Maine Wills

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

   In The Name Amen I Charles ffrost of Kittery in the County of York Within the Province of y^e Massachusets Bay in New England Esq^r Being by Gods Providence Sickly and Weak in Body but of Good and Perfect memory and of a Disposing mind : Considering y^e Uncertain Estate of this life & not knowing how Soon it may Please almighty God to Remove me out of this world Do Make Constitute ordain and Declare this my last Will & Testament in manner and form following herby Revoking and Adnulling all former Wills and Testaments by me Made Either by word or writing and first I Commend my Soul to God my Creator hopeing for Pardon of all my Sins and Everlasting Salvation through the alone merrits of Iesus Christ and after my Decease my Body to be Decently Buryed according to the Discreation of my Executors with the advice of my overseers hereafter named and as to my worldly Estate Shall be Bestowed as hereafter by this my Will is Expressed after the payment of such Iust Debts as are Due by me.

   (1) Imprimis for the love and affection I have and bear to my wife Iane ffrost. I Give and Bequeath unto her all my Personall Estate of what kind or Quallity soever Except what is hereafter Bequeathed In this my last Will and Testament, Desiring her to bring up my youngest son Eliot ffrost out of the Proffit or Income of y^e Same untill he arrives to the age of twenty one years and after the Decease of my wife my Said Son Eliot to have and Enjoy the said Personall Estate with the Profit that Shall arise thereon to him his Heirs and assigns forever and in Case my Said Son Should Dye Before he arrives to the age of twenty one years that then the said Personall Estate after my wifes Decease to be Equally Divided amongst all my Children Sons and Daughters that Shall att that time Survive and in Case my wife Should Dye before my Said Son arrive to age as aforsaid that then the Said Personall Estate to be Improved by my Two Eldest sons Charles and Iohn ffrost to the Best advantage for my Said Son Eliot untill he shall arrive to age as afforsaid they taking the advice of my Over Seers in the management thereof.

   (2) I Give and Bequeath to my Eldest Daughter Sarah Pierce one Silver poringer marked with her maiden Name She having already Received two Hundred Pounds it Being her Portion.

   (3) I Give and bequeath unto my Daughter Mary ffrost two Hundred Pounds to be paid her out of my Personall Estate by my Executors with in Six months after my Decease in Bills of Credit and household goods att a Iust apprisement to be made by by my over Seers I also Give her a Silver Porringer marked with her Name.

   (4) I Give and Bequeath unto my Daughter Elizabeth ffrost two hundred Pounds to be paid her out of my Personall Estate by my Executors within twelve months after my Decease in bills of Credit and household Goods at a Iust apprisement to be made by my Over Seers I also Give her a Silver Porringer marked with her name.

   (5) I Give and bequeath unto my youngest Daughter Abigail ffrost two Hundred Pounds to be paid out of my Personal Estate by my Executors when she shall arrive to the age of Eighteen years or be marryed in Bills of Credit or house hould goods at a Iust apprisement to be made by my over seers I also give her a silver porringer marked with her name & if my said Daughter Should dye before She arrive to said age or be marryed that then the said portion allotted her to be Equally Divided between my other three daughters or to those that Shall Survive.

   (6) I will that all my Plate of my first Wifes name shall be Equally divided between my four afforsaid Daughters to witt, Sarah Mary Elizabeth and Abigail Except what is here after given in this my Will unto my sons.

   (7) I Will my Books of all sorts Shall be Equally Divided between my four sons : to witt Charles Iohn Simon and Elliot ffrost

   (8) I give and bequeath unto my Eldest Son Charles ffrost my Negro man named Hector my Silver headed leading Staff my best Plate Hilted Sword my Silver Tobacco Box my Seal ring my best plate hatband and after the Decease of my wife I give him my other Negro man named Prince and a Silver poringer marked with his Mothers name & mine

   (9) I Give and bequeath unto my son Iohn ffrost my Negro man named Pompey my best Rideing horse and furniture belonging to him my Pistolls and Holsters my other Plate hilted Sword my other Plate Hat band and four Oxen four Cows three three year old Cattle three two years old three yearlings and three Calves and after my wifes Decease I Give him a Silver porringer marked with his Mothers name and mine

   (10) I Give and Bequeath to my Son Simon ffrost my Watch my silver Seal two Silver spoons marked with my own name at length my Second horse and Comon Furniture and my Silver Hilted Seymater.

   (11) I Give and Bequeath unto my youngest son Eliot ffrost all my money in Silver and Gold of what Coin So ever and all my gold rings (Except my Seal ring) and my steel Hilted Sword & after my wifes decease my negro boy Caled Cesar.

   (12) I Give the Church in Berwick my Small Silver Tankerd

   (13) I Give my Overseers five Pounds a Peace to be paid by my two Eldest sons out of what I have given them of my Personall Estate.

   (14) Whereas the Farm and Lands I now on at Sturgeon Creek in Kittery Containing about Six Hundred Acres more or less I will may be kept Intire without being broke to Peices Sold or go out of my Name and may Descend to the Heirs Male of my Son Charles ffrost and to his Heirs Male Successively forever and in Case of failure in y^e line of my Son Charles then I will that my said Farm Shall Go to the Heirs male of my son Iohn ffrost and to his heirs male Successively forever and if there fails of Heirs male in my Son Iohn his line then my will is that my said Farm Shall Go to my Next Heirs male at Law in fee Tail and So Successively for ever. I do therefere give & Bequeath my Said Farm in manner and form following (Saving my wifes dower during life) that is to Say I give and Bequeath my said Farm with all the members therof together with the buildings thereon unto my Eldest Son Charles ffrost and Second Son Iohn ffrost that is to say my son Charles to have the north and Westerly part from the South East Corner of M^r Chadbourns meadow next the brook which runs through my meadow and So Runing Easterly up the brook till it Comes to the stone Bridge and then as the Brook is till it Comes to the dung hill field fence Crossing s^d Brook and thence Continuing East as the fence now is till it Comes to y^e Cross fence between the young Orchard & Said Dunghill field and Continuing by the Said fence till it comes to York lane So Called together with all my land to the northward of York lane affors^d for and During the Term of my Son Charles his Naturall life and after his Decease to Decend in fee taill as is above Described to y^e next Heirs male Successively in his line for ever & when they fail then my Will is the whole Farm aforsaid Shall be and Remain to the Heirs male of my Son Iohn in fee tail and so to y^e heirs male in his line Succesively forever.

   I Give and bequeath the Other Part of my Said Farm to witt the East and South Part to my Son Iohn ffrost. For and During the Term of his Natturall life and after his Decease to Remain to the Heirs male of my Son Charles and to his heirs male in fee tail Successively for ever as is above Described and if there fail of Heirs Male in the line of my son Charles then and in that Case the whole Farm to be and Remain to the Heirs male of my Son Iohn and So to the Heirs male in his line in fee tail Successively forever and if their fails of Heirs male Lawfully Begotten in both lines as I have Described, then the whole farm to Remain to the heirs male in fee tail of my son Simon and to his Heirs male Successively for ever and if their fail of Heirs male in the line of my Son Simon Lawfully Begotten, then my Whole Farm to be and Remain to my youngest Son Elliot and to his Heirs male Lawfully begotten in fee tail Successively for Ever so that my whole Farm after the Decease of my two Eldest Sons to witt Charles and Iohn my Will is that the Said farm be kept Intire without being Sold broke into parts or Divided and so to Continue from Generation to Generation Successively forever. My saw-mill and Priviledges of Cutting of Timber on the South and East Part of my farm together with the appurtenances belonging thereunto which lye within the Bounds of my Son Iohn his Part Shall be Improved Equally Between my said two Sons Charles and Iohn during the term of their Natturall lives and after their Decease to Remain and be an appurtenance to my whole Farm and go with the Said Farm forever.

   (15) I Give and bequeath my saw mill Standing on York Pond brook with the priviledges thereunto Belonging to my Son Charles ffrost and to his heirs ans assigns forever.

   (16) I Give and bequeath to my Son Charles ffrost my Farm I bought of Iames Chadbourn and Company known by the name of Stony brook farm Containing one hundred and fifty acres more or less Scituate in Kittery being bounded Northerly by Trustrum Harriss Easterly by York line Southerly by Cap^t Charles ffrost and Westerly by Stony or long marsh Brook with all the Priviledges appurtenances and advantages there unto belonging to him the Said Charles his Heirs and assignes forever.

   (17) I Give and Bequeath unto my Son Iohn ffrost and to his Heirs and assignes forever my farm at Berwick known by the name of Carrolina Farm Containing five Hundred and twenty acres in Both Parts more or less as laid out the 7^th Ian^ry 1709 and the 26 Ianuary 1710 Saving liberty to my Son Charles of Cutting and Carrying of timber on that Peice last laid out as he Shall have occation for During his Natturall life.

   (18) I Give and bequeath all my Rights in the Common and undivided Land within the Township of Kittery & Berwick whether by Purchase or other wise unto my two Sons Charles and Iohn that is to Say the two thirds thereof to my Son Charles and to his heirs and Assignes in Severalty for ever The other third part thereof I Give unto my son Iohn and to his Heirs and assignes in severalty forever.

   (19) I Give and bequeath unto my Son Simon ffrost all that my five Sixths part of a tract of Land Containing thirty four acres and half laid out to my father the 21. Iune 1682 near the head of maj^r Clarks Patten the other Sixth part belonging to my Brother Iohn ffrost As also a small tract of Land I have Laid out Since Joyning thereunto to him my Said Son Simon and to his heirs and assignes forever I also Give unto my Said Son Simon the five sixths part of ten acres of Salt marsh more or less Scituate in Cape porpus which marsh my father bought of m^r Ioseph Bolls as per his Deed bearing date the third day of April 1672 : the other Sixth part belonging to my Brother Iohn ffrost to him the Said Simon his heirs and assignes for ever. I also Give my Said Son Simon my Lott of Land lying and being in Portsmouth within the Province of New Hampshire which I Purchased of Cap^t Iohn Pickerin as per his Deed of Sale bearing date the thirtieth day of Octo^r 1697 : to him the Said Simon his Heirs and assignes for ever.

   (20) I Give and bequeath unto my youngest Son Elliot ffrost all that my five Sixths part of a tract of Land Ioyning to the highway leading from Sturgeon Creek To Spruce Creek in Kittery which Land was Laid out to my father the 17 day of Ianuary 1687/8 Containing thirty Acres the other Sixth part belonging to my brother Iohn ffrost to him the Said Elliot ffrost his Heirs and assignes forever I also Give and bequeath unto my Said Son Elliot ffrost all that my tracts or parcels of Land Lying in Sheeps gut River Between Sagadahok and Pemaquid which Land I bought of m^r Iacob Clark and Alce his Wife of New Castle in the Province of New hamshire as appears by their Deed of Sale bearing Date Sixteenth of November 1719. with all the priviledges thereunto belonging to my Said Son Elliot his heirs and assignes forever.

   (21) My Farm I now live on at Sturgeon Creek in Kittery as is mentioned and Expressed in the fourteenth Chapter of this my will Shall and here by is Excepted, and the Remaining part of all my other Land given Shall be a fee Simple to be Disposed of as they to Whom it is Given Respectively Shall Seem meet But in Case any of my aforesaid Sons Should dye before they make any Disposition of their Respective parts or with out Lawfull Issue then and in Either Case the said lands Shall be divided between my other Sons or to their Heirs Respectively who then Shall Survive according to an act for the Settlements and Distribution of the Estate of Intestates unless they or Either of them or Either of their Heirs or assignes Respectively shall See Cause to Intail the Same or any part thereof as they or Either of them Shall think fitt.

   (22) My will is that my Son Charles and my Son Iohn in Consideration of what out Lands I have in this my will given them Shall pay with twelve months after my Decease unto my Son Simon the Sum of fifty Pounds apeice in bills of Credit and also to Supply him with Necessaryes untill he hath Perfected his Study at the Colledge according to the Discreation of my Overseers.

   Lastly I do make Constitute and appoint my two Eldest Sons Charles and Iohn ffrost to be the Executors of this my Last Will and Testament Ordering them to observe & abide by this my will and I Do Desire my well beloved friends the Hon^ble George Vaughan and Iohn ffrost Esq^r and Cap^t Timothy Gerrish to be my overseers to advise and assist my Executors in the faithfull Discharge of their trust

   In Wittness that this is my last Will and Testament I have hereunto set my hand and Seal the 24 day of September in Eleventh Year of his Maj^ts Reign anno Dom 1724

Signed Sealed Published pronounced    and Declared by ye sd Charles ffrost    as his last will and Testament in    the presence of us ye Subscribers.    James Grant    Samuell Small    Samuell Johnson    David Sawyer		Charles ffrost (Seal)
Probated 5 Jan. 1724-5. Inventory returned 10 March 1724, at £10127: 03: 00, by Nicholas Shapley, John Dennett and Nathan Bartlet, appraisers. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 257, citing Probate Office, 3, 145.