Maine Wills

1640-1760

The Will of John Walker

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

   In the Name of God Amen the thirteenth Day of May Anno Domini one thousand seven Hundred forty & three I John Walker of Kittery in the County of York in the Province of the Massachusetts Bay in New-England Shipwright being very sick and weak in Body; but of perfect mind & memory thanks be given to 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 and Recommend my Soul into the hands of God that gave it; and my Body I Recommend to the Earth to be Buried in decent Christian Burial at the Discretion of my Executrix and as touching such worldly Estate wherewith it hath pleased God to bless me in this Life (after my Funeral Charges & Just Debts are paid) I give demise & Dispose of the same in the following manner & form.

   Imprimis, I give & bequeath to Mary Walker my dearly beloved Wife the Use Improvement, Incom & Profits of all my Estate both Real & Personal for her own comfortable Subsistance & maintainance during her natural Life & for the maintainance and bringing up of my Children that are not of a Lawfull Age untill they shall arive to that Age Excepting twenty Acres of my Land which I have at Arundell that I give to my Son Gideon Walker.

   2ly I give to my well-beloved Son Gideon Walker his Heirs & assigns for ever twenty Acres of my Land which I have at Arundell aforesaid lying by the Land of Samuel Perkins and to run the whole length of my Land & in breadth into my Land so far as will compleat twenty Acres holding the same breadth from one end to the other the said twenty acres to be laid out to him joining to ye said Samuel Perkins his Land.

   3ly I give to my well-beloved Children Gideon Walker John Walker, Elizabeth Walker & Mary Walker after the Decease of Mary my Wife all the Remainder of my Estate both Real & Personal whatsoever & in what place soever to be equally Divided between them upon a Just apprisal or valuation; only & be it always understood that my Sons Gideon Walker & John Walker shall inherit & possess all my Housing & Lands and if there should not be enough of Personal Estate to make my Daughters Portions or Shares equall in value to their Brothers upon a just apprisal then my aboue named Sons Gideon & John shall pay unto their Sisters Elizabeth & Mary so much as will make all their Shares or Portions equall.

   4ly And if it should so be that the income & proffits of my Estate should not be Sufficient for the comfortable maintainance of my Dearly beloved Wife Mary Walker and to bring up my Children untill they shall come to Lawfull age, She hath by these presents free leave & full Power to dispose or sell so much of the personal Estate as shall be sufficient for these Ends; any thing to be contrary mentioned in this my last Will & Testament notwithstanding.

   Finally I Constitute make & Ordain my Dearly beloved Wife Mary Walker my Sole Executrix of this my last Will & Testament : And I Do hereby utterly disallow Revoke & Disannul all & every 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 whereof I have hereunto Set my Hand & Seal the Day & Year above written.

Signed Sealed Published Pronounced
   & Declared by the said John
   Walker as his last Will & Testament
   (after the words of my Land & be were
   interlined in the presence of us the
   Subscribers.
   Roger Mitchell
   Wm Walker
   Thomas Fernald
   John Newmarch.
John Walker (Seal)
   Probated 19 July 1743. Inventory returned at £1358: 12: 6, by Roger Mitchell, Sam Lunt and Wm Dearing, in Kittery, and at £305: 18: 0, in Arundel by Phillip Dorrel, John Whitten and John Mitchell, appraisers, 28 Sept. 1743.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 463, citing Probate Office, 6, 44.

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