Maine Wills

1640-1760

The Will of James Sands

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 From York County Probate Records, Volume Six (1736-46)

   In the Name of God, Amen. This Eighth Day of Ianuary One Thousand Seven Hundred Forty four Five, I Iames Sands of Biddeford in the County of York within His Majesty's Province of the Massachusetts Bay in New England Cordwainer being Sick and Weak in Body but of perfect Mind and Memory Thanks be given to God; Therefore Calling to Mind the Mortality of my Body and knowing that all men must die do make and ordain this my last Will and Testament, that is to Say, principally and in the first place I give and recommend my Soul into the Hands of God that gave it, and my Body I recommend to the Earth to be buried in Christian Burial at the Discretion of my Executors; 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. And in Respect to my dearly beloved Wife Emm Sands I give to her the Improvement of the One Third part of my Estate during her natural Life and at her Decease the Household Stuff and in Door Moveables to be equally divided amongst all our Children. And to my Eldest Son Iames Sands I give and bequeath all my Eastermost Lot of Land—Provided he the Said James Sands doth pay unto my youngest Daughter Patience Sands the full Sum of Sixty pounds Money old Tenour when She is Eighteen Years old which is the Portion which I give and bequeath unto her besides what She hath already receiv'd But if the foresaid Iames Sands Shall refuse or neglect to pay the Sixty pounds old Tenour then I give & bequeath unto her my Daughter Patience so much of the foresaid Eastermost Lot of Land as Shall be in Value to Sixty pounds old Tenour which Land aforesaid Shall be prized by two good & lawful men being Sworn to prize the foresaid Land. And as for my Son Thomas Sands and Ephraim Sands, whom I do make and Constitute my Executors, I give and bequeath unto them in equal Halves all the Remainder of my Estate both Real and personal, except Sixty pounds old Tenor which I give to my Daughters Hannah Carter wife to John Carter more than She hath receiv'd and Sixty pounds old Tenor to my Daughter Mary Stimson Wife to Ephraim Stimson more than what She hath received And Sixty pounds old Tenor to my Daughter Ruth Sands besides what She hath received, in all the Three Sums make One Hundred and Eighty pounds old Tenor which I do oblige Thomas Sands and Ephraim Sands my Executors to pay to my three Eldest Daughters Hannah Mary Ruth above mentioned, The Two eldest Daughters Hannah and Mary Shall be paid at the End of the first year after my Decease, and Ruth Shall be paid when She is Eighteen Years old. And I do oblige my Executors to pay all my just and lawful Debts And I do likewise give unto my Executors all my just and lawful Debts, and if any of my Children either Son or Daughter Shall have any Accompt of Debt or Demand on me or on my Estate I do deny any Such Accompts and if any there be they that Shall have any Such Accompts it Shall be in full Satisfaction to them the part of my Estate which I have already Set off for their Portion & no otherwise. And inasmuch as I have made and ordained Thomas Sands and Ephraim Sands my Executors of this my last Will and Testament of all my Homestead of Lands and Marshes and House and Barn and out Door Moveables in equal Halves to divide the Same within the Space of one full year next after my Decease by them freely to possess and enjoy And I do hereby utterly disallow revoake and disannul any other or former Testaments Wills Legacies bequests & Executors by me in any Ways before named willed and bequeathed Ratifying and confirming this and no other to be my last Will and Testament In Witness whereof I have hereunto Set my Hand and Seal this Eighth Day of Ianury Anno Domini One Thousand Seven Hundred forty four, five and in the Eighteenth Year of Our Sovereign Lord George the Second of Great Britain France and Ireland King &c.

Signed Sealed published pro-
   nounced and declared by the
   abovesd James Sands as his
   last Will & Testamt In pres-
   ence of us the Subscribers
   John Gray
   Ezekiel Decoster
   Iohn Davis

Iames Sands (a Seal)

York ss. Biddeford March,
   13, 1744. Iames Sands
   appearing acknowledged
   this Instrumt or Will on
   the other Side to be his
   free & Voluntary Act &
   Deed.
   Cor. John Gray Iuss pacs

   Probated 16 April 1745. Inventory returned at £1016: 5: 0, by John Davis, Robert Patterson, and Abraham Townsend, appraisers, 10 July 1745.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 493, citing Probate Office, 6, 142.

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