Maine Wills

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

   In the Name of God Amen. The Seventeenth Day of April in y^e 25^th year of His Majesty's Reign Anno Domini 1752, I John Neal of Kittery in the County of York Yeoman being Sick & weak of Body, and not knowing how it may please God to deal with me with respect to this Life, But through Divine Goodness being now of perfect Mind & Memory, I do make and Ordain this to be my last Will & Testament Viz^t In the first place, I recommend my Soul to God who gave it, hoping for Mercy thrô Iesus Christ, and my Body to the Earth for decent Burial at the Discretion of my Execut^x hoping to receive it again at the Resurrection of the just at y^e last Day. And as to worldly Estate real & personal which it hath pleased God to bless me with in this Life I give & dispose of it in Manner following Viz^t

   Imp^r I give & bequeath unto my well beloved Wife Patience Neal the Income & Improvem^t of all my Estate real & personal for the bringing up of my Children, and for the Payment of my Debts and Such Legacys as I Shall hereafter mention She to improve the whole of my real Estate till the Children to whom the Same is given come of Age to receive Such part thereof as is given to them. And when any of my Sons come of Age to receive his portion, My Will is that my Widow have one third part thereof for her Support during Life unless y^e Same be out Lands. And my Will is that my Wife pay out of Such out Lands as I Shall leave to her Disposing, and out of my Stock of Creatures & moveable Estate my just Debts and funeral Charges; And that She pay out of the Income of my Estate as it Shall come to her Hands to each of my Daughters viz^t Abigail Mary & Patience Six pounds thirteen Shillings and four pence lawful Money as they come of Age or are Married. And whereas my Daughter Abigail is already married My Will is that She be paid within one year the afores^d Sum out of my moveables after my Decease to be paid by my Executrix.

   Item I give & bequeath to my two eldest Sons Viz^t Iohn & Andrew to them their Heirs & Assigns forever all my Homestead to hold in Severalty Viz^t Iohn to have all on the Easterly side of the High Way with the Buildings and appurtenances; And a piece in the South east Corner of the Garden two Rods wide & three Rods deep, joining to the high Way and to Ioseph Hearl for a Garden, and Liberty of fetching Water from the Spring : Andrew to have all on the west Side of the Way (except y^e S^d Garden given to John) with the priviledges & appurtenances. I likewise give to my Said two Sons all my Salt Marsh in York to hold in Severalty in equal Halves, & likewise all my Pasture between the Lands in Possession of David Clark & Iohn Lord on the East & S^r W^m Pepperrell & James Smith on the West, the North bounds to be as a Straight Line Shall run between me & the Said Lord till it comes to Azariah Nasons Land to hold in Severalty in equal Halves each to receive his part as he comes of Age allowing my Widow her Thirds during Life, And my Will is that each of my Said two Sons pay to each of my S^d Daughters three pounds Six Shillings & eight pence lawful Money in one year after Such Son receive his Portion.

   Item. I give to my Son James Neal his Heirs & Assigns forever Fifty Acres of Land in Berwick being part of Onehundred Acre Lot own'd between me & my Bro^r Andrew near to Neguttiquid little River, on the West Side of the Great Works River at Douty's Falls so called

   Item. I give to my Son Edmund all my Land in Kittery between the Land of Ioshua Weed & the Land of John Lord to run as the Line runs between me & the Said Lord till it comes to the Land of Azariah Nason, having a Lot of Benjamin Stacy on the North to hold to him his Heirs & Assigns forever to receive it as he comes of Age Allowing to my Widow her Thirds.

   And my Will is that if either of my Sons die before he enter into the Possession of Such Land as I have given him & without being married or having lawful Issue that the surviving Sons divide his Portion among them equally, and if any Daughter die not married nor having received her Portion, the other Daughters Shall have her Portion equally between them

   Lastly. I give to my Said Wife all other my Estate real and personal to her Dispose for the Payment of Debts & Legacys as afores^d And I do hereby renounce all other Wills heretofore made by me, And appoint my Said Wife Patience Neal Sole Executrix of this my last Will and Testament.

   In Testimony whereof I have hereunto Set my Hand & Seal the Day & Year first Mentioned.

Iohn Neal (Seal)

   Sign'd Seal'd published pronounced & declared by the Said Iohn Neal to be his last Will & Testament in presence of Ioseph Williams, Ebenezer Hearl, Simon Lord, Caleb Emery

   In the Name of God Amen. The 25^th Day of Ianuary 1755. I Iohn Neal of Kittery in y^e County of York Yeoman having on the 17^th Day of April 1752 made and ordained my last Will & Testament, and therein disposed of all my Estate as therein mentioned, Since which time I have Sold a part of the Land which I gave to my Son James Neal in Berwick in Consider^con whereof I hereby give my Said Son James my Part of a Lot of Land in Said Berwick near Gowens Mill so called on y^e Easterly Side of the Great Works River near Iohn Morrells it being about twenty two Acres more or less. I likewise give my Said Son James the Improvement of part of my Orchard on the West Side of the way joining to Iames Ferguson Viz^t Five Rows of trees from the Way to the lower end of y^e old orchard to the Nursery so called out of my Son Andrew's Part for the Term of Ten Years after my Said Son James comes of Age, and one Load of Salt Hay to be deliver'd or paid him by my Son John at York Marshs every Year for Ten Years after he comes of Age.

   And my Will is that if what I have left in my Said Will Should be insufficient to pay my Debts which is therein ordered for that Use that the Same Shall be paid equally out of what I have given to my two eldest Sons Viz^t John & Andrew And I do hereby appoint & ordain the afores^d Will with this Codicil to be my last Will & Testament

Signd Seald published & declard by ye Sd    Iohn Neal to be a Codicil to his last    Will & Testamt In presence of    Ebenezer Hearl Daniel Emery junr    Caleb Emery		Iohn Neal (Seal)
Probated 20 May 1755. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 750, citing Probate Office, 9, 84.