Maine Wills

 From York County Probate Records, Volume Four (1677-1734)

   In the Name of God Amen June the 15^th Day 1724 in y^e Tenth of King George ouer Great Brittain &c I William Fernald Sen^r of Kittery in the County of York within y^e Province of y^e Massachusetts Bay in New England being Aged & in an ill habbet of Body but of Sound and Perfect Memory : (Praise be given to God for y^e Same) & knowing y^e oncertainty of this life on Earth and being Desirous to Setle Things in order, Do make this my last Will & Testament in Manner and form following that is to Say first and Principally I commend my Soul to Allmighty God my Creator, Assuredly belieuing that I shall Receive full Pardon & free Remission of all my Sins & be Saved by y^e Precious Death & Merits of my blessed Saviour & Redeemer Christ Jesus & my body to y^e Earth from whence it was taken to be buried In Such Desent & Christian Manner as to my Executors hereafter named Shall be thought meet and Convenient & as Touching Such worldly Estate as y^e Lord in Mercy hath Lent me my Will and Meaning is, the Same Shall be Imployed & bestowed as hereafter by this my Will is Expressed : and first I do Reuoke Renounce frustrate and make Void all Wills by me formerly made, And Declare & Appoint this my Last Will and Testament.

   Item I give & bequeath unto my Eldest Son William Fernald & his Male Heirs Lawfully begotten y^t Island whereon I formerly Dwelt Commonly called or known by y^e Name of lay clain Island with y^e Dweling House & all out Housing Gardins orchards & all other y^e Priviledges & Appurtenances thereunto belonging I having given him y^e one half of s^d Island when I first Left it & went over to y^e Main to Live y^e other half I give & Resign to him Now he paying me fifty pounds for y^e Stage point According to a Greement, and to pay me one Hundred pounds more in Currant Passable money of New England at or before y^e first Day of June Next Ensuing y^e Date hereof and to Summer me and my Wife Elizabeth During our Naturall lives Twelve Sheep Yearly : & to provide and bring in place at my house a Proportionable part of fire wood which I and y^r Mother May have occation to Burn with y^e rest of y^r four Brothers Yearly During my & my Wifes Natural Life.

   Item I give & bequeath after my & my Wife Elizabeth our Decease, unto my Two Sons Benjamin Fernald and Ebenezer Fernald & to y^r Male Heirs Lawfully begotten : My Homesteed ffarm Containing abovt Eighty five Acres of Land be y^e Same more or Less with y^e Dwelling house out housing & Barn Garden orchards and all other y^e Priviledges & appurtenances of one kind or another thereunto belonging or in any ways appertaining to them and there Heirs lawfully begotten forever and to be Equally Divided betwixt them y^e said Benjamin Fernald & Ebenezer Fernald they or their heirs lawfully begotten paying one Hundred pounds that is to say Benjamin Fernald & his Heirs to pay to my Daughter Elizabeth Dearing or to her Children fifty pounds in Currant passable money in New England within y^e Space of three Year Next Eusuing after my Decease and my Son Ebenezer Fernald & his Heirs to pay to my Daughter Temperance More or her Children fifty pounds in Currant passable Money of New England within y^e Space of three Years Next Ensuing after my Decease Furthermore my Said Sons Benjamin & Ebenezer Fernalds Shall forthwith Repair and make up all y^e fences about & belonging to the Said Farm and y^e Dwelling house to be repaired by them so as to make it comfortable to Dwell in and Shall cut and make & house all y^e fodder that Shall be growing on y^e Said Farm this Present Year and also shall have y^e use of y^e oxen on y^e said place this Present Year and then afterwards they Shall have y^e whole farm and Stock of Cattle with y^e oxen Yeilding & paying y^e one half of y^e produce thereof to me and my wife during our Natural lives Excepting & reserving to my own & my Wives use and Improvement during our Naturall lives the orchard that is on y^e said Farm and my said Sons Benjamin & Ebenezer Fernalds shall plow plant & Sow and Manage y^e Said Farm as any other person Might do If it were leased & rented out to them and my Said Sons Benjamin & Ebenezer shall provide & bring in place to my house their Proportion of fire Wood which I & my Wife may have occation to burn with the rest of their brethren Yearly during mine & my wives Natural life and after mine & my wives decease my abovesaid Sons Benj^a & Ebenez^r Fernalds Shall be possest Quietly & peaceably of y^e whole farm with the orchard for ever on the Conditions above said the Said farm to be Divided in Equal Shares between them.

   Item I give and bequeath to my Two Sons Nathaniel Fernald and Tobias Fernald and to their Male Heirs lawfully begotten by them all that my farm or Tract of Land with a Dwelling house and barn thereon lying & being at y^e head of Spruce Creek in y^e Township of Kittery forever y^e Said Farm Containing abovt one hundred acres be it more or less According as it is butted & bounded with all the Priviledges & Appurtenances there unto belonging to them & their Heirs forever after y^e Decease of me & my wife to be divided between them my Said Sons in Equal Shares or portions, and I Do hereby order & appoint my Said Sons Nathaniel Fernald & Tobias Fernald their Heirs lawfully begotten by them to pay as followeth that is to say my Son Nathaniel Fernald or his Heirs Shall pay to my Daughter Margarett Cotton Deceased, her Children fifty pounds in Currant passable money in New England within y^e Space of three Years Next Ensuing after y^e Decease of me and my wife to be Divided in Equal Shares among them and my Son Tobias Fernald or his Heirs Shall pay to my Daughter Sarah Dam or her Children fifty pounds in Currant money in New England within y^e Space of three Years Next Ensuing after y^e Decease of me and my wife & further more my two said Sons Nathaniel & Tobias Fernald or their Heirs Shall provide & bring in place to my house their Proportion of fire wood which I and my wife may have occation to burn with y^e rest of their Brethren during mine & my wives Natural Life.

   Item I giue to my Daughter Elizabeth Dearing & to her Children fifty pounds in Currant passable money in New England to be paid to her or them by my Said Son Benjamin or his Heirs within y^e Space of three Years Next Ensuing after mine and my wives Decease

   Item I give to my daughter Temperance More & to her Children fifty pounds in Currant Money passable in New England to be paid to her or them by my s^d Son Ebenezer Fernald or his heirs within y^e Space of three Years Next Ensuing after mine and my wives Decease.

   Item I give to y^e Children of my daughter Margret Cotton Deceast fifty pounds in Currant passable money in New England to be paid to them & Divided in Equal Shares among them by my Said Son Nathaniel Fernald or his Heirs within three Years Space after y^e Decease of me & my wife

   Item I give to my Daughter Sarah Dam & her Children fifty pounds in Currant Passable Money in New England to be paid to her or them by my s^d Son Tobias Fernald or his heirs within y^e Space of three Years Next Ensuing after Mine and my wives Decease.

   Item I give to my Daughter Lydia Fernald & to Such as Shall legally Represent her fifty pounds in Currant passable money in New England to be levied & raised out of my Estate not herein above or before Disposed off to be paid to her by my Executrix within y^e Space of four Years Next Ensuing after my Decease

   Item I Give to my Grandaughter Elizabeth More fifty pounds in Currant passable Money in New England to be levied & raised out of my Estate not herein above or before Disposed of & paid to her by my Executrix within y^e Space of four Years Next Ensuing after my decease.

   Item It is my Will & desire that whensoever it Shall please Allmighty God to call and remoue my selfe or wife or both out of this world by death that my five Sons William Fernald Benjamin Fernald Ebenezer ffernald Nathaniel Fernald & Tobias Fernald be at y^e Charge of Decently burying us as they Shall Think fit and at y^e place where I do appoint that is to Say Near the Barn on the Northerly End thereof in my home stead farm the Charge of our interment to be born in Equall Shars by my aboves^d Sons and their Heirs.

   Item I Give to my Dearly beloved Wife Elizabeth Fernald all the remainder of my Estate both real and personal not in these presents or heretofore by me Disposed off wheresoever & whatsoever together with the one half of the incom or produce of my farm whereon I now Dwell & of my Farm at Spruce Creek above mentioned for her Comfortable Support during her Naturall life and to Dispose of as She in her prudence Shall See fit among our above Named Children & Grand Children or those that legally Represent them.

   In Witness whereof I have hereunto Set my hand & Seal.

   Memorand^m y^e word Sen^r of between y^e Second & third line & male between y^e Ninteenth & Twentieth line and y^e word Next between y^e twenty Eighth & twenty ninth line in y^e first page & male between the fourth & fifth line & pay to between y^e twelfth & thirteenth line in page 2^d and Grand Children between y^e twenty Sixth & twenty Seventh line in the fourth page were interlined before Signing.

Signed Sealed Published    pronounced and Declared    by the said William Fernald    as his last Will & Testament    in Presence of us the    Subscribers.    M Hunking    John Newmarch    Tobias Langdon    Richard Cutt		William Fernald (Seal)
Probated 2 Sept. 1728, Inventory returned at £2674: 15: 0 by Richard Cutt, Robert Cutt and Withers Berry, appraisers 25 Sept. 1728. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 295, citing Probate Office, 4, 2.