Maine Wills

 From York County Probate Records, Volume Three (1709-28)

In the Name of God Amen.

   The Eighth day of April Anno Domini one thousand Seven Hundred twenty and five I Andrew Haly of Kittery in the County of York in the Province of the Massachusetts Bay in New England yeoman being very Sick and weak in Body But of Perfect mind and memory Thanks be given unto God do make and Ordain this my Last will and Testament that is to Say Principally and first of all I 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 the Discreation of my Executrix and as Touching Such worldly Estate wherewith it hath Pleased God to Bless me in this life I Give and Dispose of the Same in the following manner and form.

   Imprimis I Give to my well Beloved Son Andrew Haly all that my Land that Lyes between Ioseph Willsons Land and Samuel Skillings Land Lying in Kittery in Spruce Creek which Land was formerly my fathers Andrew Haly Dec^d with the buildings that are now Standing on said Land and also a tract of Land which I have Lying in the woods by Ioseph Weeks and George Fenicks their Land as by returns on record in Kittery Town Book may appear he paying Such Sums of money as I Shall in these Presents here after Order him to pay and also to allow & Suffer his Brethren Samuel and Iohn Haleys twenty five Cords of wood to Each of them Samuel Hally to Cut and Carry of his twenty five Cords in Six years time and Iohn Haly to Cutt & Carry of his wood within ten years time from the above Said wood Land.

   Item I Give to my well beloved Sons Samuel Haly and Iohn Haly the Land whereon I now live & Dwell and the housing that is thereon Standing to be Equally Divided between them that is to Say Samuel to have his half part of the Land that is below the High way Adjoyning the Land of Benjamin Hutchins Deceased and Iohn his half Part next to the Land of Peter Lewises, and the Land that is above the High way; Samuel Haly to have his half Lying to the Land of Peter Lewis and Iohn to have his half Part Lying to the Land of Benjamin Hutchins Deceased only reserving & Excepting the Fruit that Shall Grow on the orchard for my wife Elizabeth during her widowhood, they my Said sons paying Such Sums of money as I Shall Order them hereafter in these Presents. and the Housing to be Equally Divided between my Said Sons Samuell and Iohn Haly Excepting my wife Elizabeth her third in the above said Lands and housing during her widowhood, my Said Samuel and Iohn to be Possest of the Land and housing hereing given them when they Shall be of twenty one years of age.

   Item I Give to my well beloved Daughter Elizabeth Haly fourty Pounds twenty Pounds to be paid to her by my Son Andrew Haly in money or Cattle at money Price the other twenty Pounds to be paid to her by my Said three Sons Andrew Samuel and Iohn in money or Cattle in Equall Shares at money Price.

   Item I Give to my daughter Sarah Haley fourty Pounds twenty Pounds to be paid her by my Son Andrew Haley & the Other twenty Pounds to be paid her by my Said three Sons Andrew Samuel and John in money or Cattle in Equall Shares or parts at money Price.

   Item I Give to my well beloved Daughter Rebeckah Haly fourty Pounds to be paid to her in money or Cattle at money Price by my Said Sons Andrew Samuel and Iohn Haley when She Shall be of twenty one years of age or marriage.

   Item I Give to my Dearly Beloved wife Elizabeth whom I Constitute make and Ordain my Sole Executrix of this my last will and Testament during her widowhood all the fruit that Shall Grow on my Orchard and a third part of my Dwelling house and a third Part of the Income of my Lands above Specified together with all my household Goods Debts and moveable Effects and Stock of Creatures for her Support During her widowhood and the bring up of my Children and to pay my Iust Debts and what Shall Remain thereof after her Marriage or Decease to be Equally Divided among my Children And if any of my Children above Named Should Depart this life (before they Come of age or marriage) that then it is my will that my Surviveing Children shall have what I have in these Presents Given to the Deceased to be Equally Divided among Them

   Finally I do hereby utterly disallow revoke and Disannull all and Every other former Testaments & wills & Executors in any wayes before Named and willed Ratifying and Confirming this and no Other to be my Last Will and Testament In Wittness whereof I have hereunto set my hand and Seal the day and year above written

Signed Sealed Published Pronounced    and Declared by the Said Andrew    Halley as his Last will & Testament    in the Presence of us the Subscribers    Gowen Willson    Samuel Skillin    Thomas Hutchins    John X Hutchins       his mark    Joseph Webber		Andrew Hally (Seal)
Probated 13 May 1725. Inventory returned, 2 July 1725, at £1176: 16: 7, by Withers Berry, Gowen Wilson and Thomas Hutchins, appraisers. £4: 3: 0, additional returned by the Executrix 9 June 1727. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 274, citing Probate Office, 3, 167.