Maine Wills

1640-1760

The Will of Thomas Withers

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 From York Registry of Deeds (1640-91)

   In the name of god Amen, this Twenty sixt day of September one thousand six hundred seaventy nine, I Thomas Withers the vnprofitable servant of god, though weake in body, yet of good & Perfect remembrance blessed be god, & knowing yt I am naturally borne to dy, & to pass from this transitory life, minding to put in order my Estate, to the Intent there should bee no striff for the same after my decease: I do here by make this to bee my true last & onely will, & testament in manner followeth/

   Imprs: I commend my soule to almighty god, & his sonn Jesus Christ my sauior, in whose prætious blood I sett ye whoole & onely hope of my saluation, my body in hope of a Joyfull resurrection, I committ to ye earth to bee decently buried, & touching the distribution of my mortall goods, I dispose of as followeth/

   I will all my debts should bee satisfyd/

   I giue vnto my beloued wife Jane Withers, the one halfe of all yt I haue, both of Land & Cattle, for ye tearme of her life, vidzt: too oxen, too Cows by name, starr & Jentle, & also my land next to Goodman Mendums, which I giue her dureing her life, & after wards to my daughter Mary/ also I giue vnto my sayd wife the vse of Eagle poynt, dureing her life, after wards to bee for euer my daughter Elizabeths; Also I giue vnto my wife all that Land on the Eastward side ouer against John Shapleighs, between John Hoole, & Lewis, dureing her life, & afterwards to bee my daughter Elizabeths/

   I giue vnto my daughter Mary Ryce one Red Heffer/

   I giue unto my two Grandchildren, Allexandr & Aeilce Shapleigh one Red heffer/

   I giue unto my sonn In law John Shapleigh a Necke of land Called Oake Poynt, with ye Marsh next to his house/

   I do by these Presents make & ordaine, by well beloued wife aboue mentioned, to bee my soole executrix of this my last will & testament, here by giueing & bequeathing unto her all the remajndr of my Estate, as househould stuff & else which is not mentioned in this my last will & testament In testimony of Which, I haue here vnto set my hand & seale this Twenty sixt day of Septembr: 1679:

Thomas Withers (his seale)

   Certified to by Francis Hooke as written by him 30 Mch 1685; and sworn to by William Haynes; E[n]dorsed "The aboue written compared with the originall will hath Divers fundament mistakes in it Augst 30t 1690 as attests John Wincoll Recordr." See folio 51 post for re-record.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 84, citing Registry of Deeds, 5, 36.

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