Maine Wills

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

   In the Name of God Amen, the Second Day of April Anno Domini one Thousand seven hundred & thirty nine I James Fernald of Kittery in y^e County of York & Province of the Massachusets Bay in New England Yeoman being aged and weak in Body but of perfect mind & memory thanks be given unto God therefore calling to mind y^e Mortality of my Body & knowing that it is appointed for all men once to Die Do make & Ordain this my Last Will & Testament, That is to say principally & first of all I give & Recommend my Soul into y^e hands of God that gave it & my Body I Recommend to y^e Earth to be buried in a Deacent & Christian burial at the Discretion of my Executrix nothing Doubting but at y^e Great & General Resurrection I shall Receive y^e same again by y^e mighty Power of God & as touching such worldly Estate wherewith it hath pleased God to bless me in this Life I give Demise & dispose of y^e same in y^e following manner & form.

   Imprimis, I Will That all my Just Debts & Funerall Charges be Raised & levied out of my Estate as soon as may be Conveniently after my Decease togeather with y^e several sums herein mentioned.

   Item I Give & Bequeath unto Mary Fernald my dearly beloved Wife one half of my Houseing & Lands dureing her natural Life and after her Decease I Give & bequeath it to my Son James Fernald here after named it is to be understood my Housing & Lands lyeing & being in y^e Town of Kittery afores^d & I also give unto Mary my s^d Wife all my other Lands not lying in y^e Town of Kittery & if She should not see cause to dispose of y^e whole or any part thereof what is left after her Decease is to be Equally Divided between my Daughters hereafter named Except y^e Eldest Viz^t Elizabeth Fogg, who shall have one Share & a half y^e Rest to Share Equally in s^d out Land; I also give & bequeath unto my s^d Wife all my Houshold Goods Debts & moveable Effects (that is to say what is left after y^e several sums herein mentioned are paid & satisfied) To Dispose of as She sees fitting to & amongst my Children, and Case my s^d Wife should marrey again She She is to Enjoy but one third part of my Estate dureing her natural Life.

   Item I Give & bequeath unto my well beloved Daughter Elizabeth Fogg five shillings in passable Bills of Credit besides what She has already had out of my Estate.

   Item. I Give & bequeath unto my well beloved Daughter Mary Adams Three pounds in passable Bills of Credit besides what She has already had out of my Estate.

   Item. I give & bequeath unto my well beloved Daughter Joanna Rogers five shillings besides what She has already had out of my Estate.

   Item. I give & bequeath unto my wellbeloved Daughter Anne Fernald Eight pounds in passable Bills of Credit besides what She has had out of my Estate.

   Item. I give & bequeath unto my well beloved Daughters, Viz^t Marget Fernald, Dorcas Fernald & Unice Fernald Each of them fifty pounds in passable Bills of Credit out of my Estate.

   Item. I Give & bequeath unto my wellbeloved Son James Fernald y^e one half of all my Housing and Lands lyeing & being in the Town of Kittery afores^d to him his Heirs & Assigns for ever and after y^e Decease of his Mother I Give unto him y^e whole of my Real Estate lyeing & being in s^d Kittery together with all y^e appurtenances & privilidges to y^e same belonging to him his Heirs & assigns for ever as aforesaid; I likewise Constitute make & ordain Mary my s^d Wife my Sole Executrix of this my last Will & Testament; and I Do hereby utterly disallow Revoak & Disannull all & every other former Testament Wills Legacies & Bequests & Executors by me in any ways before named Willed & bequeathed Ratifying & Confirming this and no other to be my last Will & Testament. In Witness, whereof I have hereunto Set my hand & Seal the Day & Year above written.

Signed Sealed Published    Pronounced & Declared by    ye sd James Fernald as his    last Will & Testament In ye    presence of us the Subscribers.    Lydia Fernald    Benjamin Fernald    John Godsoe.		James F Fernald (Seal)       his mark
Probated 19 Jan. 1741. Inventory returned 22 June 1742, at £4160: 0: 5, old tenor, by Thomas Cutt, Benjamin Parker jun. and John Godsoe, appraisers. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 444, citing Probate Office, 5, 254.