Maine Wills

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

   In the Name of God Amen. The Sixth day of December Anno Domini one Thousand Seven Hundred & twenty I Peter Staple of Kittery in the County of Yorke in the Province of the Massachusetts Bay in New England Carpenter, being Sick and weak in body but of perfect mind & memory Thanks be given unto God. Therefore Calling unto mind the Mortality of my Body, do make & ordain this my Last Will & Testament that is to Say Principally and first of all I give & 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 Discretion of my Executors And as touching Such Worldly Estate wherewith it hath pleased God to bless me in this Life I give demise & dispose of the Same in The following manner & form.

   Imp^r I give & bequeath to Mary my dearly beloved Wife all my Houshold goods of every Sort to her, her Heirs & Assignes forever. I also give to her during her widowhood the one halfe part of the produce or income of my farme whereon I now dwell together with one half part of the produce or income of my Stock of Cattle & other Creatures She paying unto my Honoured Mother what I Stand bound & Obliged to pay her during her Natural life. I also give to my Said Wife the half of my now Dwelling house & the use of my Oxen during her widowhood to hale her firewood but if my abovesaid wife Should marry or depart this life before the Decease of my Mother then it is my will that my Son Peter Staple Shall have that part of the House & produce or income of my farm & Stock of Creatures which I have herein given to my wife during her Widowhood provided and be it always understood that he pay or Cavse to be paid to his Grandmother that which I Stand Obliged to pay her during her Natural life.

   Item I give to my Beloved Son Peter Staple my house & barn & out houses together with my homestead and Land whereon I now Dwell & possess which Land is Bounded on the South west by the river of Piscatiqua on y^e North West by Maj^r Hammonds & Iohn Rogers their Lands on the North East by Iohn Rogers his Land & on the South East by Ioseph Hill his Land & William Tetherby his Land to him & to the Heirs Lawfully begotten of his Body forever, I also give to him & to the Heirs lawfully begotten by his body forever all my Stock of Cattle & other Creatures provided & be it always Understood that he or they pay or Cause to be paid Such Sum or Sums or Legacies as I have given or Shall in these presents give & bequeath to any person or persons but if it Should So be that my Said Son Peter Should Depart this life & not leave Lawfull Surviving Issue to Inherit what I have herein given to him or them then it is my will that my next Eldest Surviving Son & the heirs Lawfully begotten by his body inherit what I have in these presents given my Son Peter, prouided he pay to my other Children those Sums or Legacis which in these presents I Shall order my Son Peter to pay And if my Said Son Peter Should marry & depart this life & not leave Legal Surviving Issue & Should have payed any part of or all the Legacies which I have herein given to my other Children or those that Shall Legally Represent them then it is my will that Such Sum or Sums as my Son Peter Shall have payed In his Life time Shall be Repayed to his Relict Widow She Renouncing all pretensions of Right unto the above mentioned Land & Stock of Creatures forever, And if my Next eldest Son to my Son Peter Should die without Issue then I give my abovesaid Land & Stock of Creatures to y^e next Eldest Surviving Son & to the heirs Lawfully begotten by his body forever he or they performing the Obligations which his Elder Brother is by these presents Obliged unto. And if he Should Depart this life without Surviving Issue then I give the aboves^d land & Stock of Creatures to my youngest son & the heirs Lawfully begotten by his body he paying in like manner the Sums or Legacies which his Elder Brother is by these presents ordered to pay.

   Item I give to my beloved Son Robert Staple twenty Pounds in Money or Cattle at money Price to be paid to him or those that Shall Legally represent him by my Son Peter Staple within y^e Space of three years next after my Mother her Decease provided & be it underStood that upon the payment of y^e abovesaid Sum of twenty pounds my Said Son Robert or those that Shall Legally represent him Sign & Deliver a Legal Relase or quitt Claim unto my Son Peter & his Heirs for ever of the Housing Land & Stock of Creatures in these presents given to my Son Peter.

   Item I give to my beloved Son Enock Staple his Heirs & Assignes forever Eighteen acres of Land Lying at Simmons his Marsh in Kittery which is that Land that I purchased of my brother Iohn Staple. I also give to him his Heirs & assignes forever the Moiety or one half part of my Common Right. I also give to him twenty pounds in money or Cattle at money Price to be paid to him or those that Shall Legally represent him by my Son Peter within the Space of five years next after my mothers decease Provided & be it understood that upon the Receipt of the abovesaid Sum of twenty pounds my Said Son Enock Deliver a legal Relase or quitt Claim unto my Son Peter & his Heirs forever of the housing Land & Stock of Creatures given in these presents to my Son Peter.

   Item. I give unto my beloved Son Ioshua Staple the Moiety or one half part of my Common Right & to his heirs & Assignes forever I also give to him twenty pounds in money or Cattle at money Price to be paid to him or those that Shall Legally represent him by my Son Peter within the Space of Seven Years next Ensuing the decease of my Mother provided & be it always understood that he Sign & deliver unto my Son Peter & his heirs forever a Legal Release or quitt Claim to the Lands & Stock of Creatures & housing which I have in these presents given to my Son Peter.

   Item I give to my beloved daughter Mary Staple Twenty pounds in money or Cattle at money Price to be paid to her or those that Shall Lawfully Represent her by my Son Peter within one years Space Next Ensuing y^e Decease of my mother prouided & be it always understood that She or they at or upon y^e receipt of y^e Said Summ deliver unto my Son Peter & his heirs forever a Legal Release or quitt Claim of all the Housing Land & Stock of Creatures herein given to my Son Peter.

   Item I give to my beloved daughter Elizabeth Ham twenty pounds in money or Cattle at money price to be paid to her or those that Shall Legally Represent her by my Son Peter within two years Space next after y^e Decease of my mother Provided & be it always understood by these presents that upon the Receipt of y^e aboves^d Sum or Cattle She or they Sign & Deliver unto my Son Peter & his heirs forever a quitt Claim or Relase to all y^e housing lands & Creatures I have herein given him.

   Item I give to my beloved Daughter Anne Twenty Pounds in money or Cattle at money price to be paid to my Said Daughter Anne Staple or those that Shall Legally Represent her by my Son Peter within the Space of four years next Ensuing y^e Decease of my Mother Provided & be it hereby always understood that She or they make & deliver unto my Son Peter & his heirs & Assignes forever a Legal Relase or quitt Claim of all her Right to the Lands Creatures & housing which I have given to my Son Peter upon his paying the abovesaid Sum to her or them.

   Item I give to my beloved Daughter Grace Staple y^e Sum of twenty pounds in Money or Cattle at money Price to be paid to her or those that Shall Legally Represent her by my Son Peter within the Space of Six Years next after the Decease of my Mother Provided & be it hereby understood that She or they upon y^e receipt of y^e Said Summ do make & Deliver unto my Son Peter his heirs & Assignes forever a Legal Release or Quitt Claim unto all Right in the Land housing & Stock of Creatures in these presents given to my Son Peter.

   Item I Constitute make & ordain my dealy beloved wife Mary Staple & my Son Peter Staple my Executors of this my last will & Testament. & I do hereby disallow revoke & Disannul all & every other former Testaments Wills Bequests Legacies & Executors by me in any ways before named willed & bequeathed Ratifying & Confirming this & no other to be my last Will & Testament, In Witness whereof I have hereunto Set my hand & Seal y^e day & year above written

Signed Sealed Published    Pronounced & Declared by    ye Said Peter Staple as    his last Will & Testament    by us the Subscribers.    Abraham Cross    Moses X Hunscom       his mark    Iohn Newmarch		Peter Staple (Seal)
Probated 4 Jan. 1720-21. Inventory returned, 27 March 1721, at £1108: 15: 6, by John Addams, John Dennit and John Tompson, appraisers. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 221, citing Probate Office, 3, 61.