Maine Wills

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

   In the Name of God Amen. The Sixteenth Day of November in the year of our Lord 1756, I Thomas Boothby of Scarborô in y^e County of York in New England Yeoman, being in a weak bodily State but by y^e Goodness of God am in my usual perfection of Mind, but being apprehensive that I may Suddenly depart this Life, I do therefore take this Opportunity by y^e permission of God to make this my last Will & Testament in Manner following, First of all at my Decease I recommend my Soul into the Hand of God that gave it, and my Body to a Christian like & decent Burial in the Earth at y^e Discretion of my Executor here in after named; wherefore as touching such worldly Estate wherewith I am or may be invested with at the time of my Decease my Will is to dispose of the Same in the following Manner.

   Imp^r I give & bequeath to Lydia my beloved Wife at my Decease the whole of my Household Goods & Furniture together with y^e one half of all my live Stock of every Sort to be her's & at her disposal forever; Always provided nevertheless that if She Shall die without exhausting or in any ways disposing of the Same, then that the Household Furniture be equally divided between my Daughters Miriam & Lois, except one Bed to be given to my Grand Child Lemuel Aubins, if it Should arrive at Age I also give to my Said Wife the Improvemt of my dwelling House where I now dwell, together with y^e whole of my Homestead place Barn &c. Which place contains Fifty Acres all which to be improved by her during her natural Life and also I give her one half of the Income of all my improved Lands at my uper Place in the Patent. And furthermore, if what I have herein already given her Shall prove insufficient for her necessary Support, and my Son Samuel Shall refuse to give her Such further Aid as Shall be needful for her then it is hereby in her Power to Sell & dispose of so much of my Homestead afores^d as Shall be needful for to procure her a necessary Support during Life.

   Item, I give to my eldest Son Ionathan Boothby twenty five acres of Land in Lewis & Benightons Patent so called which Said Patent lies partly in Scarbor^o & partly in the adjacent Town of Biddeford in the County afores^d the Said twenty five Acres to be bounded as follows Viz^t to begin at the Southwest End of my upper Lot in Said Patent at y^e middle Line so called and thence to extend North East y^e whole width of my Said upper Lot supposed to be twenty five pole more or less & continuing the Width of the Same N. E. as aforesaid until the S^d twenty five Acres is compleated to be possessed by him & his Heirs forever immidiately after my Decease I also give to him Five Acres of Land to be Set off from the Southwesterly part of my Homestead afores^d to begin at the S. W. Corner of the Same at the High Way adjoining to M^r Sam^l Harmons Land from thence to run Northeast by y^e S^d High Way ten pole, and from the S^d High Way to extend back holding the S^d Wedth of ten pole adjoining to the S^d Harmon's Land till the Said Five Acres is compleated, to be by him possessed immediately after the Death of my Said Wife, if She Shall Survive me, he paying the Legacy hereafter assigned to him to pay, then to be freely possessed by him & his Heirs forever, Always provided that if he my S^d Son Jonathan Shall die without lawful Issue by him begotten before he comes into y^e actual Possession of the Same according to this Will, in Such Case my Will is that the S^d five Acres hereby given, do & Shall revert to my S^d Son Samuel & his Heirs forever, he my S^d Son Samuel paying the Legacy assigned as aforesaid.

   Item, I give to my Said Son Samuel Boothby & his Heirs forever all the residue & remainder of my Home place that Shall remain after my Decease & the Decease of my Wife, together with all the Buildings thereon to be by him or them immediately possessed after our Decease as afores^d he or they paying the Legacys herein after assigned to be by him paid. Always provided that if my Daughter Lois Shall remain Single after y^e Decease of my Self & Wife, my Will is that She Shall enjoy the Easterly Room in my now dwelling House so long as She Shall live & remain in a Single State. I also give to him my Said Son Samuel & his Heirs forever all the Residue & Remainder of my Lands in y^e afores^d Patten, and every where else, except Sixty six Acres & a quarter of the Land in the Patten whereon my Son Joseph now dwells I reserve to & for my Said Son Joseph as hereafter will appear I also give to him my Said Son Samuel immediately after my Decease all the Residue & remainder of my live Stock of all Sorts not herein already before disposed of; As also all my Tools & Utensils of Husbandry & other Uses. I also give him all the Benefit of any & all my Intrests in Reversion which of Right belong & appertain to me & my Heirs; as also the Benefit of any Legacy or Legacys by this Will ordered to be paid where in Such Case the Legatee Shall die before the time assigned for the payment of Such Legacy & leaving no lawful Issue. I also give him all the Debts to me owing from all persons the better to enable him as well to pay Such Debts as Shall be from me owing to any persons, as also to perform other Duties herein after enjoined on him.

   Item. I give to my Said Son Ioseph Boothby & his Heirs forever the afore mentioned Sixty Six Acres & a Quarter of Land in the Pattent whereon he now dwells, the Same being on the N. E. Side of a Road call'd the Mast Road running thrô my S^d Land and is y^e Easterly end of my S^d Patent Land, the Same to be by him or them possessed immediately after my Decease upon his or their paying out y^e Legacy enjoined on him to be paid as hereafter will appear.

   Item. I give to my well beloved Daughter Miriam the Wife of Iohn Dearing the Sum of twenty six pounds thirteen Shillings & four pence lawful Money value to be paid her as follows Ten pounds part of S^d Sum to be paid her in merch^ta Lumber or live Stock to that value within one year after my Decease by my Son Joseph Boothby, and the remainder part of S^d Sum being Sixteen pounds thirteen Shillings & four pence to be paid by my Son Samuel Boothby within one year after y^e Decease of my Self & Wife at y^e Value thereof in Merch^t Lumber or live Stock as aforesaid.

   Item. I give to my beloved Daughter Lois Twenty six pounds thirteen Shillings & four pence lawful Money value to be paid in Merch^t Lumber or Live Stock as follows viz^t the payment thereof to be made by my Son Samuel within one year after my Decease & y^e Decease of my Wife, unless She my S^d Daughter Lois Should after my Decease & before y^e Decease of my Wife be married, in Such Case then my Son Sam^l Shall upon her Marriage pay her y^e Value of y^e Sum of six pounds thirteen Shillings & four pence part of y^e S^d Sum of twenty six pounds thirteen Shillings & four pence in manner of paying as afores^d and y^e remainder part as heretofore directed. I also give her y^e Improvement of y^e Easterly end of my dwelling House so long as She Shall be & remain unmarried after my Decease and the Decease of my Wife as herein before provided.

   Item. I give to my grand Child Lemuel Aubins which was born of my late beloved Daughter Eunice Aubins since Dec^d exclusive of what I have already herein before given to it in Case the Sum of thirteen pounds Six Shillings & eight pence lawful Money value in Merch^t Lumber or live Stock, to be paid by my Son Ionathan Boothby or his Heirs or in Manner as herein before is provided in Case he Should die without Issue; the Same to be paid within one year after my Decease and y^e Decease of my Wife; the Same to be paid to to Such person or persons as Shall have the Care & Charge of bringing up the Said Child, Such person or persons giving proper Security to reserve y^e principle of S^d Sum for y^e Use of y^e S^d Child when he Shall arrive to age or to be otherwise disposed of according to this Will in Case S^d Child Should die before it arrives of age as before provided. Always provided that if my Son Jonathan Shall retain y^e Said Legacy in his hands until y^e S^d Lemuel Shall be of Age he Shall hereby be obliged to pay the Intrest that Shall become due thereon from y^e time it Shall appear that it ought to have been paid as afores^d.

   Furthermore my Will is that if any of my Children other than my Son Samuel Shall after my Decease raise up any Accompt against me, and thereon make any Demand in Law against my Executor for the Same he She or they so doing Shall thereupon forfeit to & for y^e Use of my Said Son Sam^l all Such Gifts & Legacys as is in & by this Will already given to Such any thing to the Contrary notwithstanding.

   Finally. I appoint my trusty & well beloved Son Samuel Boothby Sole Executor of this my last Will & Testament enjoining on him the paym^t of all my just Debts from me that Shall be owing at my Decease, and all other Duties of a faithful Executor. I do also by these presents utterly disannul all other Wills Legacys Bequests & Executors ever by me heretofore named confirming this & no other to be my last Will & Testament. In Witness whereof I have hereunto Set my Hand & Seal the Day & year first above written.

Thomas Boothby (Seal)

   Signed Sealed published & pronounced & declared by the Said Thomas Boothby as his last Will & Testament in the presence of us the Subscribers Viz^t Robert Carl, Ionathan Wingett, Richard King.