Maine Wills

1640-1760

The Will of John Cottle

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

   In the Name of God Amen. I John Cottle of Kittery in the County of York in the Province of the Massachusetts Bay in New England Shipwright being of a sound Mind & Memory, but considering ye uncertainty of Life and not knowing how soon my great Change may come, Do make & ordain this to be my last Will & Testament. And after humbly committing my Soul into ye Hands of God the Father of Spirits hoping for his pardoning Mercy thrô the Merits of Iesus Christ our Lord, and my Body to the Dust to be decently Buried according to ye Discretion of my Executor hereinafter named, believing in ye Resurrectn of the Body, and hoping for Eternal Life. That worldly Estate which God in his good Providence has given me I give devise & bequeath the Same in the following Manner and Form, that is to Say. Impr My Will is that all my just Debts & funeral Charges be paid by my Executor out of my Estate within convenient time after my Decease.

   Item. I give bequeath & devise to Anna my beloved Wife to hold to her & her assigns during her Widowhood and no onger the Use & Improvement of all my Estate both real and personal, excepting one half of my dwelling House with a convenient way to pass from said House over my Land to the High Way. But if my Said Wife Shall Marry then I give her one third part of my real and personal Estate during her natural Life and no more.

   And if the Income or produce of my Estate be not Suffict for the Support of my Said Wife during her Widowhood it is my Will that my Son William Cottle take Care of her and provide for her yearly so much as will be Sufficient with what I have given her to afford her a comfortable Support as aforesd. And in case my Said Son notwithstanding my Will herein declared Shall refuse & neglect to take Care and provide for his Mother if the Income or Produce of my Estate be not Sufficient for her Support as aforesaid I hereby give my Said Wife full Power to Sell & dispose of so much of my moveable Estate as will be Sufficient for her comfortable Support with the Profits of my Estate as aforesaid.

   Item. I give to my two Daughters Mary Moore, Sarah Cotten to each of them ten Shillings lawful Money of ye aforesd Province to be paid to them by my Executor within one year after the Decease of my Wife.

   Item. I give & bequeath to my Son William Cottle after the Decease of my Wife all my real Estate with the buildings & appurtenances thereto belonging to him his Heirs & Assigns forever. If it Should happen that my Wife Should Marry, then I give two Thirds of my real Estate to my sd Son with full Power to enter & become Seized thereof at the time his Mother Shall so marry. And I give my Said Son all my personal Estate to be possessed of two Thirds thereof at the time his Mother shall marry and to enjoy the whole at her Decease in Case he Support his Mother if need be as abovesd I also give my Son William his Heirs & Assigns the one half of my dwelling House with a convenient way to pass from said House over my Land to the High Way to be possessed by him at my Decease. Lastly, I hereby constitute & appoint my Said Son William Cottle Sole Executor of this my last Will & Testament and revoke all other Wills by me in any manner heretofore made. In Witness whereof I have hereunto Set my Hand & Seal this tenth Day of December Anno Domini 1755, and in ye 28th year of His Majts Reign.

Signed Sealed & declared by ye Said
   Iohn Cottel to be his last Will &
   Testamt in presence of us.
   Stephen Dixson Richard Gowell
   Parker Foster Nathl Remick
Iohn Cottel (Seal)
   Probated 1 May 1759. Inventory returned 4 June 1759, at £109: 5: 6, by Joseph Hammond, Robert Cole and Benja Fernald, appraisers.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 860, citing Probate Office, 10, 80.

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