Maine Wills

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

Portsm^o In     }      In the Name of God Amen, this 21^st Day of June 1721.
New Hampsh^r}

   I Iohn Pickerin of Said Portsmouth being at present in Perfect memory and in Health Blessed be almighty God for it & Calling to mind the frailty of my Nature and y^e Certainty of Death how Soon it May Please God to Call me of the Stage of this world I know not, I Do therefore make & Declare this to be my last Will and Testament Nulling & Revoaking and makeing Void all & all Manner of former and other Wills by me Made Either Verbally or in writing and this to be taken for my last Will & Testament.

   Imprimis I Commit my Soul into the Hands of Almighty God that gave it hopeing and beliveing in y^e Lord Jesus Christ My Blessed Saviour and Glorious Redeemer for Salvation & Everlasting life & that he will for his great Mercys Sake pardon all my Manyfold Sins & Transgressions My body to be Decently Buried at y^e Discretion of my Executor and Overseers hereinafter Named.

   As for my worldly Estate which it hath Pleased Almighty God to bestow upon me I Do Will & Dispose of as herein after Expressed.

   First I Give and bequeath unto my beloved Daughter Mary the wife of John Plaisted Esq^r as an Addition to what I have allready given her and her Said Husband to make up her full Portion of what I Intend to bestow on her out of my whole Estate More then what already given to Say the full half of that Point or Neck of land Called by y^e Name of Ellens^s Point that is to Say the full half of what Shall not be by me Disposed of in my life time also I Give her two house lotts of Land on my Neck of Land whereon I now live to be in breath on the high way or Street forty foot front and Sixty foot back each lott all which Lotts of Land both Ellenss^s Point and on the Neck Shall be bounded out by My Executor in Conveniant time after my Decease and to be to my Said Daughter her Heirs assignes forever, and Whereas I formerly gave her forty foot of Land and a little house Near the burying Place and Sold a percel of Land to William Furnald on both Sides thereof Since haveing by Consent Disposed of Said forty foot to Said Furnald Do Order and Give unto my Said Daughter In Exchangeing for that Said forty foot, forty foot adjoyning on the Westerly Side of aforSd Lott home to the burying Place and Whereas there is about Such another Percell between M^r Langdons bounds and her Said forty foot I Give it to her and her heirs & Assignes from the High way home to the burying Place Provided She allow of my Sale to Said Furnald always Reserving a way to the burying Place Next Langdons bounds and Whereas my Son in Law John Plaisted has fenced in on the South Side and West End between or about Thirty or forty foot of Land more then I Gave him and his Wife there being a long Acco^t between him and my Self not yet Settled though I belive I owe him not one penny but rather he in my Debt, yet if he allow and Ballance all our Acco^ts then I freely give unto him and his Heirs & assignes forever all that Said Land So fenced in by him but if he Do not allow of and Ballance all Acco^ts as aforeSaid then My Executors & Overseers to make up all our Accompts & the Ballance to be paid to whom its due and the land to returne to my Executor.

   2^d Whereas I formerly by Deed of Gift bareing Date the 26^th of Sept^r One Thousand Seven hundred give unto my Son John Pickerin My Corn and Saw Mills at York & Land and Priviledges thereto belonging in York in the Province of Main in which Deed I Intailed what I therein gave but Reserved allways liberty to my Self to take of Said Intailment if I Saw Cause doe it haveing Duley considered thereof I Do Declare Said Intailment to be wholely taken of and absolutely Void wholly Null to all Intents whatsoever Never to Stand in force more then if it had Never been made.

   3^d Whereas My Grandson John Pickerin the Intended Heir to his Deceased Father John Pickerin My Natural Son Dece'd also is also Dead & left no Issue and Whereas his brother Thomas Pickerin whas to have what Estate I gave his father at York and his Decease'd brother at York in the Province of Main it So falls out that Said Father being so Indebted to Sundry Persons as also his Funeral Charges and his Wifes Funeral Charges all unpaid and Sundry legacyes to be paid which Cannot be done but by Selling Said Estate to Divide it in pieces Will Rven the whole I therefore being Executor to my Said Sons Estate haveing Duely Considered thereof haveing power in my Self for Disposing of above half of all the lands and one Mill and also as Executor to my Said Son Decease'ds Estate and for the payment of all Just Debts & Legacyes to Dispose of the Same and think to be done According as I shall herein Express.

   4^ly And I have thought good and it is my Intention to Make Sale of all those Lands Mills &c^t that I Gave my Deceased Son and all my other lands & Mills Meadows that I Gave in Said York in Order to payment of Debts Legacyes & Funerall Charges & what Shall be Left to be Divided Amongst his Children.

   5^ly And Whereas My Grandson Thomas Pickerin is the Intended Heir to his Deceased Fathers Estate at York my Advice Will and mind that he quit all Manner of right & Interest both for himself And his Heirs to all and every part of Said Estate And Stand to make Good and Confirm Whatever I Shall do or See Cause to be done there about in any Manner of Ways Whotsoever, I Say then & if he and his heirs So doing then I Give and bequeath to him my Said Grandson Thomas Pickerin my house wherein I Now live with the Land whereon it Now Standeth to the Well on the North East part the Land, I Gave his Deceased Father on the Northerly Side y^e Westerly End to be Divided by a line between my New House and y^e little house up to y^e Land I Gave my Son also I Give and bequeath unto my S^d Grandson My two Corn Mills Saw Mill with all y^e Utencels to them belonging with all y^e Pond Streams of Water Dam and Everything Else to S^d Mill Dam or Pond belonging to be to him My Said Grandson and the Heir of his body Lawfully begotton forever to Say the Heir Male and if it Should happen that he dye and leave No Heir Male them my Will is and I Do hereby give all What I have given him as aforeS^d unto my Grandson Samuell Pickerin and the Heir Male of his body Lawfully begotten & So to y^e Heir Male from Generation to Generation and if any or Either of my Said Grandsons that hath No Heir Male have Children as Daughters they Shall Each of them have Such Legacyes given as may be paid not Wronging y^e Estate that I have gave as May be paid by the yearly Income of y^e Mills but their Father Shall Not give Such Legacyes as the Estate is not Capable of paying without being Detrementall to the whole And if Sam^ll Dye & leave No Heir Male then my Will is that Daniel have Said Estate and to be to him and his Heir Male as before Exprest to the other.

   6^ly I also make my Grandson Thomas my Sole Heir and I Give him all my other Estate of Houses Lands Debts Dues & Demands whatsoever belong unto me here or any where Elce in the Country to him and His heirs Execut^rs or Adm^rs forever and what Shall not be Disposed of by him in his Lifetime if he leave No Heir Shall go to Sam^ll and his Heirs &c^t if Sam^ll leave No Heir as aforesaid them to Daniel and his Heirs if all these Dye and leave No Heir Male Then What I have Given to all or Either of them Shall Divided amongst the Females my Sons Daughters to be the first.

   7^ly My Will is that if my Grandson Thomas take not up with this my Will as herein before Exprest that then What I have given him Shall go to Sam^ll and Daniel in y^e Same Manner as I have Exprest So from One to another and No other ways forever.

   8^ly If I do not Sell Nor Dispose of that at York and Thomas take up with what I have given as before Specified that all what I Dispose Not of Shall go to Sam^ll and Daniel Pickerin & their Heirs Executors Administrators &c^t on these Conditions that they pay or Cause to be paid unto their Sisters Deborah and Sarah Pickerin Seventy pounds apiece and also that Thomas See them paid Thirty pounds apiece to make up one Hundred pounds Apiece for their Portion And to Mary Sloper I Give one Lott of Land of forty foot front & Sixty foot back besides what her Father gave her to be bounded out by My Executor or that he pay her thirty pounds and Thomas my Executor or who I make Execut^r Shall pay out of my Estate here Thirty pounds to Deborah and Thirty pounds to Sarah Pickerin to make up their Portion One hundred Pounds apiece as afore Said Sam^ll to Pay Seventy pounds apiece.

   9th If I Sell Said Estate at York my Will is that Sam^ll Daniel Deborah and Sarah Pickerin Shall be paid their hundred pounds A piece all out of that Estate & all that Shall be left after y^e Debts of their Father paid and his and ther Mothers funeral Charges Defray'd all y^e Rest Shall be Equally Divided between them four, Thomas No part with them only to take Care it be done.

   10 : As for My houshold Goods I Give and bequeath unto Thomas Pickerin if he take up as before Specifyed my Feather Bed and what belongs to it Whereon I lye One Iron pot and one Plater and Whereas it was my S^d Grand Childrens Mothers Desire y^e Children Should have all their Fathers Moveables of Houshold Stuf they Shall have all my Houshold Stuff what given Thomas Equally Divided amongst them to Say Deborah Sarah Sam^ll and Daniel Pickerin.

   11th I Give and bequeath unto my Grandson Elisha Plaisted One house Lott on my Neck of Land butting on Some high way or Street to be forty foot fronting and Sixty foot Back to him & his Heirs & assignes forever.

   I Give unto my Grandson James Plaisted One house Lot of Land y^e Same bigness his Brother Elisha's is And on Same Street or way to be to him & his Heirs forever.

   I Give and bequeath unto my Grandaughter Mary Phipps Twenty pounds besides y^e lott of Land I formerly gave Her at y^e End of her Fathers Lott Said Twenty pounds to be paid by my Executor as Soon as he can Possable do it.

   I Give and bequeath unto my Decease'd Grandaughter Mehitable Gerrish her Son Now liveing with his Grand Father John Plaisted five pounds to be paid him in money when he Comes to age of Twenty one Years by my Executor.

   I Give unto my Daughter Mary Plaisted the Wife of John Plaisted Esq^r five pounds per Year to be paid her by my Executor after my Decease every Year During her Natural Life out of the Mill in Corn.

   Lastly I Make and Ordain my aforeS^d Grandson Thomas Pickerin my Sole Heir and Executor to my Estate Willing him to See this my Will performed in all Respects if he take not up with this my Profer then I make my Grandson Sam^ll and Daniel My Executors to See every thing Performed as I have given in all Respects Praying my Son in Law John Plaisted & Cap^tn Thomas Phipps and the Rev^d John Emerson to be Aiding Assisting Advising My S^d Heir & Executor In y^e Management of all y^e Concerns as Specifyed in this My Will and that they and each of them take y^e whole Care & Charge of my Said Estate and Manage it for the best Advantage of my Heir Untill he Come to Age to each of them I Give five pounds apiece to be paid out of my Estate In Confirmation here of I have hereunto Set my hand and Seal the Day and Year abovesaid And Do Declare this to be my last Will & Testament I further add and it is my full mind and Will that if I Sell Not y^e Estate at York y^e whole Estate there of Mills Lands Priviledges Streams of Water and Every thing belonging to me their Shall fall into the Hands of my Grandson Sam^ll Pickerin and Daniel Shall have No part thereof but Shall be paid one hundred Pounds Money for his part thereof and Sam^ll to See it Paid as also Seventy pounds apiece To his Sister Deborah and Sarah Pickerin that done all the rest of y^e Said Estate to be to Sam^ll and His Heirs as before in this my will Specifyed forever & all that Estate to Stand Good for y^e payment of all the three Legacyes (Viz^t) Daniel Deborah & Sarah Pickerin One hundred Pounds apiece & Thomas to see all y^e rest of this my Will Complyed within all respects. I further Say that he Shall have full Power to sell all my Estate only the house and Mill Stream of Water to the Mills belonging all this Stands Intailed forever but all the rest free and full Liberty to Sell and Dispose of as he My Said Heir or Heirs Shall See fitt allways reserving and keeping y^e Intailment good & Vallued forever.

Signed Sealed & Delivered    In Presence of    Benja Gambling    John Sherburn    Nathll Lang    Henery Bickford		John Pickerin (Seal)
Sworn to by attesting witnesses in New Hampshire 15 May, 1721. Probated 19 July, 1722. Inventory of so much of said Estate as lay in York County returned 10 Febry 1721-2, at £412: 5: 0, by Arthur Bragdon, Daniel Simpson and Joseph Moulton, appraisers. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 242, citing Probate Office, 3, 104.