Maine Wills

1640-1760

The Will of David Libbey

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 From York County Probate Records, Volume Five (1725-42)

   In the Name of God amen I David Libbey of Kittery in ye County of York in ye Province of ye Massachusets Bay in New-England yeoman haveing upon me the Infirmitys of Old Age yet being of perfect memory & calling to mind the uncertain Estate of this Life, and that it is appointed for all men once to Dye, Do make Ordain & Declare this to be my last Will & Testament In manner & form following vizt

   Imprs I Recomend my soul into ye hands of God who gave it & my Body to ye Earth to be Decently buried at ye Discretion of my Executor hereafter Named and for ye settleing of my Temporal Estate which it hath pleased God to give me I Do order give & Dispose ye same in the following manner after my Just Debts & Funeral Charges are satisfyed & paid by my Executor.

   Item. I Give & bequeath unto Elenor my Dearly beloved wife one halfe of my Homested from ye River to ye Country Road During her Natural Life Excepting two acres given in this my Will to my Son Solomon Libbey also one halfe of my Laud at ye North East End of my Lot lying at ye North East End of a Lott given in this my Will to my Son Samll Libbey during her natural Life, I also give & bequeath unto my sd wife my whole personall Estate of what kind soever for her Use during her Natural Life & to be Disposed of among my Children at her Discretion.

   Itm I Give & bequeath unto my beloved Son David Libbey Twenty acres of Land to begin at ye Country Road & to run back the whole breadth of my Land North East & by East untill Twenty Acres be accomplished Excepting one Rod in breadth on the North west side which I reserve for A way to ye head of my Lot to him his heirs & assigns for ever.

   It. I Give & bequeath unto my beloved Son Samll Libbey Ten Acres of Land begining at ye North East End of my son Davids Twenty acres above mentioned & to run back ye whole breadth of my Land North East & by East untill Ten acres be accomplished, Excepting one Rod in Breadth on ye Northwest side which I reserve for a way to ye head of my Lot to him his Heirs & assigns for ever.

   It : I Give & bequeath unto my beloved son Solomon Libbey two acres of Land begining at ye Country Road one Rod south Eastward from ye Northwest Line of my Land & thence South Eastward by ye heigh way sixteen Rod & to run that breadth south west & by west Twenty rod to him his heirs & assigns for ever.

   It : I Give & bequeath unto my beloved Son John Libbey five Shillings being in full of his Portion with what I have already given him.

   It : I Give & bequeath unto my beloved son Ephraham Libbey my homested with ye buildings Orchard & appurtenances bounded south west ward by Piscataqua River North westward by Matthew Libbeys Land south Eastward by Stephen Tobeys Land & North Eastward by ye Country Road Excepting two Acres above given to my son Solomon I also give unto my said son Ephraham all ye remainder of my Land from ye North East End of ye Ten acres above given to my Son Samll to run ye whole Breadth to ye head of my Lot with ye free Use & Liberty of ye way afore reserved from my homested to ye head of my sd Lot togather with all other Rights & privilidges to me by any ways or means belonging to him his heirs & assigns forever always provided & to be understood that my wife Enjoy ye one halfe during her Life as aforesd.

   It : I Give & bequeath unto my beloved Daughter Mary Small five Shillings being in full of her Portion with what I have already given her.

   Itm. I Give and bequeath unto my beloved Daughters Elizabeth Libbey Elenor Libbey & Abigail Libbey Each of them Ten pounds to be paid by my Son Ephraim within one Year after my Decease Except I should pay them before & what appears by my Account to be paid to Either of them as part of their said Portion.

   And I Do by these presents Nominate Ordain & appoint my Beloved Son Ephraim Libbey to be sole Executor of this my Last will & Testament.

   In Testimony whereof I have hereunto set my Hand & affixed my seal this Sixth Day of May in ye Eleventh year of ye Reign of Our Soveraign Lord George by ye Grace of God of Great Brittain &c King. annoque Domini one Thousand seven hundred & Twenty five.

Signed sealed & Declared by
   ye sd David Libbey to be his
   last Will & Testament In presence of Us.
   Jos : Hammond
   John Rogers
   John Fogg
David Libbey (seal)
    his mark
   Probated 24 Dec. 1736. Inventory returned 14 Jan. 1736, at £1329: 5: 0, by Jos: Hammond, John Rogers and Jos: Hammond Jr., appraisers.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 379, citing Probate Office, 5, 64.

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