Maine Wills

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

   In the Name of God Amen the thirteenth Day of January in y^e Year of Our Lord one Thousand seven Hundred & thirty four I Mathew Libbey of Kittery in y^e County of York & Province of y^e Massachusets Bay in New-England Yeoman haveing upon me the Infirmities of old age but of perfect mind & memory and Considering it as a Duty to set my House in Order before I Die Do make & Ordain this Instrument & none Other to be my last Will & Testament in manner following Viz^t.

   Imp^s I Committ my Soul into y^e hands of God who gave it and my Body to y^e Earth to be Decently buried at the Discretion of my Executor hereafter named, and as to such Worldly goods as God in his providence hath given me I Do dispose in manner following after my Just Debts & Funeral Charges are paid and Discharged.

   Item. I Give to Elizabeth my Dearly beloved Wife one half y^e Improvement of my Homestead where I now Dwell in Kittery afores^d Excepting what I have given in this my Will to my Son Mathew Libbey during her Life with the Eastermost half of my Dwelling House besides her Thirds of my Personal Estate at her disposing.

   Item. I Give & bequeath unto my beloved Son Mathew Lebbey his Heirs & assigns for ever that Tract of Land where he now dwells Containing Twenty four Acres bounded by y^e Country Road or Highway runing y^e whole breadth of my Lot between the Lands of James Staples & y^e Land of Solomon Libbey & runing back North East & by East untill Twenty four Acres be Compleated Excepting one Rod which I Reserve for a way Adjoyning to Solomon Libbeys y^e whole length back and my meaning is that he run so far as will make Twenty four Acres Excludeing s^d way.

   Item. I Give & bequeath unto my beloved Son William Libbey his Heirs & assigns for ever one third part of my Interest in y^e Sawmill which he & his Brothers John and Andrew now Improve in y^e Town of Scarborough besides y^e Land I formerly give him by Deed in Scarborough afores^d.

   Item. I give & bequeath unto my Sons John Libbey & Andrew Libbey their Heirs & assigns for ever all my Lands & Meadows which I have or Claim in Scarborough afores^d Except what I gave to my Son William afores^d Together with two third parts of y^e afores^d Mill to be Equally Divided between them, and also all my Right of Commonage or any after Division of Lands which might Accrue to me in Scarborough afores^d to be Equally Divided between them.

   Item. I Give & bequeath unto my beloved Son Nathaniel Libbey five pounds in Cattle or other Specie besides what I have already given him to be paid by my Executor within a Year after my Decease.

   Item. I Give & bequeath to my beloved Daughter Mary Libbey one Acre of Land in Kittery where her husband Samuel Libbey formerly built & dwelt provided it be not sold to any person Except to my Son Samuel Libbey & y^e price not to exceed twenty pound.

   Item. I Give & bequeath to my beloved Daughters Hannah Hanscom & Sarah Libbey fifteen pounds Each of them in specie at money price to be paid within two Years after my Decease by my Executor always provided that what shall appear by my acco^t to have been paid them after y^e Date of this my Will shall be accounted as part of said Legacies.

   Item. I Give to my beloved Daughters Dorcas Staples and Lydia Stacie Eight pounds Each of them to be paid by my Executor in Specie at money price within three Years after my Decease provided always that what shall appear by my Acco^t to have been paid after y^e Date of this my Will shall be accounted as part of said Legacies.

   Item. I Give & bequeath unto my beloved Daughter Mehitable Kaight Ten pounds besides what She has already had to be paid in Specie by my Execu^r at money price within four Years after my Deces^e provided that, what shall appear to be paid after y^e Date of this my Will shall be accounted as part of said Legacie.

   Item. I Give & bequeath to my Daughter Elizabeth Libbey Ten shillings to be paid by my Execu^r.

   Item. I Give & bequeath unto my beloved Son Samuel Libbey all my Land where I now Dwell with y^e Houses buildings Orchards &c. thereon in Kittery and all other my Lands whatsoever or wheresoever with y^e Common Rights & all other my Estate Real & Personal to him y^e s^d Samuel Libbey his Heirs & assigns for ever.

   And Lastly I Nominate Constitute & appoint my said Son Samuel Sole Executor of this my last Will & Testament.

   In Testimony, whereof I have hereunto set my Hand & affixed my Seal y^e Day & Year first above written

Signed Sealed Published &    Declared by Mathew    Libbey to be his last Will &    Testament/ after ye words    their Heirs & assigns for ever    were Interlined.    In presence of Us.    Jos : Hammond    Jos : Hammond Jur    Geo : Hammond.

Matthew M Libbey (Seal)          his mark

   In the Name of God Amen I Matthew Libbey above named haueing a further Consideration of my Devises in this my Last Will & Testament. Do hereby make this Alteration in y^e Article therein relateing to what I have given to my Wife Elizabeth Viz^t That She have the whole of my Personal Estate within Doors of what sort soever; and the third part of my Personal Estate without Doors after my Just Debts & Funeral Charges are paid : all the other Articles I Do hereby Ratifie & Confirm this 28^th Day of February Anno Domini : 1740/41.

Signed sealed & pronounced    by ye Testator to be an    addition to his Will before    written In presence of Test. Jos : Hammond    Ephraim Libbey    James Fogg.		Mathew E Libbey (Seal)        his mark
Probated 11 March 1740. Inventory returned 11 July 1740, at £543: 6: 9, by Abraham Townsend, Batchelor Hussey and Humphrey Scammon, appraisers. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 431, citing Probate Office, 5, 221.