Maine Wills

 From York County Probate Records, Volume Two (1698-1718)

   In the Name of God Amen I Humphrey Spencer of Kittery in the Parish of Barwick in the County of Yorke in the Province of the Masachusets Bay in New England (Yeoman) being weak of body but of Sound mind and memory blessed be god for it, And not knowing how it may please god to deal with me, do make and ordain this my last will and Testament in manner and form following Viz^t.

   Imp^rs. I commit my soul into the hands of the lord Jesus Christ my onely Saviour and blessed redeemer hoping for a glorious Resurection through his merits and Intercession. And as for that outward Estate that God has given me, I give and bequeath as followeth.

   Item I will ordain and appoint that all my Just debts and funeral Charges be paid by my Executrix hereafter named.

   Item I give and bequeath unto my son William all my whom lands Orchards homesteed dwelling house and out housing to him and his Heirs forever, he paying unto my son Samuel one hundred pounds in or as money may be most conveniently comply'd with, in convenient time after he comes of Age of twenty one years. Also I give unto my son William all my out and Wood lands wherever laying or being, Unless my Executrix hereafter named See's occation to Sell them or any part or parcell of them for the payment of my Just Debts and funeral Charges then and in such case I do hereby Impower her so to do, And any sale she shall make there of or of any part or parcell thereof to be good and valid in the law to all intents and purposes as thô I had made Sale thereof in my life time, and in case those lands should not be suffitient, then she may sell as much of my home lands as may be best spared, for that vse end and purpose, and no otherwise under any pretence whatsoever, and such sale so made to be valid as afores^d

   Item I give and bequeath unto my Daughter Sarah my piece of land at the Bank alias Portsmouth in New Hampshere Joyning to John Cutt and M^rs Harvy bounded upon the high street, fifty four feet front, or however butted or bounded to her and her heirs forever.

   Item I give and bequeath to my dear and loving Wife Mary Spencer all my personal Estate of what nature kind or quallity soever shee managing the whole Estate for the best aduantage so as the Issves Effects and produce thereof may help towards the payment of my Debts, and bringing up my Children that the Estate may be kept whole if possible, or from being broke, as much as possible can be help't, And after my son William comes of age to Inherit My. said Wife shall yet notwithstanding possess and Injoy her Dowry or thirds of the Real Estate during her natural life as the law directs and prouide's.

   Item I do ordain Constitute and appoint my dear and loving wife Mary to be my sole Executrix of this my last Will and Testament, And I do pray and earnestly desire my Trusty and welbeloved friends the Honourable Ichabod Plaisted Esq^r & John Hill Esq^r to be overseers hereof, in advising & assisting my Executrix.

   In Wittness that this is my last will and Testament, I have hereunto set my hand and seal the 22^d day of January Annoque. Domini 1711/12

Signed Sealed published and    Declared to be his last Will    and Testament in the pres-    ence of us Wittnesses.    Jeremiah Wise    thomas Goodin    John Croade//		Humphrey Spencer (Seal)
Sworn to and recorded 11 July, 1712. Inventory returned at £781: 1: 0, by Daniel Emery, John Kye and John Croade, appraisers, 5 Aug. 1712. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 158, citing Probate Office, 2, 43.