Maine Wills

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

   In the Name of God Amen, I John Sayward of York in the County of York Gen^t being at this time under weakness of Body but of perfect mind memory & understanding for which praised be almighty God and considering the certainty of Death & y^e uncertainty of the time of the time when Do in the fear of God whose I am & whom I endeavour to serve make this my Last Will & Testament. And principally & first of all I resign my Soul unto my Redeemer the Lord Jesus Christ who I trust has redeemed it by his Blood & in & through whom alone & his glorious merit & Redemption I humbly hope for Eternal happiness & Salvation. And my Bod I Committ to the Earth to be buried in a Christian like Grave & Decent manner at the Discretion of my Executors hereafter Named nothing doubting but at the general Resurrection I shall receive the same again by the mighty Power of God & in hope of a joyfull Resurrection to everlasting felicity & happiness. and as for such Worldly Estate as God in his infinite mercy has bestowed upon me in this Life I give bequeathe & dispose of the same in the following manner.

   Imprimis, I Do Will that all my Debts & Funeral Expences shall be Justly paid.

   Item, I Do give and bequeath to Mary my Dearly beloved Wife the Use and improvement of the one half of my Homestead includeing Buildings Tillage Orchard mowing Salt & fresh with the fenceing now upon it and the one half of y^e Liveing Stock of Cattle & Sheep, the one half also of a piece of Pasturing Land adjoyning on the South Westerly upon upon Land belonging to Joseph Plaisted Esq^r on y^e North West on Cap^t Cames Land on y^e North East on Abel Moultons Land & on y^e South East on a Road leading into y^e Woods. also a third part of a Wood Lott for Cutting of y^e wood or for feeding bounded as follows begining about three Rods North East from Joseph Moultons at an Oak stump and runing West north West according to the return about one hundred & thirty Poles containing about twenty Acres as may appear by y^e Original Grant. also about one third part of a Tract of Pasture Land adjoyning partly on John Banes Land & partly on the Widow Prebles Land on the South West side begining at the Southern Corner a few Rods from Ellwife Brook so called & runing about fourteen Rods as y^e Road goes, from thence on a straight Course about half a Rood to the Northern side of a Spring in a Valley or Brook known by the Name of Teagles Brook continueing said Course about two Rods further then near about a square over to the upland then Bounded by the edge of the upland down to the Mouth of the Brook then to shute of to the Main Creek & Bounded by y^e Creek to the said Prebles Land or opposite against it. The Western end of my Dwelling House Lower Room Chamber & Garret half the Kitchen & y^e innermost part of the Cellar so long as She shall Remain my Widow. moreover I Do give & bequeath to the s^d Mary my Wife the Sole property of one half my Books two Beds with their furniture y^e bigest Brass Kittle a warming Pan a Case of Drawers an Ovel Table half y^e Pewter & Household furniture. also a Horse & Chair & furniture for y^e Chair I Do also give & bequeath to Mary my beloved Wife the use & Improvement of a third part of a Saw Mill also the use & benefit of Half my Husbandry Tackling & furniture so long as She shall Remain my Widow.

   Item, I Do give & bequeath to my well beloved Son John the Remainder of the afores^d Tract of Land Joyning upon John Banes Land & y^e Widow Prebles Land & bounded by the Fence & the strait Line with all y^e Marsh & Thatch Beds thereto adjoyning and the whole of it I Do Will to him at the Death of my well beloved Wife or at her Marriage as also a piece of upland containing about 20 Acres & a Piece of fresh Marsh & Swamp Land thereto adjoyning containing nine or ten Acres lying near Cape Natick Pond I Do also give & bequeath to him the s^d John my Son a parcle of Land containing about 30 Acres with a piece of Meadow Adjoyning containing about five Acres & half lying in the Crotch of Josias's River so called laid out with the Grant of Cap^t Jonathan Bane as appears by a Return on Record also a Piece of Land Containing about 60 or 70 Acres lying near George Jacobs Mill as appears by the Returns with half my Common Rights by him freely to be possessed & Enjoyed he paying such Legacies as shall be hereafter Named and none of the afores^d Articles to be Disposed of till the Legacies be well and truly paid.

   Item I Do Give & bequeath to my well beloved Son Ebenezer the other half my Homestead includeing Buildings Tillage Orchard mowing Salt & fresh with the fenceing also the other half of y^e afores^d Pasture Joyneing upon Cap^t Cames Land & the two thirds of the afores^d Wood Lot with a Grant of ten Acres that is yet to be Laid out near s^d wood Lott also two thirds of the Saw Mills & & Iron work & furniture with y^e privilidge of y^e Stream & Timber belonging to s^d Privildge also the other half of y^e Living Stock of Cattle & Sheep he running y^e Hazzard of all Casualties with Respect to his half and y^e whole of Each of these s^d articles the Homestead Pasture wood Lot &c I Do Will & bequeath to my Son Ebenezer after the Death or Marriage of my well beloved Wife. I Do also give & bequeath to y^e s^d Ebenezer the other half of my Husbandry Tackling & Furniture and Will the whole of it to him after y^e Death or Marriage of my s^d Wife I Do also give him the one half all my Common Rights he paying such Legacies as shall hereafter be Named & none of y^e afores^d Articles to be Disposed of till y^e Legacies be well & truly paid.

   Item, I Do Will that my s^d Son John shall pay to my well beloved Son James when he is at the full age of twenty one Years the sum of one Hundred pounds old tenor & at y^e end of one Year after fifty pounds more old tenor & at y^e end of two Years after he is of age fifty pounds more old tenor to paid in Money or Land as they shall agree.

   Item, I Do Will that my Son Ebenezer afores^d shall when he comes to the Age of twenty one Years pay to Esther my well beloved Daughter the sum of ten pounds old tenor Yearly till it amount to seventy pounds old tenor. And I Do Will that he shall pay to Hannah my well beloved Daughter, when he comes of age the sum of ten pounds old tenor Yearly till it amount to sixty pounds old tenor & that he Do pay to my well beloved Daughter Marah ten pounds old tenor till it amount to fifty pounds old tenor.

   I Do likewise Will that a piece of Marsh begining at y^e Bridge over the over the New Mill Creek & bounded on James Grants Land includeing all the Marsh Thatch Beds & Coves be for the use & benefit of my three Daughters Equally to be Divided untill my Son Ebenezer comes of age they leaveing as good a Fence upon it as at this present & I Do Will that if my Son Ebenezer come to be of the Age of 21 Years then the upper part from a small Creek that empties into the Main Creek & upward to fall to fall to my s^d Son John & the Lower part to my Son Ebenezer and all the Marsh on the opposite side of the Creek I Do Will to my Son John.

   Item, I Do Will that if Either of my Sons should Die without Lawfull Issue then his part & Portion by this Will bequeathed to him be Divided amongst the surviveing Children a Double Portion to the Son or Sons & a single Portion to the Daughters.

   Item, I Do Will that all my wearing apparill be Disposed among my three Sons as my Wife shall se fit.

   Item I Do Will that the Bond against James Grant be Divided amongst my Eldest Son & three Daughters the Son haveing a Double Portion the Daughters Each a single one & to be prosecuted as they think fitt. and upon y^e Reception of y^e Bond my Son John to give up a promisary note to my Wife of fifteen pounds old tenor.

   Item, I Do Will & bequeath the Sole Property of y^e one half of my Living Stock of Cattle & Sheep notwithstanding what is fore mentioned with Respect to the Use & Improvement of them heretofore to Mary my well beloved Wife.

   Item, Whatsoever moneys Debts or Quick Stock or whatsoever Estate within Doors or without to me belonging & not herein mentioned I give & bequeath to my well beloved Wife Mary to dispose of as She shall think fit. And I Do hereby Constitute appoint & Ordain my well beloved Wife Mary Sayward & my trusty Frind John Bradbury to be Executors of this my last Will & Testament and I Do hereby utterly Revoak & Disannull all & every other Wills & Testaments Legacies bequests & Executors by me in any way before this time named Willed or bequeathed Ratifying & Confirming this & no other to be my last Will & Testament. In Witness whereof I have hereunto Set my hand & Seal this Eighth Day of February 1742.

Signed Sealed Published Pronounced    & Declared by ye sd John Sayward    as his last Will & Testament in ye    presence of us the Subscribers.    Thos Bragdon    Paul Nowell    Samll Chandler.		John Sayward (Seal)
Probated 31 March 1743. Inventory returned at £865: 3: 0, by Benja Stone, Abiel Goodwin and Thos. Bragdon, appraisers, 16 April 1743. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 473, citing Probate Office, 6, 60.