Maine Wills

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

   In The Name of God Amen, The tenth Day of July Anno Domini one thousand seven Hundred & thirty seven, I Richard Rogers of Kittery in the County of Yorke in the Province of the Massachusets Bay in New-England Husbandman, being infirm 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 gaue it and my Body I Recommend to the Earth to be buried in decent Christian Burial at y^e Discretion of my Executrix. And 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 the following manner & form.

   Imprimis I give & bequeath to Eleoner my dearly beloved Wife the Use & Improvement Income & Proffits of one third part of all my Lands of every kind & of my Dwelling House & Barn & other Houses & Buildings of every sort during her Widowhood; And also all my Stock of Cattle & Creatures of every kind that shall be remaining after my Funeral Charges & Just Debts are paid during her natural Life; I also give to her all my Houshold Goods Debts & other moveable Effects whatsoever & wheresoever during her natural Life, Provided & on Condition that she doth Renounce & Quit all Claim to her Right of Dowry or Power of Thirds of in & unto my Estate : And if it should so be that what I have herein given her the Use & Income of be not sufficient for her comfortable Maintainance She hath by These Presents Liberty (by & with the advice & approbation of the Overseers of this my last Will & Testament) To sell & dispose of so much of my Stock of Creatures & moveable Goods as shall be needful for her Support & Comfortable Maintainance during her Widowhood.

   Item. I give unto my well beloved Son Thomas Rogers his Heirs & assigns for ever my Dwelling-house Out-Houses & Barns & my Homestead with all my Land belonging thereunto and also the Land that I bought of Samuel Spinney joining to Francis Pettegrews Land; and the Land that I purchased of M^r William Godsoe lying near to York Line, and also all the Right & Interest that I have or may or ought to have as a Proprietor in Kittery in the Comon & undivided Lands in the Townships Kittery & Berwick, and also ten Acres of Marsh or Meadow Land which I have in the Township of Scarborough; to be immediately possest of two Third parts thereof after my Decease on Condition that he pay unto his Sisters Esther Pickernale, Dorothy Rogers & Lydia Rogers, the several sums hereafter mentioned in these Presents; The other third part thereof to be possest of after y^e ending of his Mothers Widowhood. I also give to him all my Husbandry Tools or Implements Excepting only what my said Wife shall have occasion to make use of during her Widowhood.

   Item. I give unto my wellbeloved Son Richard Rogers his Heirs & assigns for ever all my Land that I have in the Township of York Containing Eighty Acres be it more or less on Condition that he pay to his Sisters Sarah & Dorothy Rogers, the sums in these presents hereafter mentioned.

   Item. I give unto my wellbeloved Daughter Sarah Rogers Fifty pounds in Currant Money or in Bills of Credit of this Province, to be paid to her by my Son Richard Rogers or to such as shall legally represent her within y^e space of one Year next ensuing my Decease.

   Item. I give unto my well beloved Daughter Mary Gookin (besides what I have already given her) Five Shillings in Currant money or Bills of Credit of this Province; to be paid to her by my Son Thomas Rogers within y^e space of one Year next ensuing my Decease, And I Do by these Presents Confirm unto my Son in Law Patrick Gookin & Mary his my aboves^d Daughter & to their Heirs Lawfully begotten by their Bodys the Land which I have heretofore given them as by one Deed or Instrument in wrighting under my hand & Seal may appear.

   Item. I give unto my wellbeloved Daughter Esther Pickernale (besides what I have already given her) Fourty pounds in Currant Money of this Province or Bills of Credit on this Province, To be paid to her or to such as shall Legally represent her, by my Son Thomas Rogers within the space of two years next ensuing my Decease.

   Item. I give unto my wellbeloved Daughter Dorothy Rogers Fifty Pounds in Currant money or in good Bills of Credit of this Province to be paid to her or to such as shall Legally represent her, if it should so happen that She should depart this Life before the s^d sum be paid (that is to say) Thirty Pounds thereof to be paid by my Son Thomas Rogers & Twenty Pounds thereof to be paid by my Son Richard their Heirs Exec^rs or Adminis^rs within the space of two years next ensuing my Decease.

   Item. I give unto my wellbeloved Daughter Lydia Rogers Fifty Pounds in Currant Money or in good Bills of Credit of this Province to be paid to her (or such as legally represent her if it should happen that She should depart this Life before the said sum be paid) by my Son Thomas Rogers his Heirs Exec^rs or Adminisrs within y^e space of three years next ensuing my Decease.

   Item. It is my Will & Order that my said son Thomas & Richard Rogers's their Heirs &c. do hale home for their Mother in Convenient Seasons from any of my Lands where She shall get it Cutt what fire wood She shall have occasion to burn during her Widowhood; Viz^t Thomas Rogers his Heirs &c to hale two third parts thereof & Richard Rogers his Heirs &c the other third part thereof.

   Item. If my now Wife Eleoner should Marry after my Decease it is my Will that then my three Daughters Sarah, Dorothy & Lydia Rogers's shall have the liberty & Use of one fire-Room in my Dwelling-house & such other conveniences in & about the said House as shall be judged necessary for them by the overseers of this my Last Will & Testament during the time they shall live in an unmarried State & no longer.

   Item. I give unto my well beloved Daughters Sarah Rogers Mary Gooking Esther Pickernale Dorothy Rogers & Lydia Rogers (after the Decease of my Wife) all my Houshold Goods of every sort to be Equally Divided between them or such as shall Legally represent them.

   Item. I give unto my well beloved Sons Thomas & Richard Rogers's (after y^e Decease of their Mother & her Funeral Charges are paid, which shall be paid out of my Stock of Cattle) all y^e Remainder of my Cattle & other Creatures to be Divided between them or such as shall represent them as followeth Viz^t my Son Thomas to have two third parts & my Son Richard Rogers to have one third part of them.

   I also give unto my Son Thomas Rogers his Heirs Exec^rs Adm^rs or assigns all my Husbandry Tools or utensils that shall be remaining after the ending of my Wifes Widowhood.

   Item. I Do by these Presents Nominate appoint & Desire my my much Respected Friends M^rs Joseph Gunnison & Thomas Cutt to be Overseers of this my last Will & Testament to whom I Do hereby Order that they be paid for their time & Trouble out of my Personal Estate.

   Finally I Constitute make & Ordain my Dearly beloved Wife Eleoner Reogers my Sole Executrix of this my last Will & Testament giving & bequeathing unto her all & singular my Estate of every kind in what place soever not heretofore or in these presents abovementioned by me disposed of freely to be possessed & Enjoyed by her during her natural Life; and it is my Will & Order that She asks the advice and assistance of the above named Overseers in all matters Relateing to her Executorship & that She Observe & Comply with, their Council & Direction therein. And I do hereby utterly disallow revoke & disannul all & every other former Testaments Wills Legacies Bequests & Executors by me in any ways before named, Willed & bequeathed Ratifying & Confirming this & no other to be my last Will & Testament. In Witness wh^rof I have hereunto set my Hand & seal the Day & year abovewritten.

Signed Sealed Published    Pronounced & Declared    by the said Richard Rogers    as his last Will & Testa-    ment in the Presence of    Us the Subscribers.    John Newmarch    John Walker    John Pearce    Joseph Foy.		memorandum that what is blot-    ted out in ye thirty sixth &    thirty seventh lines in ye sec-    ond Page was before signing    hereof & also the word Sisters    in the said page was interl-    ined before signing. Richard R Rogers (seal)       his mark
Probated 15 July 1740. Inventory returned 16 Sept. 1740, at £1339: 4: 9, by John Walker' Ebenezer Fernald and John Godsoe, appraisers. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 417, citing Probate Office, 5, 188.