Maine Wills

 From York Registry of Deeds (1640-91)

In the name of God amen/

   I Thomas Spencer of Newgewanacke in the Townshipp of Kittery being sicke of body, but through the mercys of god, sound of Mind & memory, and not knowing how soone my Change may come, desire to dispose of that Estate which god hath giuen unto mee as followith, uidz^t :

   Inp^rs I giue unto my Elldest sonn William Spencer after my decease, & the decease of Patience my loueing wife, my now dwelling house & all out houseing by It, or belonging to it, & all the Land adioyneing to it, being now in my possession & lijng on the North side of the high way, by my sd dwelling house, whither It bee Gardens oarchards, pasture Meddows Corne Land to him the sd William Spencer my sonn, & to his heyres for euer; prouided hee pay or Cause to bee payd unto my Too daughters, namely Susanna & Elizabeth, with in six weekes, after my decease & of my loueing wife Patience, the full & iust summe of Tenn pounds, a peece in money or pay æquiuolent ther unto : The houses & sd land lijng responsable, untill y^e Legacys abouesd bee fully payd/

   2ly I giue to patience my louing wife all the rest of my Estate, whither It bee in lands Chattles, Cattle, goods debts house hould stuffs Meddows &c : not mentioned as abouesd, for her to distribute & dispose of amongst my Children at her own discretion, except what I haue already giuen to my Elldest sonn as abouesd/

   Lastly I do nominate & appoynt patience my sd loueing wife to bee my soole executrix of this my last will & testament/ In Confirmation where of I haue here unto set my hand & seale, the secund day of June in the yeare of our Lord one thousand six hundred seauenty nine/ 1679 :

Signed sealed & Deliuered    in Presence of,    Gillbard warrine his    marke X    George Pearson/

Thomas Spencer his marke (his Seale)

   An Appendix to my last will & testament as on the other side of this paper, appeareth my further will in that, where as formerly I gaue unto my sonn in law John Gattinsby who married my daughter Susanna a Certen Tract of land being part of that too hundred acres that the Town of Kittery granted to mee, ioyneing to my house lott, & the sd Gattensby sould his sd right or tract of land unto my sonn in law Thomas Euerington who married my daughter Mary, & the sd Gattingsby was fully Contented, & payd by the sd Euerington my sonn in law, for his sd land & the sayd Euerington my sonn in law possessed the sd Land his life tyme, & left it to his heyres; And w^r as I also gaue unto my sonn Etherington a Certen Tract of Land ioyneing to the land hee bought of the sd John Gattensby, on which the dwelling house of the sayd Etherington now standeth, & both Tracts of land Contajneing about Twenty foure Acres, by Estimation, bee It more or less, as they are now bounded with Richard Nason & the high way on the South, William Spencers land on the West, Daniell Goodins land & Humphrey Spencers land on the North, & that part of my land Called Parkers Marsh on the East : And although some writeings haue been Prused about the Premisses, yet nothing y^t I know upon record about It, & that the sd Land according to my true intent discend unto the right heyres of it, both by the sayd Etheringtons purchase of the sayd Gattensby in part, & my gift unto the sayd Etherington of the rest of the sd land : Now my will is that the sayd Land with the dwelling house vpon it, & all the appurtenances & priuiledges y^r unto belonging, should bee & remajne the proper right & Inheritance of John Wincoll Junjor, sonn of John Wincoll of Kittery & of Mary his wife deceased, who was the daughter of my sd sonn in law Thomas Etherton & Mary his wife deceased, to haue & to hould the sd tract of Land, dwelling house with all the appurtenances, & priuiledges there unto belonging to him the sd John Wincoll Junjo^r & his heyres lawfully begotton of his body for euer : & If hee dy with out such lawfull heyres, my will is that the sd Tract of Land houseing & all appurtenances & priuiledges y^r unto belonging shall bee & remajne the proper right & Inheritance of patience Atherton daughter unto sd Thomas Etherington & Mary his wife deceased, to haue & to hould to her & her heyres for euer/ In witness where unto I haue afixed my hand & seale, this fifth day of June one thousand six hundred seauenty nine 1679 :

Signed sealed & deliuerd in    the Presence of,    Gillbard Warrine    his Marke X    George Pearson/		Thomas Spencer his marke (his seale)
Acknowledged 18 June 1679; recorded 15 June 1682; Inventory returned at £257 : 14: 0 by Richard Nason, Moses Spencer and John Wincoll, appraisers, 1 May 1682; who state that Thomas Spencer "deceased 15th: Decembr 1681 :" Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 66, citing Registry of Deeds, 5, 12.