Maine Wills

 From York County Probate Records, Volume Nine (1743-58)

   In the Name of God Amen. The first Day of February Anno Domini One Thousand Seven Hundred and fifty Seven. I James Fernald jun^r of Kittery in y^e County of York in the Province of the Massachussetts Bay in New England Yeoman, being very Sick & weak in Body but of perfict Mind & Memory, Thanks be given to God : therefore calling unto Mind the Mortality of my Body & knowing that it is appointed for all men once to die, Do make & ordain this my last Will & Testam^t 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 recomend to y^e Earth to be buried in decent christⁿ Burial at the Discretion of my Execut^r and as touching Such worldly Estate wherewith it hath pleased God to bless me in this Life, I give demise & dispose of the Same in the following Manner & Form.

   Imp^r I give & bequeath to my well beloved Wife Mary Fernald all my personal Estate wheresoever & whatsoever to be to her own disposal as She Shall See meet.

   Item. I give & bequeath to my beloved Son Benjamin Fernald his Heirs & Assigns forever, Ten Acres of Land out of my Homestead or Home Lot, Viz^t that part of Said Lot that lies on y^e Eastern Side of the High Way which leads from Piscataqua Ferry to Gowells Bridge, beginning at the Northwest Corner thereof in the Crotch of the High Way near Richard Gowells Barn, and from Said Corner to run Southerly Forty Poles by the Said High Way, and from y^e S^d High Way to run Easterly by y^e High Way which leads from Said Gowells to Spruce Creek Bridge carrying the Breadth of y^e S^d Forty poles Eastward until the Said ten Acres be compleated, with all & Singular the Priviledegs & appurtenances thereto belonging or in any Wise appurtaining to be to his & their own proper Use Benefit & Behoof forever.

   And I also give & bequeath unto my Said Son Benjamin his Heirs & Assigns All the Wood growing & lying on four Acres of my Land in y^e upper Parrish in Said Town beginning thirty poles Westward from the Southeast Corner, of my Said Land by the Land that was formerly Colⁿ Joseph Hammonds Dec^d and to run from thence twenty poles & one Quarter of a pole Westerly by Said Hammond's Land, and from S^d Hammond's Land to run a Square across my Land Northward carrying the Breadth of y^e S^d twenty poles & a quarter of a pole until the Said four Acres of Wood be compleated, which Wood afores^d my Said Son & His Heirs or Assigns Shall hereby have Liberty to cut & carry off when & where he or they Shall See meet, without any molestation or Hinderance of any person or persons whatsoever.

   Item. I give & bequeath to my beloved Son Mark Fernald his heirs & assigns forever, all the remaining part of my Homestead or House Lot where I now dwell, and also another Tract of my Land which I now possess in the afores^d Town which joins to Thomas Spinneys Land with all & Singular the privilidges & Appurtenances to the Same belonging or in any Wise appertaining to be to his & their own proper Use Benefit & Behoof forever. And I also give and bequeath unto my Said Son his Heirs & Assigns all the Wood growing & lying on four Acres of my Land in the upper Parish in Said Town, beginning at the Southwest Corner of the Tract of Wood which I have given my Son Benjamin afores^d in these presents, and runs Westerly by Said Hammonds Land twenty poles & one quarter of a pole and from Said Hammond's Land to run a Square across my Land Northerly joining to the Wood I have given to my Son Benj^a carrying the Breadth of y^e S^d twenty poles & one quarter of a pole until the Said four Acres of Wood be compleated, which wood afores^d my Said Son Mark & his Heirs or Assigns Shall hereby have Liberty to cut & carry off, when and where he & they Shall See meet without any Molestation or Hinderance of any person or persons whatsoever. My Will is that if either of my two Sons Benjamin or Mark Should die & leave no Heirs, that the Survivor & his Heirs & Assigns Shall inherit the whole eight Acres of Wood, which I have given them in these presents. My Will is that if both of my S^d Sons Benj^a & Mark afores^d Should die & leave no Heirs that my beloved Son James Fernald & His Heirs & Assigns Shall inherit & enjoy the afores^d eight Acres of Wood forever.

   Item I give & bequeath to my beloved Son Iames Fernald his Heirs & Assigns forever all that Tract of Land which I now possess in the upper Parish in y^e afores^d Town it being Seventy Acres or thereabouts lying on y^e Eastern Side of Simeons's Brook near Iohn Tobeys, with all and Singular the Priviledges & Appurtenances thereto belonging or in any wise appertaining except the eight Acres of Wood which I have in these presents given to my two Sons Mark and Benjamin to him the S^d James Fernald his Heirs & Assigns forever to be to his & their own proper Use benefit and Behoof forever.

   Item I give & bequeath unto my beloved Daughter Mary Fernald fourteen pounds in lawful Money to be paid out of my Estate Seven pounds whereof to be paid by my Son James Fernald & the other Seven pounds to be paid by my Son Mark Fernald, Both payments to be made when She Shall arrive to y^e Age of twenty Years My Will is that if my Son Benj^a Fernald Should die & leave no Heirs that the Ten Acres which I have given him in these presents Shall descend to my Son Mark Fernald & his Heirs & Assigns forever to Use Occupy possess and enjoy forever as his own & their proper Right.

   My Will is that if my Son Mark Should die & leave no Heirs that the two Tracts of Land which I have given him in these presents Shall descend & become the proper Right of my Son Benjamin Fernald his Heirs Assigns forever to use occupy & enjoy as Such forever.

   Lastly. I do constitute make & ordain my beloved Wife Mary Fernald afores^d my only & Sole Executrix of this my last Will & Testament, And I do hereby utterly revoke disallow all & every other former Testam^t Wills Legacys Bequests & Executors by me in any Way before named willed or 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 in these presents first Written.

Iames Fernald j^r (Seal)

   Signed Sealed published pronounced & declared by the Said Iames Fernald as his last Will & Testam^t in the presence of us the Subscribers

		Benja Fernald Richard Gowell Thomas Dennet
Probated 25 April 1757. Inventory returned 8 June 1757, at £1006: 18: 9, by Zachariah Nock, Nathaniel Remick and Benja Fernald, appraisers. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 803, citing Probate Office, 9, 204.