Maine Wills

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

   In the Name of God Amen/ the Eighteenth day of September Anno Domini one thousand Seven Hundred & thirty four, I Robert Cutt of Kittery in the County of York in the Province of the Massachusetts Bay in New England Shipwright being Aged & weak 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 & 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 the Discretion of my Executrix hereafter Named, nothing doubting but at the Generall Resurrection I shall receive the same again by the Mighty Power of God/ And as touching such Worldly Estate wherewith it hath pleased God to bless me in this Life I give, demise and dispose of the same in the following manner and form,

   Imprimis I give unto my dearly beloved Wife Dorcas Cutt the Use and Improvement of all my Right title & Interest which I have or ought to have in & unto the Estate that was my Uncle John Hoels formerly of Kittery aboves^d Deceas^d, & also all my Stock of Cattle & other Creatures of every kind, & all my Houshold Goods Debts & Moveable Effects whatsoever & in what place soever for Her Support & Comfortable maintainance During her natural Life & if that should not be sufficient to maintain her then I doe by these Presents give her full power & Authority to Alienate sell & Dispose of so much thereof as shall be sufficient for her Comfortable Support & Maintainance & what shall be remaining thereof at her Decease shall be divided amongst our Children Mary Whipple, Katharine Moffat, Mehitabel Odyorne & Elizabeth Whipple, as she in her Wisdom shall see meet to order & appoint. And also the one third part of the Income or Profits of all my Houses & Lands during the time of Her Widowhood.

   Item I give & bequeath to my well-beloved Daughter Mary Whipple besides what I have heretofore given Her my Land or Farm in Kittery, Scituate & being at the Place called & known by the Name of Crooked Lane together with the Dwelling house & all other Buildings upon the said Land of whatsoever Denomination And also the Pasture that was formerly my Brother Scrivens lying by Thomas Cutt's Mill-Pond; And also my Land lying on the Eastern side of Spruce Creek in Kittery Containing about forty Acres Bounded by M^r Gunnison's Land on the North West & by my Brother John Mores Land on the South East : And also one fourth Part of the Land that I have had laid out to me in the township of Berwick & shall or may hereafter have laid out to me either in Berwick or Kittery by vertue of Town Grants from Kittery or Berwick/ And also one fourth Part of the Right Share & Interest which I have belonging to me as A Proprietor in Kittery in the Common & undivided Lands in the townships of Kittery & Berwick freely to be Possessed & Enjoyed by her, her Heirs & Assigns for ever. Excepting & Reserveing what I have in these presents given to my wife Dorcas Cutt during her widowhood.

   Item I give & Bequeath to my well beloved Daughters Katharine Moffat, & Mehitabel Odyorne to them their Heirs & Assigns for euer besides what I have heretofore given them my Land or Farm in y^e township of Kittery which I purchased of Charles ffrost formerly of Boston Deces^d & his Sisters, Called & known by the Name of the Long Marsh Farm, together with Dwelling house & out houses on the said Farm & my Part of the Mill stream & Mill belonging to the said Farm. And also the Land & Orchard that was formerly my Brother Scrivens called the old-house Place lying on the Western side of y^e River called Spruce Creek Bounded by Morgrage's & Dimond Sergant's Lands on the Northwest & on other Parts principally by the aboues^d Creek. And also the Moiety or one half part of the Land that I have had Laid out to me in the Township of Berwick, & shall or may hereafter have laid out to me either in Berwick or Kittery by vertue of Town Grants from Kittery or Berwick. And also the Moiety or one half part of all the Right, title, Interest & Property which I have & ought to have as A Proprietor in the Common and Undivided Lands in y^e townships of Kittery & Berwick; the whole of what is above given to my two Daughters Katharine & Mehitabel their heirs & assigns to be divided between them in Equal Parts, Portions, or Shares or to such as shall Legally represent them if it should happen that they or either of them should depart this Life before A Division be made Excepting & reserving what I have in these Presents given to my Wife Dorcas Cutt During her Widowhood.

   Item I Give & Bequeath to my well-beloved Daughter Eliza^th Whipple to her, her Heirs & Assigns for ever besides what I have already given her all My Land called by the Name of Tong's Farm and what other Lands I have Joining thereunto that was laid out to me by vertue of town Grants from the Inhabitants of Kittery together with the buildings that are thereon. And also my part portion, or share of Sixty Acres of Land lying in the township of Kittery that was Nicholas Frost's of Kittery formerly Deces^d. And also one fourth part of the Land that I have had laid out to me in the township of Berwick or shall or may hereafter have laid out to me either in Berwick or Kittery by vertue of town Grants from Kittery or Berwick. And also one fourth Part of all the Right title Interest Property & Claim which I now have or hereafter may have as A Proprietor in Kittery in the Common & Undivided Lands in the townships of Kittery & Berwick freely to be Possessed & Enjoyed by her, her Heirs & Assigns for ever Excepting & reserveing what I haue in these presents given to my beloved Wife Dorcas Cutt during the time of her Widowhood :

   Item. I do by these Presents Constitute, make & Ordain my dearly beloved Wife Dorcas Cutt my Sole Executrix of this my Last Will & testament. And I do hereby utterly Disallow Revoke & disanull all and every former Testaments, Wills, Legacies and Bequests & Executors by me in any ways before named Willed & Bequeathed, Ratifying & Conferming 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.

   memorandum y^t y^e words Represent & out were interlined before Signing & Sealing hereof

Signed Sealed Published    Pronounced & Declared by    the said Robert Cutt as his    last Will & testament in    the presence of Us the    Subscribers.    John Newmarch    Thomas Cutt    Samuell Newmarch    Susanna X Newmarch             her mark		R C Robert Cutt (Seal)
Probated 21 Oct. 1735. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 360, citing Probate Office, 5, 6.