Maine Wills

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

   In the Name of God Amen. I Moses Butler of Berwick in the County of York being very Sick & weak but of Sound Mind & Memory, blessed be God for it, and calling to Mind the Mortality of my Body, and knowing that it is appointed for all men once to die, Do make this my last Will & Testament. And principally & first of all, I recommend my Soul into the Hands of God that gave it me, And my Body I commit to y^e Earth to have a decent Burial, not doubting but at y^e General Resurrection of the Just that I Shall receive the Same again by the mighty Power of God in & through Iesus Christ my dear Redeemer Amen. And as concerning my Worldly Estate that has pleased God to bless me with in this Life I give & dispose of the Same in the following Manner & Way.

   Imp^r I give unto my loving Wife Mercy Butler one Room in my dwelling House Such as She Shall choose to live in as long as She lives a Widow. Also I give my Said Wife one Feather Bed & Bedding with all my Household Goods as pewter Chairs Tables & Earthen Ware And so forth.

   Item. I give & bequeath unto my four Sons Moses Butler Thomas Butler Charles Butler & James Butler all my real Estate in Housing & Lands that I am y^e Owner or Possessor of either in Berwick or in y^e New Town above Berwick or in any other Town or place whatsoever as Land Mills Common Rights with all my Right in real Estate nothing excepted to my Said four Sons but to equally divided betweeen them, Only my Son John Butler I make this Reserve for him, and that is this, that Whereas my Said Son John Butler does pursue his Intention and does mary with Elizabeth Pray Widow y^e Daughter of John Tucker which is greatly against my Mind & Will, that then my Will Sincerely is he my Said Son John Butler Shall not have one Shilling of my real Estate. But I give him but twenty Shillings old Tenor to be paid him by my Son James Butler after he comes to the Age of twenty one Years. But if my Son John Butler Shall miss of marrying y^e before mention'd Widow Pray y^e S^d Tucker's Daughter & not take her to Wife that then my Will is that he my Said Son John Shall have an equal Share in my real Estate with y^e rest of his Brothers and otherwise.

   Item. I give to my four Daughters, Elizabeth Butler Sarah Nason Mercy Butler & Love Butler Fifty pounds old Tenor apiece to be paid to them out of my Estate by my Sons in equal Porportions of what I have gave them.

   Item. I give & bequeath unto three Daughters Elizabeth Mercy and Love Butler one Cow & one Feather Bed each of them to be paid by my Sons in equal Proportions of what I have given them.

   Item. I give to my Son Thomas my grey Horse & a pair of Pistols & Cutlash.

   Item. I give to my Son Charles a Yoke of Oxen, and the Mair Colt that now runs with the Mair.

   Item. I give to my Son Iames Butler all my Wearing Apparel with my Silver Hilted Sword, and Watch with next Colt that my Mair Shall have, and I give the Mair to my Wife.

   Item. I give to my four Sons first mentioned in this my Will all my live Stock of every Sort not before mentioned to be equally divided between them, and if there be any thing of my Estate not herein mentioned, I leave it in y^e hands of my Executors to be divided to & amongst their Brothers & Sisters as they Shall See meet. And if any of my Children Male or Female Should die before they come of full Age, die without lawful Issue, that then what I have herein given them Shall be divided to & among the Survivers Bretheren. And my Will further is that my Debts Shall go to pay my Debts; and if there Should be any thing wanting to compleat the payment of my Debts, then my Executors is to Sell as much of my Estate either real or personal as they think best to compleat & pay the Same.

   Item. I order that my red Horse to be Sold for the payment of my Debts.

   Finally. I appoint my two Sons Moses Butler & Thomas Butler to be my Sole Executors to this my last Will & Testam^t hereby ratifying this & no other to be my last Will and Testament.

   Signed Sealed published & declared by me Moses Butler this 10^th Day of Septem^r 1756

In presence of us Witnesses    Benjamin Estes jr Samuel Butler    Iohn X Murrey       his mark		Moses Butler (Seal)
Probated 2 Jany 1757. Inventory returned 25 Apr. 1757, at £572: 1: 8, by William Gerrish, Humphrey Chadbourne jr. and Foxwell C. Cutt, appraisers. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 798, citing Probate Office, 9, 200.