side of of Spruce Creek commonly called and known by ye Name of Oak Point Farm; excepting one half Acre which I have in these presents given to my Cousin Nico Shapleigh his Heirs and Assigns. I also give to my Said Cousin John Shapleigh his Heirs and Assigns forever all the Buildings of every Denomination that are upon the Land in these presents given to him his Heirs and Assigns : provided & on Condition that he the Said John Shapleigh his Heirs &c. do make and maintain the Housing and Fences on the Said Land in good Order and lawful during my natural Life.

   3ly I give to Elizabeth Dill the Wife of Ioseph Dill her Heirs and Assigns forever one Acre of the Land whereon I now dwell & possess Scituate and being in the Township of Kittery aforesd joining to the High Way that leads to the Point and Ioseph Willsons Land to be laid out on a Square.

   4ly After my funerl Charges and just Debts are paid and discharged all the residue of my Estate (if there be anything remaining) I give to the Children of my two Sisters Sarah Shapleigh and Mary Rice Decd or those that Shall legally represent them, to be divided in equal Shares among them.

   Finally I constitute make and ordain my Cousins Nicholas Shapleigh and John Shapleigh my Executors of this my last Will and Testament; And I do hereby utterly disallow revoke and disannul all and every other former Testaments Wills Legacies and Bequests and Executors by me in any Ways before named willed and bequeath, ratifying and confirming this & no other to be my last Will and Testament. In Witness whereof I have hereunto Set my Hand and Seal the Day and Year above written.

Signed Sealed published
   pronounced and declared
   by the Said Elizabeth
   Curtise as her last Will
   & Testamt in the presence
   of us the Subscribers
   Benjamin X Hammons
            his mark
   John X Moore
      his mark
   Edmund Hammons
   Iohn New March
Elizabeth Elisab. Curtise (a Seal)
         her mark
   Probated 20 Oct. 1747. Inventory returned 25 Oct. 1747, at £748: 11: 9, old tenor, by Tobias Fernald, Nathl Remick and Thomas Rogers, appraisers.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 552, citing Probate Office, 7, 110.

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