Maine Wills

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

   In the Name of God Amen. I Richard Milberry of York in the County of York Yeoman, being at present in good bodily Health thrô Gods Goodness, and of sound disposing Mind and Memory, yet being aged, and not knowing the Day of my Death, Do make this my last Will & Testament in Manner & Form following Viz^t. First of all I commit my precious never dying soul into the Hand of God who gave it hoping for the Pardon of all my Sins & eternal Salvation in & thrô the Merits of Christ Jesus alone and my Body I commit to the Dust hoping for a glorious Resurrection thro Christ who is the Resurrection & the Life, and as to Such worldly Estate as God has been pleased to bestow upon me I dispose of the Same as follows.

   Imp^r. I give & bequeath unto my eldest Son Samuel all my Homestead, the Neck I now live on with the Buildings thereon and all the Land lying at the place call^d the Rocky Ground and half of the Land I have lying on the Cape Neck, and all my Salt Marsh lying in the Second Parish in York except Two Acres next adjoining to Cutts & Leighton's Marsh, and all my Interest in the Mills on the Creek commonly call'd the Meeting House Creek, and one quarter part of my Interest in the new Township above Berwick also four of my eight Shares in the common Land in York, and all my Goods & Chattels, expecting of my said Son that he will pay all my just Debts & funeral Charges and take a tender Care of his aged Mother my dearly beloved Wife in her Estate of Widowhood without giving her the Trouble of taking Care of the thirds of my Estate.

   Item. I give & bequeath to the two Children of my Son Joseph Dec^d to be equally divided between them all the Land & Appurten^ces lying on the East Side of Cape Neddock River, and one Quarter part of the new Township above Berwick afores^d, and two of my Shares in the Common Land afores^d reserving to their Mother the Improvem^t of one third part of the Said Lands while She remains in the Estate of Widdowhood. I also give to my Said Grand Children half my Interest in the Mill called the old Saw Mill on Cape Niddock River, afores^d, reserving to their Said Mother, one third part thereof that is of Said half during her Widowhood

   Item. I give to my Son John all the Tract of Land he now lives on and the Buildings thereon and the Meadow thereto adjoining and half my Interest in the Cape Neck afores^d And one half of my Interest in the Mill on Cape Niddock River afores^d. Also one Quarter of my Interest in the Township aforesaid lying above Berwick. Also two of my Shares in the common Land afores^d. I give moreover to my Said Son John that two Acres of Salt Marsh excepted out of my Son Samuel's Marsh afores^d. Provided always that my Said Son John Shall have no power to dispose of Said Marsh out of the Family of the Milberrys,

   Item. I give to my Daughter Sarah Milberry now Goodwin besides what she has already receiv'd the remaining Quarter part of my Right in Said New Township, and four Hundred pounds old Tenor to be paid by Son Samuel as soon as he Shall see meet the Sooner the more pleasing to me at farthest not exceeding eight years after my Decease.

   Lastly, I do hereby appoint my Son Samuel Sole Executor of this my last Will & Testament. Witness my Hand & Seal April 2, 1747, And in the 20^th Year of His Majestys Reign.

Signed Sealed published pronounced    & declared by the Said Richd Mil-    berry as his last Will & Testament    in presence of us, William Moore    Ionathan Philbrook Joseph Toppan		Richard Milbery (Seal)
Probated 4 February 1754. Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 725, citing Probate Office, 9, 5.