Maine Wills

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

   In the Name of God Amen. I James Merrill of the town of Falmouth in the County of York in His Majestys Province of the Massachusetts Bay in New England Gentⁿ being Sensible of my own fraility & Mortality, but as yet of perfect Mind & Memory Thanks be to God, I do make this my last Will & Testament, First of all, I commend my Soul to God thrô Iesus Christ, and my Body to the Earth. Touching the worldly Estate wherewith it hath pleased God to bless me in this Life, I give demise & dispose of in the following Manner & Form.

   1. After my just Debts Legacies & funeral Charges are paid and discharged, I give & bequeath unto my loving & well beloved Wife Mary Merrill the Use & Improvem^t & Profit of y^e one third part of my real Estate during her natural Life and all the Household Goods to dispose of as She pleases.

   2. I give unto my four Grand Children y^e Children of my Son Israel Merrill Dec^d Viz^t Israel Abia Nicholas & Levi Fifty Acres of Land which I purchased of Brigad^r Samuel Waldo which Fifty Acres of Land is to be on y^e upper Side of the Land next toward Pesumpscot Falls, it is to extend the whole length of the Land, which Land is to be theirs at the Age of twenty one Years and not before.

   3. I give unto my Son Humphry Merrill ten Shillings lawful Money in one year after my Decease to be paid by my Executor he having rec^d a considerable already.

   4. I give unto my Daughter Rebecca Cauly ten Shillings, lawful Money in one year after my Decease to be paid by my Executor She having rec^d a considerable already.

   5. I give unto my Daughter Priscilla Merrill ten Shillings lawful Money in one Year after my Decease to be paid by my Executor She having rec^d considerable already.

   6. I give unto my Son Adams Merrill & to his Heirs and Assigns forever. Two thirds of all the real & personal Estate excepting the Household Goods already mentiond immediately after my Decease; And I give unto my Son Adams the other third part immediately after the Decease of his Mother above named that is all the Estate that I have excepting Fifty Acres that is already disposed of and what will be hereafter mentioned.

   7. I give unto my Son Iames Merrill the remaining part of the Land that I purchased of the above s^d Waldo to be and remain to him & his Heirs & Assigns forever, his being the lower Side of the Land, and to extend y^e whole length of Said Land the Said James paying Thirteen pounds Six Shillings & eight pence, where my Executors Shall cause it to be paid.

   8. I give unto my Son Ioshua Merrill his Heirs & Assigns Fifty Acres of Land out of the place that I now live on where he & my Executor Shall Agree, he the Said Joshua paying twenty six pounds thirteen Shillings & four pence lawful Money where my Executor Shall cause it to be paid.

   9. I give unto my Daughter Mary Noyes Six pounds thirteen Shillings & four pence lawful Money to be paid in one year after my Decease by my Executor She having had considerable already.

   10. I give unto my Daughter Dorothy Merrill twenty pounds lawful Money to be paid in one Year after my Decease by my Executor.

   11. I give unto my Daughter Susanna Merrill twenty pounds lawful Money to be paid in one year after my Decease by my Executor.

   12. I give unto my Son Silas Merrill Forty pounds lawful Money to be paid in one year after my Decease by my Executor.

   13. My Will is notwithstanding what is above given unto my four Sons. as above named Viz^t Adams Iames Joshua and Silas that if either of my Said four Sons depart this Life without any Child lawful begotten of his Body, that then the other of my Said four Sons that Shall Survive Shall have it equally divided amongst them

   And my Will is and I do hereby nominate constitute and appoint my Son Adams Merrill to be the Executor of this my Will to receive all my Debts, and to pay all my Debts Legacys & funeral Charges, And I do ratify & confirm this & no other to be my last Will & Testament. I Witness & Confirmation whereof I the above named Iames Merrill have Set to my Hand & Seal the Sixth Day of April in the twenty Sixth Year of the Reign our Soverign Lord George the Second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c. Anno Domini 1753.

Signed Sealed & Delivered by the    above named Iames Merrill to be    his last Will & Testamt in pres-    ence of us Iames Wyman Nathan-    iel Lock Nathan Noyes.		Iames Merrill (a Seal)
Probated 3 October 1757. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 810, citing Probate Office, 9, 242.