Maine Wills

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

   In the Name of God Amen the twenty third Day of March in the year of the Incarnation of Christ one thousand seven hundred & forty two and in the sixteenth Year of the Reign of King George y^e second, I Joseph Hill of Wells in the County of York within y^e Province of the Massachusetts Bay in New England Esq^r being by the providence of God reduced to a Low state of health and Expecting that the time of my Departure is at hand Knowing that I must shortly Dye yet being at present of a sound Mind Do make and Ordain this my last Will & Testament resigning my Soul into the Mercifull hands of Christ my Redeemer hopeing for Salvation in and through him alone; as touching such worldly Estate as God hath been pleased to bless me with in this Life I Give Devise & Dispose of the same in the following manner, viz :

   Imprimis, My Will is that my Executors pay all my Just Debts and such Expence as shall be Necessary for a Decent Funeral at their Discretion out of my moveable or Personal Estate in Convenient time after my Decease but not to pay y^e same out of such of said moveables as shall be hereafter mentioned and given away to any as Legacies.

   Item, I Give and bequeath to Sarah my well beloved Wife all the Household Stuff and Every other thing She brought to me when I Married her (Except such things as are wasted in y^e useing) also one good Feather Bed and Furniture besides y^e Goods aforesaid such as She shall Choose of those that I have also my Negro Boy Tom—and one third part of all such of my Personal Estate that shall remain over & above what shall pay & satisfy all my Debts & other Charges & Legacies in this my Will given & to be given to others.

   Item, I Give & bequeath to my said Wife the Use & Improvement of one half part of my Homstead whereon I now Dwell Viz : Lands & Meadows which I bought of Joseph Boles with the half of y^e buildings & privilidges thereto belonging—her half y^e Dwelling House to be y^e Western End of the same as also half of my Saw Mill & priviledge at Merryland in Wells aforesaid and the service of my Negro Man named Sharper—and this Viz : the said half of said Houses Land Mills & service of said Negro Sharper to be for her use during her Widowhood.

   Item, I Give & bequeath to my well beloued Grand Daughter Hannah Hill the Daughter of my Son Nathaniel Hill one Feather Bed & Beding & also half a Dozn of silver Spoons.

   Item, I Give & Bequeath to my Grand Son Joseph Hill my Silver Tanker provided he live to full age but if he dont live to that age then to his next Brother in the same manner but if he Dyes before he Comes of age then to the next & to be under the Care of my Son Nathaniel Hill till some one of them shall be of full age—also one feather Bed & Beding to such of my Grandsons as shall first arrive to full age.

   Item, I Give and bequeath unto the Church of Christ in Wells whereof I am a Member ten pounds old tenor.

   Item, I Give and Bequeath to y^e Reverend M^r Samuel Jefferds Pastor of the Church in Wells ten pounds old tenor.

   Item, I Give and Bequeath unto my Grand Daughter Abigail Haley y^e Daughter of my Son Joseph Hill Deces^d ten pounds old tenor & one Good Cow over & above what I have already given her—which shall be in full of all her Portion of my Estate.

   Item, I Give and Bequeath to my well beloved Nephew John Hill of Berwick Esq^r one Good Feather Bed & Suitable bedding belonging to it & to take his Choice next after my Wifes Choice of a Bedd—I also give to him the said John Hill my best Rideing Mare & y^e best Tackle viz. Sadle & Bridle—I also give him my best Loose Coat.

   Item, I Give & bequeath to my well beloued Nephew Elisha Hill of Berwick one Good feather Bed & sutable bedding belonging to it. I also Give to him my said Nephew Elisha Hill my blew Cloth Coat Jackit & Briches.

   Item, I Give and Bequeath unto my two aforementioned Nephews John Hill and Elisha Hill in Equall halves in fee simple all my Right title Interest & Estate that I have of in and unto all & any Lands lying in and adjoining to the Township of North Yarmouth in this County of York be the same more or Less, sometimes Called Gednys Claim.

   Item, I Give and Bequeath unto my well beloved Son Nathaniel Hill my Negro man named Plato and after y^e term is Ended which my Negro Sharper is to serve my Wife, my Will is that the said Negro shall be y^e servant of my said Son Nathaniel. I also Give to my said Son all y^e rest of my wearing Cloathes.

   Item, I Give and Bequeath unto my said Son Nathaniel Hill all my Goods and Chattells and other Personal Estate of what nature kind & Quality soever that shall remain after my Debts and Funeral Charges are paid and all y^e Legacies & bequests in this my Will are satisfied & other Charges that shall arise upon & Concerning y^e Executeing of this my Will are Defrayed I give the same to my s^d Son Nath^l Hill for ever.

   Item, Whereas I formerly have Given to my Son Nathaniell Hill a very Considerable Estate in Lands & Marsh in this Town of Wells whreon he now liues which Lands & Marsh I gave to him for Life & after his Decease to his two Sons namely Joseph & Nathaniel. and to the Intent that they the said Joseph & Nathaniel may Each of them have a Sufficient Inheritance in Severalty and that my Name may be perpetually remembred upon that Estate and also upon this Estate whereon I now Dwell my Will is and I Do hereby Give Devise & Dispose of my Lands Houses Marsh Meadows & Mills in y^e following manner, Viz:

   My Will is and I hereby Give Divise & bequeath unto my well beloved Grandson Joseph Hill the Son of my Son Nathaniel Hill all this my Dwelling House Lands & Marsh whereon I now Live which I bought of Joseph Boles with all my other Marsh in Wells & Lands Mills & meadows lying at Merryland in Wells aforesaid not heretofore Disposed of and all y^e Common Rights belonging to the same to him y^e said Joseph (Excepting y^e tenn herein before bequeathed to my Wife in y^e same) provided the said Joseph shall at y^e Age of Twenty one Years make and Execute a Good Conveyance of all his Right title & Interest of in and unto the Estate afore mentioned as Given to him after the Death of his Father—to his aforesaid Brother Nathaniel—but if my said Grandson Joseph shall not se Cause to Convey his Right in the other Estate aforesaid to his said Brother Nathaniel and accept of this as I herein give it then my Will is that the said Nathaniel my Grandson shall have & Enjoy this Estate Viz. my House Land Marsh & Meadows here with all my Lands Marsh & Mills at Merryland aforesaid & Common Rights aforesaid he makeing & Executeing a Good Conveyance of all his Right in y^e other Estate aforesaid unto his Brother Joseph aforesaid, but if boath y^e said Joseph & Nathaniel shall refuse to Convey Each or Either of them to the other as afores^d then my Will is that my Grandson Benjamin Hill shall haue the Estate herein Bequeathed as afores^d which the s^d Joseph & Nathaniel shall so refuse to have.

   And my Will is that my Estate whereon I now live with y^e Marshes aforesaid not heretofore Conveyed away together with my Mills Lands & Meadows at Merry Land and Common Rights aforesaid if my said Grandson Joseph shall accept the same in manner aforesaid it shall be to him my said Grandson Joseph & to his next Male Heir & so from Generation to Generation sucessively for ever. And if the same shall come to my said Grandson Nathaniel it shall Descend to his Male Heir Lawfully to be begotten & so sucessively from Generation to Generation for ever, and in the same manner if my Grandson Benjamin shall have the same in manner aforesaid the same shall Descend in manner aforesaid and in Case that there shall not be left any Male Issue of my Son Nathaniel Lawfully to be begotten or Descended from him to bear up my Sir name upon this my Estate my Will is that the same House Lands Marshes & Buildings whreon I now live with all my Marsh not Disposed of and all my Lands Mills Marshes & Meadows at Merryland, and all the Common Rights belonging to the same with all y^e Privilidges & appurtenances shall be to my two Nephews John Hill Esq^r & Elisha Hill in Equall halues to them and to their Heirs for ever. my meaning is that while my said Estate shall be to my said Grandsons or Either of them & their Male Heirs as afores^d it shall be kept whole & Intire to & for y^e Use of but one at a time which shall be Lawfully and Linealy Descended from some one of my aforesaid Grandsons a Male Bearing my Sirname always Excepting my Wifes term in my Real Estate as afore mentioned & from thence to remain intire as aforesaid.

   Item, my Will is that the Proffits or incomes of my Reall Estate (Excepting what I have herein given to my Wife) together with such moneys and Bonds for money as I have with the Interest thereof that is to say the income of my said Real Estate untill y^e same shall be determined for one or the other of my aforementioned Grandsons & moneys & Bonds for money aforesaid shall be Disposed of at y^e Discretion of my Executors from time to time & applyed to & for the Education & best advantaige of my said Grandsons Joseph, Nathaniel & Benjamin Excepting out of it so much as my Executors take to Defray their Necessary Charges in Executeing this my Will.

   Item, I Give and bequeath to my Son in Law William Sawyer one good Cow.

   Lastly, I hereby Nominate and appoint my well beloved Nephew John Hill Esq^r and my well beloved Son Nathaniel Hill & my well beloved Son in Law William Sawyer to be Executors of this my Will hereby utterly revokeing Disallowing all & every other & former Will or Wills Legacies & Bequests Testaments or Executors by me in any manner before made hereby Declareing this & no other to be my last Will & testament In Witness whereof I the said Joseph Hill hereunto Set my hand & Seal y^e Day & Year first above written. I the said Joseph Hill Esq^r before named Do hereby Give and Bequeath unto my well beloved Nephews Ebenezer Hill and Benjamin Hill (Sons of my Brother Ebenezer Hill) all that my half part of the Lands Meadows Mill privilidges & premises which I purchased of M^r Henry Gibbs & others in partnership with John Storer Esq^r lying at & near Cape Porpus River in Wells, also all that my half of y^e Lands & Marsh which I bought of M^r Gilman in Partnership with y^e said Storer lying in Wells by or adjoining on said Cape Porpus River I also give them a parcel of fresh Meadow Laid out to me by vertue of a Town Grant lying near Elwive Pond in Wells aforesaid to them y^e said Ebenezer & Benjamin my said Nephews in Equall Shares in fee.

   Note that some words were obliterated in y^e third Item of y^e first page & one in the last Item of y^e second page & some in the third page & y^e word (Grandson) Interlined in several places in y^e third page & some few other words before signing.

Signed Sealed published pronounced    & Declared by the said Joseph Hill    to be his last Will & Testament in    presence of    John Eldredge    Samuel Hatch Jur    Benjamin Credifor    Noah Emery		Joseph Hill (Seal)
Probated 19 July 1743. Inventory returned at £1222: 15: 10½, by Samll Wheelwright, Daniel Chaney and Noah Emery, appraisers, 17 Aug. 1743. Besides Debts and Bills due the estate aggregating £664: 11: 0, from Richd Kimbal, Samll Adams, Daniel Morrison, Samll Stuart and Abel Merrell. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 465, citing Probate Office, 6, 49.