Maine Wills

 From York County Probate Records, Volume Eight (1705-53)

   In the Name of God Amen. The first Day of August Anno Domini One Thousand Seven Hundred & fifty one. I Joseph Hammond of Kittery in the County of York & Province of the Massachusetts Bay in New England Esq^r being aged & infirm in Body, but of perfect Mind & Memory, and calling unto Mind the uncertainty of this Life, Do make & ordain this & none other to be my last Will and Testament in the following Manner Viz^t Imp^rs I recommend my Soul to God who gave it, and my Body to the Earth to be buried in such christian decent & frugal Manner as my Executor hereafter named Shall see meet, nothing doubting but I shall receive the Same again, and enjoy a glorious Immortality thrô the the [sic] Merits & Mediation of Iesus Christ my Strong & mighty Redeemer. And touching such Estate as God in His Providence has given me my Will is Shall be disposed as followeth Viz^t.

   Item. I give & bequeath unto Hannah my dearly beloved Wife y^e full Moiety or half part of my personal Estate after my funeral Charges & Settlement of my Estate with the Court of Probates are paid, excepting any particulars hereafter bequeathed to any of my Children. And also one full third part of the clear profit and yearly Income of my whole real Estate during her natural Life, and to make Use of my dwelling House & other Buildings which part She Shall choose, not exceeding one half during Life as afores^d. And if the clear profit & yearly Income be not to her Satisfaction to improve it as she might have done if I had died Intestate.

   Item. I give & bequeath unto my beloved Son Ioseph Hammond all that my Tract of Land where he now dwelleth in Kittery aforesaid containing one Hundred & Forty Acres be it more or less with the Buildings thereon bounded on Piscataqua River on the Southwest, Iames Foggs Land on the Southeast, on the Land of Mess^rs Ioshua Downing, Iohn Shapleigh & John Leighton all Dec^d on the Northwest, and by a Brook running thrô Heathy Marsh on the Northeast, excepting Six Acres of Heathy Marsh joining to Said Brook formerly possessed by Said Leighton; and also excepting the Use of a convenient Cart Way from Heathy Marsh Brook by Iames Foggs Line to the Country Road for for the the [sic] Use of my Sons Joseph & George Hammond their Heirs & Assigns forever : not to be left open so as to damnify my Son Ioseph in his Improvement. I also give him my Silver Hilted Sword & Belt. All the above mentioned Land and Priviledges Shall be to the Sole Use & Improvement of my S^d Son Ioseph during his natural Life, and immediately after his Decease to the male Heirs of his Body lawfully begotten and their Heirs & assigns forever. And my Will further is that if my Said Son Ioseph Should depart this Life before his Said Male Heirs arrive to the Age of twenty one Years, that then my Executor hereafter named Shall take the Premisses into his Hands & possession, and improve or let out the Same for the Use of the Said Minors until they come of Age, his reasonable Charge to be allowed out of the profits. And my further Will & Meaning is that my Said Son Joseph by any Act in his Lifetime or by his last Will & Testament Shall have full Power and Authority to order & dispose the whole of the above mention'd Lands to any one of his Said Male Heirs and to order what he Shall pay the other, or otherwise to provide for the other as to him Shall seem meet : Anything in this my Will to the contrary in any wise Notwithstanding.

   Item. I give & bequeath unto my beloved Son George Hammond and to his Heirs & Assigns forever, all that my Tract of Land whereon he now dwelleth in Kittery afores^d containing One Hundred and twenty Acres be it more or less bounded by Heathy Marsh Brook on the Southwest Iames Foggs Land on the Southeast, by Land of M^r Iohn Shapleigh Dec^d on the Northwest in part, and Northeast with Samuel Fernald's Land in part & running Northwest & by North Course from Said Fernalds West Corner in the Head Line of the Bay Land so called to my Northwest Bounds afores^d with y^e Priviledge of a Way to the Country Road as aforesaid.

   Item. I give & bequeath unto my beloved Son John Hammond and to his Heirs & Assigns forever all that my dwelling House Barn & Buildings where I now dwell in Kittery afores^d with all that Tract of Land adjoining bounded Southwest by Piscataqua River South East by Iohn Rogers & Peter Staples Land Northwest by Daniel Green & Tho^s Hanscom's Land; and a Highway in part between it & Hanscom's outward Lot. & Northeast by a certain Flat Rock with a Hollow Top near the Fence on the Northwest Side of my Land about two or three Rods from the Fence inclosing the Swamp commonly called Sam's Swamp And from Said Rock on a Southeast & by South Line over my Lot to John Roger's Line. I also give & bequeath unto my S^d Son John Hammond his Heirs & Assigns forever my Meadow at Sturgeon Creek called Lords Marsh, bounded Northeast by Said Creek Southeast by Captⁿ Heards Swamp, Southwest and Northwest by Land & Marsh of Mess^rs Nic^o & John Shapleigh. I also give & bequeath unto my Said Son John Hammond, and to his Heirs & Assigns forever the South half part of my Land in Kittery afores^d containing in the whole Forty five Acres be it more or less bounded Westward & Northward by Land of M^r Robert Cutt Dec^d Southward by Land of Said Cutt in part and partly by Land of M^r John Newmarch & other Land, and Eastward by a Marsh formerly called Knights Marsh Near York River to be divided by an East & West Line in the middle being eighty Rods in Breadth North & South. I also give unto him the Said Iohn Hammond his Heirs & Assigns forever all future Divisions in all undivided Lands belonging to the Proprietors of Kittery which might accrue to me. I also give him y^e firewood growing on the Southeast part of my Forty Acre Lot over Simon's Brook to begin at the East Corner thereof Fifteen Rods in Breadth Northwest & by North and so to run that Breadth Southwest & by West by Abra^m Cross his Line One Hundred Rods with Liberty to carry off the Same not to damnify my Son Jonathan in his fencing & improving the Lands. I also give unto my Said Son John all my Tools & Implem^ts of Husbandry. All the Bequests to my afores^d three Sons Ioseph George & Iohn are Subjected to the payment of the Several Legacys hereafter in this my Will bequeathed unto my three Daughters, each of my Said Three Sons to pay one third part of the whole.

   Item. I give & bequeath unto my beloved Son Jonathan Hammond and to his Heirs & Assigns forever, all that my Tract of Land where he now dwelleth in Kittery afores^d, bounded on the Southwest by the Northeast End of the Land herein before given unto my Son John Hammond at the flat Rock with a hollow Top afores^d, Southeast by Iohn Roger's Land, Northwest by Land of Iohn Tobey & Tho^s Hanscom or a Way or common Land & Northeastward by my Forty Acre Lot over Simmons's Brook & Abram Cross's Land, together with my Said Forty Acre Lot bounded Southeast by Abra^m Cross his Land Northwest by Iames Fernalds Land, and Northeast by Samuel Johnson's Land. Also my three Acres & an half of Meadow at the Northeast End of Ioseph Hills Marsh, with my Lot Number 4. in the Commons called Pudding Hole. And also the remaining half part of my Forty five Acres near York River, being the North half part thereof to him the Said Ionathan Hammond his Heirs & Assigns forever.

   Item. I give & bequeath unto my beloved Daughter Dorcas Cutt besides what I have already given her Six pounds lawful Money of this Province.

   Item. I give & bequeath unto my beloved Daughter Abigail Wheelwright besides what I have already given her Six pounds lawful Money as aforesaid.

   Item. I give & bequeath unto my beloved Daughter Katharine Hammond besides what I have already given her twenty two pounds lawful Money as afores^d. All which Legacys are to be paid within three years after my Decease by my three Sons aforesaid Ioseph George & Iohn to my aforesaid three Daughters or those that Shall legally represent them.

   Item. I give & bequeath unto my afores^d three Daughters Dorcas Abigail & Katharine to be equally divided amongst them or their legal Represent^ves all the remaining half part of my personal Estate. And further my Will & meaning is that if my Wife Should depart this Life before me, or before She receives her half part as afores^d, then the whole of my personal Estate to be equally divided among my Said three Daughters after all funeral Charges and Settlement of my Estate with the Court of Probates are paid as afores^d which Charges Shall be paid out of my live Stock if So much there be. And further my Will is that if my Daughter Katharine Should depart this Life the before the Receipt of her Legacy & Bequests herein before given her, and leave no Issue lawfully begotten of her Body it Shall be equally divided between her two Sisters Dorcas Cutt and Abigail Wheelwright or their legal Representatives, unless the Said Katharine otherwise order & dispose of it in her Life time. I also give unto my Said Daughter Katharine after y^e Death of her Mother, the free Use of the West Chamber in my dwelling House, so long as She continues unmarried, with free Ingress and regress thereunto. And my Will further is that my four Sons Joseph, George, John, & Jonathan, Shall pay all just Debts which I Shall owe to any persons whomsoever. And the Legacys respectively given them are Subjected to the payment thereof in equal Proportions. And further my Will is that the Several Legacys given to my four Sons Shall be in full Ballance of all Accompts or Demands which either of them Shall have or claim against my Estate. And I do hereby discharge them from all Demands which I have against any of them before the Date of this my Will. And I do hereby ordain and appoint my beloved Son John Hammond sole Executor of this my last Will & Testament. And I do desire & request my much esteemed Friends Iohn Storer & Simon Frost Esq^rs to be advising & assisting to my Executor and to See this my Will performed according to the true Intent & meaning thereof and especially that my Widow have her just due and be provided for in a comfortable Manner.

   In Witness whereof I have hereunto Set my Hand & affixed my Seal on the Day & Date first above written.

Signed Sealed published & declared    by the Sd Ios : Hammond Esqr as    his last Will & Testamt in presence    of us ye Subscribers    Ephraim Libby Iohn Rogers    George Rogers Saml Hanscom jr

Jos : Hammond (Seal)

   A Codicil or explanation of the within written Will in Severl parts thereof Viz^t. In the Bequest to my Wife to be one full Moiety of my personal estate excepting anything bequeathed to any person whatsoever. And in the Bequest to my Wife of one full third part of the clear profit & yearly Income of my whole real Estate are to be free from all Charges of Repairs of any Houses Buildings Fences &c.

   Item. I give & bequeath unto Six Bearers, two Overseers, and the Rev^d M^r Iosiah Chase each a Ring of Gold and a pair of Gloves, and to the Bearers & M^r Chase's Wives : Which my Wife is not to be charged with nor any Expence of funeral or Settling at the Court of Probate, but Shall have her full Moiety as if no Such Expence had ever been according to Inventory. All funeral Charges to be raised out of my live Stock and Money by my Executor excluding my Wife's Moiety as afores^d except She signify it in writing under her Hands. Any thing in the Said Will to the Contrary in any Wise notwithstanding.

   2^d In the Bequest to the male Heirs of my Son Joseph the Land mentioned Shall be subjected to the payment of all Debts & Legacys which their Father was to have paid by Said Will, my Executor to see it be performed, all other part of Said Will I do hereby ratify & confirm according to the true Intent & Meaning thereof.

   In Witness whereof I have hereunto Set my Hand & Seal this twentyseventh Day of Decem^r Anno Domini One Thousand Seven Hundred & fifty two.

Signed Sealed published & declared    by the Testator to be a Codicil or    Explanation of Said Will, in    Presence of us.    Ioshua Staple George Rogers    Iohn Rogers Iohn Brawn		Jos. Hammond (Seal)
Probated 2 April 1753. Inventory returned 3 April 1753, at £2618: 15: 1, by Nathanl Remick, Ephraim Libby and George Rogers appraisers. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 691, citing Probate Office, 8, 219.