Maine GenealogyThe Will of Eliakim Wardwell
From York County Probate Records, Volume Eight (1705-53)
In the Name of God Amen. On the Seventh Day of March in the twentythird Year of His Majts Reign Annoque Domini one Thousand Seven Hundred & forty nine. I Eliakim Wardwell of york in the County of york & Province of the Massachusts Bay in New England, being weak in Body but of a Sound Mind and Memory, Thanks be to God, and calling unto Mind ye Mortality of my Body, and knowing that it is appointed for all men once to die, do make & ordain this my last Will & Testamt
That is to say, principally and first of all, I give & 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 hereafter named in hopes of a glorious Resurrection; And as touching such worldly Estate wherewith it hath pleased God to bless me in this Life, And to prevent Trouble & Disputes among such of my Children as may Survive me concerning the Same; I give demise & dispose of it in Manner & form following.
Impr. My Will is that my just Debts & funeral Charges Shall be paid out of my personal Estate, and all ye Rest & remaining part thereof I give & bequeath to my loving Wife Ruth Wardwell by her to be disposed of to & among my Daughters or Such of them as She pleases, and in Such Manner time & Proportion as She Shall think fit.
Item. It give to my Said Wife the Use & Improvemt of all my real Estate as Houses Buildings Lands Marshes or Meadows scituate in York aforesd or else where by such Name or Names Number of Acres Quantities Qualities Terms & Discriptions as the Same is or May be called for & until the time of my youngest Son Daniel's arrival to the age of twenty one Years, or in Case he Should die before that time then until that time in Case he lived. And from that time my Will is that my Said Wife Shall have the Use & Improvemt of but one third part of my real Estate aforesd and that during her natural Life.
Item. I give and bequeath to my three Sons Ioseph Ieremiah and Daniel all my aforesd real Estate, and every part thereof to be equally divided among them at the Several times of my Wife's Term of improving the Same being ended as aforesd and if one or more of my Said Sons should die before those Sevl times then & in that Case my Will is, that Such Decd one's part or the part intended him as above, Shall descend & become the Inheritance of his Heir or Heirs lawfully begotten of his Body, if otherways then to my other Sons & yr Heirs, provided nevertheless and my Will is that my aforesd Sons or their Heirs as aforesd Shall in equal proportion severally pay out the Legacys hereafter ordd to my Daughters, otherways Such Son or his Heirs as neglect or refuse to pay their part of ye Said Legacys by the time limited there Shall be an equivalent in Land set off out of his part by three indiffert men to be chose by ye parties concern'd for ye purpose.
Item. I give to my five Daughters namely Mary Abigail Meribah Lydia & Hephzibah Sixty pounds in Bills of Credit of the old Tenor equal to fifteen pounds of the new, to be paid them by their Brothers or their Heirs as aforesd at the time of my Sons coming into possession of the real Estate aforesd & in the proportion following. Vizt. to Mary my eldest Daughter (She having receiv'd Something of me before) Four pounds old Tenor, and to the rest of my Daughters Abigail Meribah Lydia and Hephzibah the remaining Fifty six pounds old Tenr to be equally divided among them, and in Want of those Legacys being paid by their Brothers or their Heirs as aforesd then so much of my real Estate as Shall be adjudged equivalt Shall be Set off in Lieu thereof as before provided, And my Will is that if either of my aforesd Daughters die before ye Legacy aforesd Shall become payable then & in that Case such one's Legacy or the Legacy intended her as aforesd Shall be paid to her Heirs lawfully begotten of her Body if any Such Should be then Surviving but if not to my other Daughters & their Heirs.
Finally. I do hereby appoint my aforesd Wife Ruth to be Sole Executx of this my last Will & Testament, and do utterly disannul all & every other Testaments Wills Legacys & Bequests and 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 first herein before written
| Signed Sealed published pronounced & declared by the Sd Eliakim Wardwell as his last Will & Tes- tamt in presence of us Saml Clarke Ioseph Stover jr Danl Clark |  | Eliakim Wardwell (Seal) |
| Probated 16 October 1753. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 721, citing Probate Office, 8, 272. | ||
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