Maine Wills

 From York County Probate Records, Volume Ten (1749-60)

In the Name of God Amen.

   The tenth Day of October 1757, I Benjamin Stacy of Kittery in the County of York and Province of the Massachusetts Bay Yeoman being infirm of Body, but thro divine Goodness of Sound Mind & Memory, and calling to Mind the Mortality of my Body, and y^e Uncertainty of Life, Do make & ordain this to be my last Will & Testam^t viz^t and in the first place, I recommend my Body to the Dust to be buried in Christian Manner at y^e Discretion of my Executrix hereafter named, and my Soul to God who gave it, hoping to obtain the Mercy of God thrô Iesus Christ to Eternal Life, And as to what worldly Estate it hath pleased God to bestow on me in this Life I dispose of it in the following Manner Viz^t

   Imp^r I give & bequeath to my well beloved Wife Sarah Stacy the Improvem^t of all my Estate both real & person^l (except what I hereafter give to my Son Ichabod) until the Sons to whom it is given come of Age viz^t y^e Age of twenty one Years, and of that part of my Estate in Kittery I purchased of Samuel Odel, I give her the Improvem^t during her natural Life; And after her Decease I give the Land & Appurten^ces I bought of Said Samuel Odel to be equally divided to & amongst my Daughters to them their Heirs & Assigns forever. I likewise give to my Said Wife all the Wood on that Ten Acres of Land in Kittery I purchased of Iames Gowen for her own Use during Life, and likewise Liberty to cut & hall her firewood off from any other of my Land as She may have Occasion for her own Use, And likewise the Improvement of about Fifteen Acres of Land & Meadow more or less in Berwick, where Robert Allen did formerly live lying between the Land I had of Mad^m Mary Frost & y^e Way during her Life reserving to my Son Ichabod a Way through the Same as is hereafter mentioned the Fifteen Acres as afores^d in Lieu of her Thirds of all & every of my Lands in Berwick. I likewise give my said Wife all my moveable Estate of all kinds, except what I may or do hereafter dispose of including my Negro Man & all Debts due to me, for her Use in bringing up my Children in the best Manner she can; She paying my just Debts & Funeral Charges, and to divide y^e remaining part equally amongst my Daughters when She sees meet I likewise give her the Use of the whole House & half the Barn viz^t the Easterly End of the Barn during Life

   Item. I give & bequeath to my beloved Son Ichabod Stacy Forty Acres of Land more or less in Berwick aforesaid between the Lands I bought of Madm Mary Frost & the Lands of Joseph Ricker it being y^e Same Land & Meadow I purchased of the Widow Mary Allen, and part of what I purchased of Robert Allen, and all I bought of Iedediah Allen & Ioseph Ricker; And likewise I give my said Son twenty acres more or less, which I purchased of the Heirs of Iames Staple Dec^d The Eastern Bounds of Said Forty Acres is to go no further than y^e Western Line of the Fifty Acres I had of said Mary Frost, and to run from the Southwest Corner of said Fifty Acres thrô Grants Marsh on a South Course to the Extent of my Land there. I likewise give my said Son Thirty Acres of Land in Berwick afores^d for a Wood Lot, in Lot Number Five in the Second Check of y^e Division of the common Land of the Proprietors of Kittery in Berwick afores^d I likewise give him y^e Priviledge of a Way to pass & repass as he Shall have Occasion thrô the Lands I had of Mad^m Frost afores^d and the Lands I had of Rob^t Allen to the High Way He making & maintaining Gates or Barrs at his own Cost and keeping them up, and doing as little Damage as may be and if any Damage come to his Brothers thrô his Means or Neglect in leaving open or not making Sufficient Gates or Bars he Shall be accountable and make good the Same. The foregoing Bequests is to my Son Ichabod his Heirs & Assigns forever in Fee Simple.

   Item. I give & bequeath unto my Son Benjamin Stacy all that Fifty Acres of Land more or less which I purchased of Mad^m Mary Frost in Berwick with y^e Buildings and Appurtenances, which S^d Fifty Acres lieth between y^e Lands I have before given to my Son Ichabod, and the Lands formerly laid out to Dan^l Emery Dec^d and all y^e Meadow Land at the South End thereof carrying y^e Same Breadth of y^e Said Fifty Acres; All to be improved by his mother till he comes of y^e Age of twenty one Years; And after his Mothers Decease I likewise give him all that Fifteen Acres more or less between y^e Said Fifty Acres & the Way which I have before given his Mother y^e Improvem^t of during her natural Life only reserving to his Brother Ichabod a Way thrô y^e Same as before mentioned. I likewise give my Said Son Benjamin Thirty five Acres of Wood Land in Berwick afores^d Ten Acres of which is in Lot N^o five in y^e Second Check & twenty five is in Lot N^o Six in y^e S^d Second Check of y^e Division of y^e Common Lands there, all which is to him his Heirs & Assigns for ever in Fee Simple, he paying to his two oldest Sisters viz^t to Hannah & Lydia to each of them a Cow when he comes of age immediately after his Mothers Decease or in Failure thereof to pay each of them three pounds lawful Money in Cash.

   Item. I give & bequeath to my Son Iohn Stacy all my Lands in Kittery, except what I purchased of Sam^l Odell, y^e Same to be improved by his Mother till he comes of y^e Age of twenty one Years, And after that he is to manage y^e Same to y^e best Advantage, and render to his Mother one third part of the Produce into y^e House; the whole of which I allow her during her Life; And in y^e Barn y^e Easterly half of which She is to have & improve during her natural Life all which is to be done in y^e proper Season thereof, my Said Son to have the Westerly half of the Barn as Soon as he comes of age; and all the other Buildings after his Mothers Decease all which is given to him his Heirs and Assigns forever in Fee Simple he paying when he comes of Age to each of my Five Daughters viz^t to Hannah Lydia Sarah Mehetable & Meribah one Good Cow to each, or in Lieu thereof three pounds lawful Money to each of my Said Daughters.

   Item. I give to my Daughter Hannah in Fee Simple twenty one Acres of Land in Lot N^o Fourteen in the first Check in y^e Division of the Common Lands of the Proprietors of Kittery in Berwick.

   Item. I give to my Daughter Lydia in Fee Simple twenty Acres of Land in Lot Number twenty five in the said first Check.

   Item. I give to my three other Daughters viz^t Sarah Mehetable & Meribah Seventy five Acres of Land in Fee Simple in Lot Number fifty seven in y^e first Check and five Acres in Number Fifty two in y^e Same Check to be equally divided amongst them; And after my Wife's Decease I give to my Five Daughters before mention'd in equal Shares in Fee all that Ten Acres of Land more or less in Kittery I had of Sam^l Odell with the Buildings & Appurtenances.

   And my Will is, That if either of my Sons die before they come of Age & leave no Issue his Portion Shall be equally divided between the other Sons; and if either of the Daughters die before they come of Age unmarried & leave no Issue her Portion is to be equally divided amongst y^e Daughters.

   And I leave Seventy acres of Land in Berwick in Lot Num^r Six in y^e Second Check to remain in my Wife's Hands till all the Sons comes of age, and after that if there be no Necessity to Sell or dispose of the Same to pay Debts or Charges that may hereafter arise the Same shall be equally divided amongst my three Sons when my Wife Sees Cause to deliver the Possession thereof to them.

   In the last place, I appoint & ordain my Well beloved Wife Sarah Stacy Sole Execut^x of this my last Will & Testament, Renouncing all other Wills by me heretofore made and do declare this & this only to be my last Will & Testam^t.

   In Witness whereof I have hereunto Set my Hand & Seal this tenth Day of October in the 31^st Year of His Maj^ts Reign, 1757.

Benj^a Stacy (Seal)

   Signed Sealed published pronounced & declared by the said Benj^a Stacy to be his last Will & Testament in presence of Gattensby Wittum Iohn Emery jun^r Caleb Emery Daniel Emery jun^r Noah Emery.