Maine Wills

 From York County Probate Records, Volume One (1680-1706)

In the Name of God Amen/

   The last Will & Testament of James Smith of Barwick, in the Parish of Barwick, in the Towneship of Kittery in the Province of Main in New England, Being weak in Body not knowing how it may please God to deale with him, and being willing to Settle his Estate, So y^t he may prevent future trouble, being in perfect memory and of a Sound disposing mind, doth Ordayne this to be my last Will and Testament.

   Imp. I doe give and bequeath my Soule into the hands of the Lord Jesus Christ my blessed Saviour and Redemer, & my Body to the Earth to be decently Buried, and after my funerall Charges and all my Just & honest Debts be p^d I doe dispose of the Rest of my Worldly Estate as followeth,

   2ly. I doe give and bequeath unto my Eldest Son James Smith, my Now dwelling house out houses, and all the Land y^t I bought of William Piles, (excepting four Acres of Land given to my Couzen Peter Knap) allso So much more Land, Adjoyning to y^t house Lott, as will make the whole to be one hundred thirty Six Acres, one half of the houses and Land to be Injoyed by my Son James Smith, when he Comes to the Age of twenty one Year, & the other half of the houses and Land to be Possessed and Injoyed by my Son James Smith Immediately after the decease of his Mother, my Son James Smith paying to his Brother John Smith twenty Poundes, in Such pay as is Raised from of the farme, & fiveteen Poundes apeice to each of his Sisters, Mary Smith, & Elizabeth Smith in the Same Specie/

   3ly, I doe give and bequeath unto my Son John Smith, twenty Acres of Land lying at a Place commonly called & knowne by the Name of Loves Bridge, and eight Acres of Meadow at a Place called Goe Look, and twelve Acres of Land more lying on the Eastward Side of Nechowannick River

   4ly. I doe give and bequeath to my Loving wife one half of the dwelling house, out houses, & one half of the house Lott contayning one hundred & thirty Six Acres of Land, during her naturall life, and the other half allso of the afores^d houses and Land, untill my Son James Smith Come to the Age of twenty One Year, at which Time one half of the afores^d houses and Land, Shall be delivered unto my Son James Smith, & Immediately after his Mother decease the S^d James Smith my Son, Shall Injoy the whole farm both houses and Lands to him & his heires forever

   5ly. I doe give and bequeath unto my Cozen Peter Knap four Acres of Land lying and being, where he hath built his dwelling house and broken up Some Land it being the West Side of my house Lott, & Joyning to Rich^d Towsers Land/ only if the S^d Peter Knap or his heires think fitt to dispose of the S^d Land, he or they Shall give my Son James Smith the Refuse of the S^d Land, and it Shall not be Sold or given to any other Person or Persons if the S^d James Smith will buy it.

   6thly. I doe give and bequeath unto my Loving wife, all my Cattle, horse, Sheep, and all my Moveables for the bringing up of my Children my Sons untill they Come to the Age of twenty One Yeares, & my Daughters untill they Come to the Age of eighteen yeares, or be Married

   Lastly I doe hereby make, Nominate, and Appoynt my Loving Wife Martha Smith to be my whole and Sole Executrix of this my Last Will and Testament, In Wittnesse whereof that this is my Last Will & Testament I the S^d James Smith have hereunto Sett my hand and Seale this Tenth day of August, Anno Dom^s, 1687, & in y^e third Year of the Reign of our Soveraign Lord James the Second by the Grace of God of England Scotland France and Ireland King, Defender of the fayth, &c

		The marke of James J Smith (sigillm)
Signed Sealed and Delivered in the presence of us
George Broughton John Broughton James Plaisted		Icabod Plaisted Benjamen Birdges Crystopher Grant
Sworn to by two of the attesting witnesses Sept., 14, 1687; recorded Oct., 10, 1687. Inventory returned 14th Sept., 1687 at £158: 03: 00 by William Ardell, James Plaisted Jno Plasted, appraisers. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 102, citing Probate Office, 1, 1.