Maine Wills

1640-1760

The Will of Benjamin Stevens

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

   In the Name of God Amen. The Nineteenth Day of April Anno Domini one Thousand Seven hundred and fifty eight, I Benjamin Stevens of Falmouth in the County of York & Province of the Massachusetts Bay in New England Blacksmith being in good bodily Health and of a sound & disposing Mind & Memory Thanks be given to God, But calling unto Mind ye Mortality of my Body, and knowing that it is appointed for all Men once to die do make & ordain this my last Will and Testament, That is to Say, principally & 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 ye Discretion of my Executrix, nothing doubting but at the General Resurrection I shall receive 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 and dispose of the Same in ye following Manner & Form. Imprimis, It is my Will that all my just Debts & funeral Charges be first paid out of my Estate.

   Item. I give & bequeath unto my Son Benjamin one half my Smith's Tools he to have his Choice of ye Bellows & Anvil.

   Item. I give & bequeath unto my well beloved Son Ioshua the other half of my Smith's Tools in Case he inclines to learn the Smiths Trade, otherwise to be left to my well beloved Wife Martha, to be by her disposed of for ye Use of ye Family.

   Item. I give & bequeath unto my well beloved Wife Martha Stevens the Use & Improvemt of all the remaining part of my Estate during the time of her continuing my Widow but in Case of a Second Marriage but one third from that time.

   Item. I give & bequeath unto my several Children vizt Benjamin Martha Ioshua Isaac Sawyer & Sarah two thirds of my Estate real & personal (Smiths Tools excepted) to be divided equally between them, at the time my Wife Should Marry again (in Case that Should be) and the Remainder thereof at the time of her Decease to be divided among them in the Same Manner to them their Heirs & Assigns forever.

   And I do constitute make & ordain my beloved Wife Martha Sole Executrix of this my last Will & Testament And I do hereby utterly disallow revoke & disannul all & every other former Testaments Wills Legacys and Bequests & Executors by me in any Ways before named willed & bequeathed ratifying & confirming this and no other to be my last Will & Testament. In Witness whereof I have hereunto Set my Hand & Seal ye Day and year above written.

Signed Sealed published pronounced
   & declared by ye Said Benja Stevens
   as his last Will & Testamt in the
   presence of us the Subscribers.
   Eunice Pearson
   Lucia Cushing
   Moses Pearson
Benja Stevens (Seal)
   Probated 1 Oct. 1759.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 871, citing Probate Office, 10, 110.

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