Maine Wills

 From York County Probate Records, Volume Eight (1705-53)

   In the Name of God Amen. The fifteenth Day of Ianuary in the Thirteenth year of the Reign of King George y^e Second Annoque Domini One Thousand Seven Hundred & thirty nine I Iohn Heard of Kittery in the County of York within the Province of the Massachusetts Bay in New England Gentⁿ being aged & weak but of perfect Mind & Memory & expecting the time of my Death is near. Do make & ordain this my last Will & Testament. Recommending my Soul into y^e Hands of Christ my Redeemer in & thr^o whom alone I hope for eternal Salvation, And my Body to a decent Christian Burial at the Discretion of my Executor hereafter named; And as touching such worldly Estate wherewith it hath pleased God to bless me in this Life I give & bequeath the Same in the following Manner & Form Viz^t

   Imp^r. It is my Will that all my just Debts & funer^l Charges and all Dues & Demands that are lawful against me Shall be first paid & Discharged by my Executor out of my Estate real or personal or both as my Executor Shall find most necessary & convenient as also all the Charges & Expences which my Execut^r Shall be at in executing of this my Will.

   Item It is my Will that my Farm whereon I now live at Sturgeon Creek, that is to Say so much of it as was the Farm of my Grandfather Iohn Heard Dec^d and given by him to me in & by his last Will & Testament, Shall be divided according to the true Value for quantity & Quallity to & amongst all my Children and the Representatives of those that are dead as follows Viz^t The two Children of my Son Iames Heard Dec^d namely Sarah & Phebe to have a double Portion betwixt them, so as to make each of them equal to each of my Daughters namely Dorcas Tucker, Shuah Bartlet, Phebe Stevens, Mary Barter, and Abigail Hubbard and to each of them the Said Dorcas, Phebe, Shuah Mary & Abigail and to the Children & Representatives of my Daughter Iane Coffin Dec^d equal Portions, that is to Say, the S^d Children & Represent^ves of my Daughter Iane Dec^d to have so much as to make all but one portion, equal to their afores^d Aunt's single portions. Always provided that those of my Sons in Law who have built or made any Improvemts (by my Leave) on any part of the Said Farm, Shall have the Same (if they choose it) reckoned only as so much Land in part of their Wife's Shares, saving to themselves their Buildings & Improvements.

   Item. I give & bequeath unto my well beloved Daughter Shuah Bartlett my Silver Tanker She paying unto each of her Sisters namely Dorcas Phebe Mary & Abigail one fifth part of y^e Value thereof.

   Item. I give & bequeath unto my well beloved Grandson John Heard Bartlet Fifty pounds to be paid to him (without Interest) by my Executor when he Shall arrive to the age of twenty one Years or Sooner if my Executor Shall See meet.

   Item. I give & bequeath unto my well beloved Grandson Iohn Heard Hubbard Thirty pounds to be paid to him (without Interest) by my Executor when he Shall arrive to the Age of twenty one years or Sooner if my Executor Shall see meet.

   Item. I give & bequeath unto my well beloved Son in Law Nathan Bartlet & his Heirs forever that parcel of Land on the South Side of the Highway where his Barn now stands to the Quantity of one Acre for convenient Yards to & about the Said Barn. (it being Lands w^ch I bought).

   Item. I do hereby nominate & appoint my well beloved Son in Law Nathan Bartlet to be the Sole Executor of this my last Will & Testament. And my Will is and I do hereby impower order & appoint my Said Executor to sell all my Estate Right Title & Interest of in & unto all & every part and parcel of the common & undivided Lands in Kittery & Berwick, as it is stated proportioned & divided or as it may be stated proportioned or divided and Fifty Acres of Lands of mine in Berwick near little River, And all other my Estate real & personal whatsoever and wheresoever it is or may be found in the best Manner he may or can, And to dispose of the Money thereby produced for & towards the payment of all lawful Debts Dues and Demands that are or may be against me; & y^e funeral Charges and his own necessary Expences as afores^d And the Legacy's by me given in this my Will And the Overplus to divide to and amongst all my Children, and the legal Representatives of them that are dead in equal Portions, In which Division the Children of my Son Iames aforementioned Shall not have any double portion but only a Single Share or portion equally divided betwixt them, and so of the Children of my Daughter Iane Coffin Dec^d provided always & it is my Will that my Children and their Represent^ves afores^d Shall forever rest Satisfied & contented that in the Division of the Farm afores^d my Sons in Law who have built upon and made Improvements of any part thereof as afores^d Shall have Such Buildings & Improvem^ts to themselves respectively only allowing the Quantity of Land as is afore mentioned And provided also that they & each of them release unto the Heirs or Assigns of Nathan Lord Dec^d all right to that little parcel of Marsh which I sold or exchanged to the S^d Lord lying in Sturgeon Creek Marshes Which if any of them Shall refuse to do then Such as Shall so refuse Shall be & hereby are excluded and forever debarr'd from having any part Share or portion of what I herein order to be sold & divided to & amongst them, as aforesaid, Anything in this my Will notwithstanding.

   In Witness whereof I the Said Iohn Head hereunto Set my Hand & Seal the Day & year first above written.

Signed Sealed pronounced &    declared by the Said John    Heard as his last Will and    Testament in presence of.    Samll Shorey Ioshua Small    Edmd Coffin Noah Emery    Robert Cutt

Iohn J Heard (Seal)       his mark

   In the Name of God Amen The twentyeighth Day of September Anno Domini One Thousand Seven Hundred & forty one I Iohn Heard of Kittery in the County of York within y^e Province of the Massachusetts Bay in New England Gentⁿ Having made Signed Sealed pronounced & declared my last Will & Testament bearing Date the fifteenth Day of Ianuary in the thirteenth year of the Reign of King George the Second Annoque; Domini One Thousand Seven Hundred & thirty nine, therein & thereby disposing of my Estate Real & personal, and appointing my Son in Law Nathan Bartlett my Executor. And thrô Infinite Goodness my Life being prolonged to this time, and my Memory Good & perfect (thô bodily weak) I have well considered my Said last Will & Testament in every Article & Clause it being this Day distinctly read in my perfect Hearing. I do hereby establish ratify & confirm the Same last Will & Testament as the true & just Declaration of my Mind & Will with respect to the Disposition of my Estate, with only the Addition & Alteration hereafter in this Codicil mentioned which I do hereby order & appoint to be taken received observed & executed as part of my Said last Will & Testament, That is to say :

   That Whereas in & by my said last Will & Testament I did give & bequeath unto my well beloved Grandson Iohn Heard Bartlett Fifty pounds to be paid to him (without Interest) by my Executor when he Shall arrive to the Age of the twenty one years or Sooner if my Executor Shall see meet. I do hereby ratify & confirm that Bequest, and in Consideration that his Father intends to educate him at the College I give & bequeath unto him the Said John Heard Bartlet a further Sum of Fifty pounds to be paid to him (without Interest) out of my Estate as soon as he Shall have perfected his Studies at the College So far as to commence Batchellor of Arts; But if he the Said John Heard Bartlet Shall die before he Shall so perfect his Studies then my Will is that the Said Fifty pounds, And also the other Fifty pounds afore mentioned Shall be to & for the Use of his Brother my Grandson Nathan Bartlet provided he the Said Nathan Shall be brought up at the College as afores^d. But in Case he Shall not be brought up at the College, and in Case of his Brothers Death as afores^d then the Said Nathan Shall have only one of the Fifty pounds aforesaid.

   Item. My further Will & pleasure is that my Pew in the Meeting House in this Parish where I now live Shall be & remain to & for the Use of my Children & GrandChildren, Such as have Occasion to use it from time to time, and not to be sold from them.

   In Witness that this Codicil written upon the Same Sheet of Paper whereon my Will afore mentioned is written Shall be taken and executed as part of my Will, I hereunto Set my Hand & Seal the afore mentioned 28^th Day of Septemr 1741.

In presence of,    Iohn Rogers Robert Staple    Robert Cutt Ioshua Small    Noah Emery.		Iohn J Heard (Seal)       his mark
Probated 6 January 1752. Inventory returned 25 Nov. 1751, at £674: 11: 0, by Caleb Emery, James Gowen and Samuel Fernald, appraisers. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 667, citing Probate Office, 8, 146.