Maine Wills

 From York County Probate Records, Volume Seven (1721-49)

   In the Name of God Amen. The eighteenth Day of November Andoque Domini 1748. I Tobias Leighton of Kittery in the County of York being very Sick & weak but of Sound Mind do make & ordain this my last Will & Testament, In hope of Salvation through Iesus Christ; I Will that my Body Shall have a decent christian Burial, at the Discretion of my Executors; and that in convenient time my just Debts be paid out of my Estate; and for that purpose I order & hereby give Power to my Executors, Such as Shall be alive, and undertake the Executing of this my Will, to Sell that part of my Farm at Sturgeon Creek, between M^r Frosts Land & Cap^t Heards Land, on the North Side of the High Way, and Such other Goods & Chattels & Credits not otherwise disposed of in this my Will to and for y^e Payment of my Debts.

   Item. I give & devise to my Son Tobias Leighton all this my House & Land where I now live Buildings & appurten^ces Mill Priviledges & Marshes to be to him his Heirs & Assigns forever, to be possess'd of the Same at the Age of twenty one years or Sooner if his Mother Shall die or Marry before that time, reserving to my Wife the Use & Improvement of the Same for Such term, and for the Uses hereafter in this my Will mentioned.

   Item. I give & bequeath to my Said Son Tobias one Half of my Stock of Cattle & other Creatures.

   Item. My Will is that my Executors in Selling the Land I ordered to be Sold for the Payment of my Debts Shall Sell so much of the Same from the North End of the Farm extending Southward as Shall be Sufficient to pay what Debts remain unpaid after Such of my personal Estate as they Shall think reasonable to Sell & apply to that Use, that so if any of the Lands on the North Side of the Way remain it may be that part of y^e Same where the House Stands

   Item. I give & devise to my two Daughters Susannah & Sarah all that my Barn & Land & Marsh, on the South Side of the High Way at Sturgeon Creek in equal Halves, in Severalty to them and their Several Heirs & Assigns, in Fee Simple forever; reserving Such Estate in the Same for my Wife for Term as hereafter in this my Will Shall be mentioned.

   Item. I give and bequeath unto my well beloved Wife Sarah the Use & Improvement of all my Houses and Lands which I now live on and have in this my Will given to my Son Tobias for her own Support and the Support of my Said Son during her Widowhood or his Minority. And also the Lands I herein give to my two Daughters until She marry or until they respectively arrive to the age of Eighteen years or Marriage.

   Item. I give & bequeath to each of my Daughters a good Feather Bed & Furniture.

   Item. I give & bequeath unto my Daughter Susannah four Cows to be winter'd out they being her due out of my Stock for Cattle I formerly gave to her but now remaining with my Cattle.

   Item. I give & bequeath unto my Son Tobias my Negro Boy.

   Item. I give & bequeath all the rest of my moveable Goods and Estate not otherwise in this my Will disposed of to my Wife Sarah for her comfortable Support and the Support of my Children.

   Item Notwithstanding what is before mentioned about paying any part of my Debts of my personal Estate my Executors may apply the Money due to me from my Brother Peter Staple for that purpose, and pay the Remainder by the Sales of my House & Land on the North Side of the Road before mentioned or by the Sale of so much as will do it.

   Item. I appoint my Wife Sarah to be Sole Executrix, and my Friend Noah Emery Executor of this my last Will & Testament.

   Item. My Wife Shall have the Improvement of the Stock of Cattle and other Creatures herein given to my Son Tobias for So long time as She Shall have the Care of & Support my Children She making Good the principal Stock to him when he comes of Age or when She marries again.

   Item. I give & bequeath to my Wife Ten Acres of my Land at Sturgeon Creek where the House is if So much Shall remain unsold, and if there is not enough on that Side of the Road, then So much on the other Side as Shall make up Ten Acres To Hold for the Term of her Life.

   Item. My Will is that my Executors or Such of them as Shall Act in executing this my Will Shall Sell all my out Lands and Real Estate not here in particularly mentioned for the Payment of my Debts and defreying other Charges that so as much as may be of my Lands of Sturgeon Creek Farm may be Saved for my Children. In Witness that this is my last Will & Testament, revoking all others in any Manner by me before made by Word or Writing, I hereunto Set my Hand & Seal the Day & Year first aboue written.

Signed Sealed pronounced & declared    by the Said Tobias Leighton to be    his last Will & Testament, in    presence of Iohn Rogers Humphrey    Chadbourn Edmd Coffin Iames Fer-    guson jr.		Tobias Leigon (a Seal)
Probated 26 Dec. 1748. Two Inventories returned, 3 April 1749, and 6 Nov. 1749, together amounting to £10,398: 4: 9, old tenor, by John Shapleigh, Samuel Fernald and Joshua Staple, appraisers. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 589, citing Probate Office, 7, 215.