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THE

PROBATE RECORDS

OF

LINCOLN COUNTY,

MAINE.

1760 TO 1800,

COMPILED AND EDITED

FOR THE

MAINE GENEALOGICAL SOCIETY,

BY

WILLIAM D> PATTERSON,

WISCASSET, ME.

PORTLAND, ME.

PRINTED FOR THE SOCIETY. 1895.

^

3

.L7?;L

S I 3 f35

E7)!crscit, Printer, Wiscassct.

CONTENTS

Preface -------- Pages 5 — 11

Introduction - - - - - - " - Pages iii — xxi

Errata - - - - - - - - - Page xxiii

Lincoln Probate Records ----- Pages i — 368

Index of Names ------ Pages i — 48

Index of Places ^ . . . . . Pages 49 — 53

PREFACE

This book contains copies of the wills filed in the Probate Court for Lincoln County from the year 1760 to the year 1800 and brief abstracts of the records of the proceedings of that court during the same period.

Perhaps the earliest existing record of probate proceedings had in this section of Maine is that found in the record* made

At a court held at Pemaquid 22 July 1674 by Major Tho : clarke Humphry Dauie : Richd Collicut, and Left Thomas Gardner according to commission and order of the Generall Courte of the Massatusetts coUoHy, Dated in Boston in N : E : 27 day of May 1674, which record is in the following words :

Administration to the estate of John Walter a fisherman somtymes Resident at Monheghen & sometymes at Damerells coue who dyed about four yeares since is granted to Geo : Burnett Resident at Mon- heghen who is to dispose of the same according to the cleerest testimony of, and to whome ye Estate doeth belong & to bring in an Inventory of the same to ye next comission Court, heere, & himselfe as principall & Richd Oliver as Suerty doe bind themselves in fifty pounds a peece that this Order shall bee attended & p' formed.

In this instance the General Court appears to have delegated its functions as a court of probate, a custom that was subsequently adopted by the Governor and Council who under the Province charter of 1 69 1 had power to "doe execute or pcrforme all that is necessary for the Probate of Wills, Granting of Administracons for, touching or concerning any Interest or Estate which any person or persons shall

♦Printed entire in M. H. .S. coll. '^Baxter MSS.," pp. 343-348.

Note. This was probably the only County Court established under the Massa- chusetts Colcny charter within the territory subsequently known as Lincoln County. At that court the region between the Sagadahoc and Georges rivers seems to have been first called and known as the County of Devon.

6 PREFACE.

have within our said Province or Territory ", Soon, however, after the charter become operative judges of probate were commissioned, infe- rior probate tribunals were established and suitable persons were designated as registers thereof in the several counties ; and in probate matters the Governor and Council reserved to themselves and exercised only the powers of a Supreme Court of Probate to which appeals from the probate courts could be had. Finally, near the close of the administration of Governor Pownall, in 1760, they became duly organ- ized as the Supreme Court of Probate for the province and adopted a seal therefor.

The act of the General Court of the Province of Massachusetts Bay for erecting and establishing two new counties in the easterly part of the county of York provided that from and after the first of Novem- ber, 1760, the most eastern county, bounded on the west by the county of Cumberland, on the east by the province of Nova Scotia, on the south and southeast by the sea or western ocean, and on the north by the utmost northern limits of the province, should be called and known as the County of Lincoln. This act established the town of Pownalbo- rough, which then included the territory now embraced in the towns of Wiscasset, Dresden, Alna and Perkins, as the shire or comity town. This town had been incorporated on the 13th of February, 1760, and named in honor of that able colonial statesman, Thomas Pownall, who was then governor of Massachusetts, and this town, the name of which was changed to Wiscasset in 1802, has ever since been the principal shire town of Lincoln County.

The Lincoln Probate Court was constituted by the appointment of William Gushing as judge and Jonathan Bowman as register. The earliest act of the court as found in its records granted letters of ad- ministration upon the estate of Humphry Purrington, late of George- town, under date of the 14th of November, 1760. The record does not disclose whether the court upon that occasion was held at George- town or Pownalborough : the letters were dated at Georgetown ; the warrant to appraisers at Pownalborough ; both bear the same date. At that date and for several years afterwards there seems to have been no regularly established time and place for holding the coart and it was probably held at either Pownalborough or Georgetown, as was most for the convenience of parties having business before it, and but little formality observed. The wills of Nathaniel Donnell and Patrick Drummond, two old time residents of Georgetown, were probated at

PREFACE. 7

that place. On two or three occasions the court appears to have sat at Richmond.

WiUiam Gushing, the first judge of the court, was ot a distinguished Massachusetts family residing at Scituate, where he was born on the first day of March, 1732, third son of the Hon. John Gushing. He graduated from Harvard Gollege in 1751 and after studying for a time with Jeremy Gridley he established himself in the practice of the law. Upon receiving his appointment as judge of probate he removed to Pownalborough where, until the arrival of Timothy Langdon, in 1769, he was the only educated lawyer and as such he appeared as counsel in the most important cases brought before the common law courts of the county. If one can judge by documents drawn by him, now extant, it may safely be concluded that he was methodical in his affairs and careful in all his undertakings. In the work of transcribing these records it has been a pleasure to take in hand a will or other instru- ment in his beautiful handwriting and elegant arrangement of para- graphs. He filled the office of judge of this court until 1772 when he was appointed a justice of the Superior Gourt of Judicature. He then returned to Massachusetts where he ever after made his home. Judge Gushing continued as a justice of the Superior Gourt until several years after it came to be known as the Supreme Judicial Gourt, a title which it retains to this day. At Pownalborough, on the nth of July, 1786, Gushing, then chief justice, opened the first term of the Supreme Judicial Gourt that was held in this county. Associate Justices Sar- gent, Sewall and Sumner presided with him at that term of court. Upon the establishment of the Supreme Gourt of the United States, in 17S9, Judge Gushing was selected by Washington as chief justice. Gushing declined the honor, but accepted a seat as associate justice and continued to occupy the same until his death, 7 September, 1810, ended a long and honorable career.

The name of Jonathan Bowman is found in the records of this court for a period of more than forty years : first as register and after- wards as judge. Born at Dorchester, Massachusetts, 8 December, 1735, he was graduated from Harvard Gollege in 1755. When the first officers of this court were selected one William Bryant, whose appoint- ment appears to have been desired by certain of the proprietors of the Kennebec Purchase, was a candidate for the office of register and it seems to have been understood by some of his friends that he would be appointed, but the influence in favor of Bowman carried the day. At

« PREFACE.

about the same time the governor of Massachusetts, agreeably to the act incorporating Lincoln County, appointed a register of deeds for the county for the term of five years from February, 1761. Bowman re- ceived that appointment. Upon the organization of the Inferior Court of Common Pleas and the Court of General Sessions of the Peace a few months later he was appointed clerk for those courts and con- tinued as such for upwards of thirty years and until he relinquished the offices to his son and successor, Jonathan Bowman, Jr. He appears to have entered upon the duties of register of probate at the time when Cushing became judge and he served in that capacity until he succeeded to the judgeship which position he filled during the Revolutionary period and under the government of the Commonwealth, having been recommissioned therein by his relative, Governor Hancock. The first instrument signed by him as judge found in these records bears date the tenth of June, 1772. In the Revolutionary days the records of the court w-ere swollen by proceedings involving the care and disposition of the confiscated estates of absentee loyalists and at these "tory trials," as the hearings were commonly called, Judge Bowman presided. He continued in the performance of the duties of this responsible position during the remainder of the period covered by this book and until his decease, 4 September, 1S04. The comfortable and spacious two-storied mansion in which Judge Bowman made his home still stands near the bank of the Kennebec river in Dresden. It is a well- preserved house having a broad, roomy hall and staircase and in each of its high-wainscoted rooms a capacious open fire-place. With its traditions of the Hancocks, of John Adams and Increase Sumner, and of PJowdoin and the Gardiners it is an interesting relic of the provincial days in the eastern country and one of the notable houses of the county.

Roland Cushing, the youngest brother of Judge Cushing and him- self a lawyer, succeeded Bowman as register of probate. Roland Cush- ing was born at Scituate, 26 February, 1750, and was educated at Harvard College which he left in 1768 and entered upon the study of law with his brother AVilliam at Pownalborough. He held the ofifice of register of this court for fifteen years. His death occured in 17S8 at Waldoborough where he was then a resident. The personal recollec- tions of those who knew him have been preserved and show that en- dowed by nature with a graceful and manly form, possessing brilliant

PREFACE. 9

mental parts cultivated and enriched by study, eloquent and forceful in argument, he enjoyed a popularity that was long remembered. His untimely death and the indulgence of habits that led to it were much deplored by his friends and associates.

On the 29th of January, 1787, Judge Bowman designated Nathan- iel Thwing, of \Vool\vich, as register of the court pro tempo7-e. Thwing's home was at Hutchinson's Point, now known as Thwing's Point, on the bank of the Kennebec and a few miles from the residence of Judo-e Bowman. Thwing was long time an upright magistrate and well-known office-holder in this county. He was an admirable recording officer and the records made by him are unequalled for legibility, neatness and precision. He appears to have discharged the duties of register of this court until 1792, a period of about five years. Portions of the second and third volumes, the whole of the fourth volume and the first fifty-eight folios of the fifth volume are in his handwriting. A portion of the records in volume HI are attested by Thomas Tileston, register pro tempore, of whom nothing further is here known at this time.

The next regularly appointed register of the court after Roland Gushing was Jonathan Bowman, Jr., eldest son of Judge Bowman. At the date of his appointment, young Bowman was barely twenty-one years of age. He was born 17 April, 1771, and was graduated at Harvard College in 179 1. He made records that are models of neat- ness and legibility. He held the office of register of probate for about ten years, and during a part of that time he was clerk of the common law courts for the county. He resided for some years at \Mscasset. His death occurred at the early age of thirty-seven years.

These short personal sketches may serve to revive in some deo-ree the personnel of the court for the first forty years of its existence. The careful student of these records will not overlook their importance but will find in them that which will suggest pictures of the economical and social life of this section of Maine during the last half of the eio-hteenth century in a manner that no other records now extant can revive. In them will be found evidences of the religious beliefs of the last century inhabitants of this anciently settled county, testimony of their patriotism traces of their loves, their hates and their family feuds and strifes • their standard of comparative wealth and station and their customs and modes of life. There is not room to particularize within the limits of this brief note. The pages of this book contain many of those details in which to use the words of John Adams, posterity delights.

I O PREFACE.

It has been seen that the earliest sittings of this court were at Pownal borough, Georgetown and Richmond, The records indicate that the court was most frequendy held at Pownalborough, usually in the west precinct of the town and at Pownalborough court house which historic building, erected by the Proprietors of the Kennebec Purchase in accordance with a vote passed by them on the 13th of April, 1761, for the purpose of providing a suitable place for holding the courts, still stands within the limits of the former parade ground of old Fort Shirley in the town of Dresden. It is a substantial frame structure, three stories high. The court room, situate on the second floor over- looking the Kennebec, was an apartment forty-five feet long and nine- teen and a half feet wide. It is rich with memories of John Adams and the Cushings, the Sewalls and the Sullivans ; of Robert 4uchmuty, the younger, of Chipman and Wyer, Bradbury and Paine ; and of Gardiner and Bridge, Lithgow and Langdon. It is not famous alone for having been the temple of justice. The service of the church of Eng- land was often held within its walls by the Rev. Jacob Bailey, rector of the ancient St. John's parish before his church structure was erected; and there the preachers of other religious denominations from time to time gathered their hearers.

A few years after the Revolution the population of the county had increased to such an extent that the inhabitants of the eastern part^ desirous of being no longer subject to the necessity of making the long and tiresome journey which was involved in attending to probate business and visiting the registry of deeds at Pownalborough, succeeded in procuring the passage on the 6th of November, 1784, of "An Act empowering the Inhabitants of the County of Lincoln Eastward of Union River to choose a Register of Deeds, and for the establishing of a Court of Probate to be holden within and for all that part of the said County which lies to the Eastward of said River." From and after the date when that act went into effect and until the incorporation of Hancock and Washington counties this court was known as that of the "west district" of the county. The establishment of the eastern district foreshadowed the separation that soon followed. After the area of the county was reduced and as population multiplied and the business of the court increased it became customary to hold the several terms during the year in different towns, usually at the houses of innholders, when held outside of the shire town. In the year 1790, the court sat at Pownalborough court house in May, August, September

PREFACE. I I

and October ; at the house of Lazarus Goodwin, in Hallowell, and at the house of Joseph Lambard, in Bath, in May ; at the house of Samuel Nickels, in Newcastle, and at the house of Cornelius Turner, in Waldoborough, in September ; and in the year 1791 : at Pownalborough court house in January, April, June and August ; at the house of Amos Pollard, in Hallowell, in January ; at Lambard's, Bath, in June ; at the house of Charles Samson and at Turner's, both in Waldoborough, in September, and at the house of Ebenezer Whittier, in Pownalborough, in December. For many years and until the establishment of the eastern district the jurisdiction of this court extended throughout all that part of Maine eastward of the then eastern boundary of Cumber- land county and in its records are found traces of those who lived as far east as^Bangor, Mount Desert and Machias and northward to Farmington and Norridgewock. Its territory was first reduced by the act creating the eastern district and that was rapidly followed by the incorporation of Hancock county, in 1789, and Kennebec, in 1799.

It is hoped that the scope of this volume and the arrangement of its contents will commend it to the student of genealogy. Full copies of the wills are given in the order in which they are found of record. The abstracts from the records of proceedings relating to the estates of intestates are given in like order and contain mention of every act of the court and of the representatives of the estates found of record, to- gether with reference to the volumes and folios where such are re- corded, thus forming in connection with the index of names an index to the first eight volumes of the probate records of Lincoln County.

The cordial thanks of the Society are hereby extended to that learned antiquary, Rufus K. Sewall, Esq., for the timely and compre- hensive sketch of the early history of English common law proceedings in Maine that is embodied in the introduction, so generously furnished by him for this book, the value of which is best attested in the following note here printed by the kind permission of the Hon. John A. Peters, chief justice of the Supreme Judicial Court of the State of Maine.

Wiscasset, May 6, 1895.

Hon. R. K. Sewall, Dear Sir:

I have read with exceeding interest the paper which you have pre- pared as an introduction to the book, to be published, of the Probate Records of the County of Lincoln (or Cornwall) up to the year inclu-

1 2 PREFACE.

sive, of 1800. Your paper very finely illustrates, in brief form, the principles and practice of the Common Law of England, during that ancient period, to be found in the probate records to be published. There will be seen in them clear pictures of the civilization of that peri- od, which an American citizen will readily appreciate and much enjoy. Very sincerely yours,

JOHN A. PETERS.

The indices to this volume have been prepared by Joseph P. Thompson, Esq., who has thus rendered invaluable aid. Wiscasset, i November, 1S95.

WILLIAM D. PATTERSON.

INTRODUCTION.

These mortuary records of Lincoln County are matter of public in- terest and importance. In them we have an epitome of the thrift of the generations past of this ancient part of our state as a culmination of the English common law, where first applied in the beginnings of New England, to shape and develop the life forms of society and Christian civilization in its civil relations.

The record also discloses, in clear and precise features, the religious and Christian sentiments of the fathers of Lincoln County to have been eminently biblical in all phases of man's mortuary relations to the preg- nant future of human life. The facts of this record, in this respect, we deem quite remarkable.

As an outgrowth of pre-existing legal conditions of the history of this county, where first was appHed in New England the forces of the English common law as a colonizing agency, I propose to make the facts of such application and the incidents ot development a supple- ment to the legal records herein published ; which had origin in the charter of April lo, A. D., 1606 ; practically enforced on the peninsu- la of Sabino, now Sagadahoc, in seizen and possession, under the English theories of valid land title in A. D. 1607 ; and further devel- oped at Pemaquid and Sheepscot, when Lincoln County was an inte- grant part of Ducal Territory to 1689 ; and the organization of Lincoln Bar.

COLONIAL CHARTER. April lO, A. D., 1606.

Expansion and application of the English common law as a coloniz- ing force and antecedents.

UNDERLYING FACTS. A. D. 1 49 2.

The fact of the existence of a continent in the west had been revived and certified to the nations of Europe by Columbus.

The next year, 1493, the newly discovered lands were partitioned to

IV INTRODUCTION.

Spain and Portugal in virtue of alleged Divine vice-geral domination in a dotal act of Pope Alexander VI. These facts startled and excited Europe. The legal soundness of land title so acquired was questioned, as matter of international law. France wanted to find Adam's will and see the clause warranting its exclusion to a share of the new world.

England protested : appealed to natural right and justice : declared there was no good title in land without possession in newly discovered countries.

It was her common law doctrine of "seizen and possession," as ap- plied to her popular homestead holdings.

The international conflict raised grave questions of right. England pressed the issue with incisive diplomacy.

The British Lion shook his mane ; and bristling with resentment at the wrong of Papal presumption, roared, — "preso-iptio sine posscs- sione, hand valcai" and made preparation to force her common law postulate of homestead holdings into the international code and have it applied to trans-atlantic interests in defiance of the Pope's authority and in derogation of his assumed right in giving away the lands of the newly discovered world.

The English doctrine was novel. It was also revolutionary. The conflict deepened. Spain was supreme in prestige and power on sea and land, and also a petted child of the Church of that day. The issue of trans-atlantic titles had become national. England was reso- lute. The issue narrowed. Spain led off, the champion, not only of her dotal title, but also of Divine vice-geral authority in the Pope. More than a century* had passed the Papal grant, when the Eng- lish Parliament declared, that by law of nature and nations, seizen and possession were sole grounds of good title to newly discovered lands. In 1580,! this postulate of her common law was officially declared. The doctrine of possession, as the ground of perfected right in lands abroad, as well as at home, had become a battle ground of statesmanship and diplomacy in the legal arena.

CRISIS. A. D. 1588.

The argument was ended. Spain resolved to cut the Gordian knot

with the sword. She marshalled an "Armada," — arrogantly called, "the

invincible", — entered the English Channel, with all the pomp and pride

of a Divine mission, the 19th of July. England gathered her ships of

♦Holmes' Annals, vol. I, p. I. tPoor's Vindication, p. 9.

INTRODUCTION. V

war, and massed her guns to meet the issue. Battle was joined the 2 1 St day of July. Drake led the English manoeuvres. Fifteen different* engagements were fought. The conflict continued to the 27th of July, and Spain lost five thousand men and seventeen ships of war. Eng- land burned and sunk, and storms scattered, the Armada of Spain ; and her naval supremacy went with it ; and England became herself mis- tress of the sea.

Spain, to crush England in her presumption, had failed and fallen in the struggle. The Pope's dictum and dotal, heretofore regarded and respected as the end of all law, went down with the "Great Armada." The issue gave force and effect to the doctrine of English "seizen and possession," as a guarantee of title to an American foothold in the new world.

The ancient doctrine of Papal Divine right, as an element of inter- national law, was thus over-ruled. Possession now became the ground of right to valid title in North America.

Thereupon the maritime nations pushed for discovery of eligible sites for possession and the English common law of seizen and posses- sion became a great colonizing force.

RESULTS. 1602.

Maritime restlessness in the west of England took shape in a voyage of discovery, by a new and untried route, to the American shores, di- rect in course west, as the winds would allow. The vessel was the "Concord," Bartholomew Gosnold, master. The result was that he made and touched the new world in a land full of hillocks, an "out- point of tall grown trees ahead, a rock-bound coast and shores of white sand in Lat. 40° N."

It was a sunrise view. A Spanish sloop with mast and sail and iron grapnel came along-side ; and the Indian seamen, some clad in Europe- an costume, came on board and chalked a map of the country on deck which they called "Ma-voo-shan."

Its attractions were noted, and reported in England ; and the land- fall marked, for further examination.

In 1605, a "new survey" was projected, and executed, by Captain George Weymouth, and returned before autumn. This survey resulted in the discovery of a magnificient harbor, the little River of Pemaquid, and the Saga-da-hock, the notable river of the Ma-voo-shan land-fall of the Concord's voyage of 1602.

*Teig's Chronology.

Vi INTRODUCTION.

These rivers, of this land-fall, at once became coveted points of commercial value to England, for seizure and possession, where the forms and forces of English common law, should be applied, in planting homesteads of the English race, in New P2nglard.

The report of Gosnold, the survey of Weymouth, fixed the English idea of desirable locality, for eminent domain, in a national act of "Seizen and possession," for a "great state project."

Spacious harbors, grand river tributaries, magnificent woods, abound- ing in sea-shore fisheries and beaver haunts, were the appreciated features of commercial promise, in the panorama, of the Mavooshan land-fall, for places "fit and convenient, for hopeful plantations."

Sagadahoc, the notable river of the Gosnold land-fall of Mavooshan, was the magnet of subsequent colonial and commercial activity, to the west of England communities.

Gosnold's "wooded out-point" of the Mavooshan land-fall, the bea- ver haunts of Pemaquid dependencies, Sheepscot and Muscongus, with Sagadahoc, environed with waters, "the strangest fish-pond of the western seas," land-marked by Monhegan and highlands of Penobscot in the east and the twinkling mountains of "Au-co-cisco," west, in 1606, had become a land of promise, to the commercial industries of England, as a seat of English Empire in North .America.

CHARTER OF APRIL 10, 1606 A. D.

Publicinterest and enterprise, took definite shape, 10 of April i6o6.

English purposes of seizen and possession then took form and ex- pression, in legal muniments of contract.

A corporation was organized under a crown grant composed of em- inent subjects of England.

The grant covered agreements. "We do grant and agree," were the words of compact. In tenor, it was a Royal license, hedged about with conditions precedent to future and further concessions.

The grantees, were government contractors. The transaction, was a conception, legal and formal, of valid title and permanent possession, covering a purpose of enduring foot-hold of the English race, at the points of seizen and possession, maJe.

The Christian nobility of England, joined the commercial agencies of her great seaports, in pressing government to participate in the en- terprise. "The wings of man's life are plumed with the feathers of death," was cried in the ears of Elizabeth, in urgency of national col- onization in the New World.

INTRODUCTION. VU

The Lord Chief Justice of the English Bench, Sir John Popham, headed the west of England movement, who is described as emin- ently* honorable and patriotic, and by the jealous Spaniards, a '^ Great Puritan." He manipulated the contract. The conditions were the making of habitations, leading out colonies of volunteer sub- jects of Great Britain, aiid planting them in "fit and convenient places." The contractors were required to "build and fortify" where they should inhabit, and could lawfully colonize only those of English citizenship, who would emigrate as volunteers.

The salient points of the contract of April lo, 1606, for seizing and holding actual and permanent possession of the American coast at and near the 44° N. E. are full and clear in purpose and plan. Gosnold's land-fall, the out-point of fair tall trees, little green round hills inland with the rockey shores of white sand, in the country of the Mavoo- shans was the contemplated "/(?(:«^ //;^z/^," of the colonial undertakings.

English voluntary colonization, domiciliation of the race, military occupancy of fit and convenient places herein and about the latitude described, were the avowed purposes of both the government and its grantees, the adventurers, of the charter license.

George Popham and Rawley Gilbert with other eminent men of English nobility, their heirs, assigns and successors, were executive agents, under the grant.

Such a colonization by them accomplished under royal stipulations, insured, a future endowment of plenary rights to the fruits of their un- dertaking in a crown deed, or patent to the section of country by them discovered and so seized and possessed, on their petition there- for.

The contract of the loth, April, 1606, pregnant with the forces of English common law at once began to unfold in starthig effective English colonization at two eligible points in the Temperate Zone of North America, north of Florida, in English cartography, marked "Virginia." Two* colonial adventures were organized under the con- tracts of April 10, 1606, known as "the first and second colonies.''

DUAL COLONIAL EXODUS.

The first sailed for Chesapeake Bay and seized the peninsula of Jamestown, on James River, May 12, 1607. (o. s.)

The second sailed May 31st, 1607, foi Mavooshan, landing at and

*Genesis of U. S. p. 45, Vol. I.

Vlll INTRODUCTION.

seizing the peninsula of Sabino, Sagadahoc, 20th August, 1607 "the place to which it was directed."*

The first act of possession, was a formal solemn consecration, in the public worship of Almighty God, with prayer, praise and a sermon on the spot chosen for a town.

One hundred and twenty colonies landed and stood there together, under the English flag.

The church of England, in canonical robes with hallowed endow- ments of state, in support of law, stood among them.

The sermon endorsed the transactions of state in progress ; with the bible in her right hand and in her left, the cross, symbolic of Christian faith, the church of England, by holy invocation, consecrated the place and sanctified the occasion ; and so set up the pillars of the new state on English constitutional grounds in religion and law, for a new English Commonwealth.

A civil polity was duly organized. A body of laws promulged. George Popham was nominated and inaugurated by oath of office not as a governor, or vice-roy, but as ^^ President,'' to hold and to wield the great function of sovereignty,as chief magistrate. Subordinate offi- cers were sworn in.

Then the President took a spadef and "Set the firstf spit of ground unto it ;" turning the sod, as a formal act of seizen and possession perfected by the formularies of English land title in "turf and twig," under the common law of England.

Of this colonial planting the first material fruits, were realized in an English village homestead of fifty houses, a ware house, a fort entren- ched and fortified with mounted cannon, a church with a steeple, ship- yard and thirty ton vessel on the stocks. These were the adornments of the shore margins, of the sheltering head-lands of Sagadahoc, at its mouth, where a permanent foot-hold was contemplated, and all the el- ements of English civilization in law and religion, the great civilizing forces of humanity were first combined and took organic form on the soil of New England.

*Two plantations, in virtue of Chief Justice Popham's agency were undertaken to be settled on the coasts of America, called the tirst and second colonies. The first was in the interest of London men and the second, the west of England. The second colony sailed on the 31st of May, 1607, under Capt. Geo. Popham and Rawley Gil- bert, for ".Seizing" the place to which they were directed. — Holmes' Annals, Vol. I, p. 155.

t Lambeth Palace Paiiers.

INTRODUCTION. IX

FIRST COURT OF LAW IN NEW ENGLAND.

The President and his sworn assistants constituted the first organized court of law. It had a seal. "Sigellum Regis Magnae Britaniae Franciae et Hiberniae," was the legend on one face. On the reverse, it ran : "F)'o Concillio Secundae Coloniae Virginae^'' and this court was within the ancient Lincoln County bounds.

LAWS.

''Tumults, rebellion, conspiracy, mutiny, sedition, man-slaughter, incest, rape and murder, were capital offences. Adultry, drunkenness, and vagrancy were punishable offences.

They all must be tried within the colonial precintsc. Magistrates were required to hold in suspense judgment on crime in aid of ap- plication to the king for pardon.

Records of judgments, were required to be set forth fully, as basis for appeals. Christian teaching and civihzation of the Indians were ordained of law, which also demanded, preaching of Christian religion as established by the English Constitution.

CHARTER RIGHTS.

Nucleus of American Polity.

All the rights of home-born English citizenship, were guaranteed to the residents of the Sagadahoc Town of Fort St. George. The writ* of habeas corpus trial by jury and the elective franchise, were assured rights. "These my loving subjects, shall have the right annually to elect dL President zxx^ other officers, possess and enjoy fo7-cver, the right to make all needful laws for their own gover?i?nenf^ were the precious words, of their constitutional charter.

In \\s,&yi^z.\i%\oxi, perpetual self-governing power, was an endowment of the Sagadahoc free-hold: — a boon of English constitutional law; an organic element in the civil life, of English Colonization, here first planted in New England. With these facts before us, it is no matter of surprise, that under President Popham's beneficient administration the Sabbath at Sagadahoc, was duly observed to God's honor in prayers and religious services,"morning and evening ;"and without doubt accord- ing to the venerable, reverential, decorous and exact formularies of the church of England : — whose solemn and devout forms of worship of the true God here first awed the savage mind and touched the savage heart. The fear and worship of God were marked features of that ad-

*Charter 1606. Menoval, p. 94.

X INTRODUCTION.

ministration. Sunday* Oct. 5 th, Nahanada and wife of Pemaquid, and the Indian Pilot of the Popham colony, a member of the Royal house of Ma- vooshan, and one Amenquin, a sagamore, went with President Pop- ham, to the place of public prayers, both morning and evening, attending with great veneration, reverence and silence."

This scheme of civil polity pregnant with the seeds of our subse- quent free institutions of the United States sown in it by force of English common law, first applied here in Maine to New England homestead life, was thus set to work out natural results, with the machinery of law and religion, into which the civilizing forces of Christian ethics fully en- tered to shape the embryo of out growing states.

Beneficient progress was made during the administration of Pres't Popham. The 15 th of December a dispatch was penned, in Mavooshan at Fort St George and sent to the King of England, announcing pres- ent success with sketching of incidents of promise in these beginnings of English homesteads at Sagadahoc.

It is in Latin and now extant, the usual language of State-papers of that day.

President Popham was an aged, but God-fearing man, "stout f built, honest, discrete, careful : somewhat timid, but conciliatory in demeanor. Popham was the life of the colony. Seymour, the colo- nial chaplain was eminent for his industry and honest endeavors. The same is recorded of Turner, the surgeon.

But Rawley Gilbert official representative of the London Element in the adventure, is described to have been of a jealous, ambitious turn, a sensual man of loose life, head strong, little religious zeal, poor judg- ment, little experience, though valiant. Sinister and selfish, he was a mischievous factor, in the colonial development. More or less fric- tion appeared ; but President Popham calmed and reconciled differ- ences, during his rule.f

On the 5th of Feb., 1608, Popham, whose conduct had impressed even the savages with his virtues died, probably the victim of a cli- matic convulsion. The last of January for seven hours, thunder, light- ning, fearful and frequent rain, snow, hail and frost in excessive and and awful succession, over whelmed with cyclonic and winter rigors, the little village of English free-holders at Sagadahoc.

But the hamlet survived the dire calamities of the season, to encoun-

*L. P. Mss. Journal, Mass. Hist. Col., p. 109, Vol. 18. +Gorges to Cecil, p. 286. Maine Hist. Quarterly, July, 1 891.

JBrown's Genesis United. States.

INTRODUCTION. Xjl

ter the caprice, irresolution and selfishness of succession in Gilbert.

The catastrophe of climate presaged not only the demise of the good president at Sagahahoc, but further fatalities. Though captain Davis declared on his arrival with new supplies in the spring he found "all things in good condition in the colony, many furs stored and the New Virginia — a pretty vessel launched, ready for sea, Gilbert, now in command had become restless and inclined to abandon the enterprise.

Notwithstanding the good condition of affairs at Sagadahoc, Gilbert proposed to leave Fort St. George and return to London,

The proposal met the sympathies, at least of the London people in the colony ; and the London ship Mary and John and the pretty Vir- ginia, whose master builder was Digby of London, were laden with col- onists in sympathy with their chief, and sailed away homeward bound about Oct. 8, 1608, and the settlement on the River of Sagadahoc was broken up.

The corporation dissolved. Its president Popham, buried within the precincts of Fort St. George, was left, where no doubt his ashes re- main, mingled with the soil of Maine — at the mouth of the Kenne- bec— the ashes of the first dead president, as a chief Magistrate in the United States.

The colonial life at Sagadahoc lasted a little over a year, or to Oc- tober 8, 1608. Lord Chief Justice Popham, had also died. His son and heir Sir Francis, succeeded to his father's estate and interest in the colonial undertakings.

The Popham families, especially Sir Francis, son of the Chief Justice, who had contrived the scheme of English homestead possession in the New World, valued the legal advantages gained at so much cost, and determined not to lose the legal benefits, that by seizen and possession of the continent he had taken, had been acquired.

The Popham ship and her tender (the fly- boat,) Gift of God (whose log has not been recovered) was in at the colonial debarkation and aided in the colonial transactions taken at Sagadahoc. There is no clear record of her return, on the sailing of the Mary and John.

Sir Francis protested the Sagadahoc abandonment. The record is "he would not so give over the design of the undertaking abandoned ;" but withdrew the ships and provisions remaining in his possession, and did, diverse times after, send* to the sayne coast for trade and fishing.

*2d series, Vol. 5, Mass. His. Coll. p. 37. Gorges.

Xll INTRODUCTION.

POPHAM AT PEMAQUID.

The Popham ships, were therefore kept employed within the pre- cints of the colonial posessesion, after Sagadahoc had been evacuated. But where? Here starts the thread of the legal continuity of the life of the Popham colonization, its expansion and holdings, as recorded by Strachey and Hackluit and Gorges.

"To the* north in the height of 44° lyeth the country of Pemaquid : — the Kingdom wherein our western colony upon the Sagadahoc, was sometime settled^

"The firstf place ever possessed by the English in hopes of making a plantation, was a place on the west side of the Kennebec, called Sagadahoc : — other places adjoining, were soon after seized and improved in trading and fishing." The French J reported {Pemcuit) Pemaquid, viz.^ \ht ^irst point which was occupied by the English.'" Eight years after the abandonment of Sagadahoc and the Popham protest, history lifts its curtain on further Popham transactions, in holding possession of the colonial seizings.

A. D. 1614.

The Popham ship in the interest of Sir Francis, son of the Lord Chief Justice and heir of his estates is found in an established business, on the east shore of Pemaquid under Monhegan Island where a port had grown up, out of the fur trade and fisheries, which for many years be- fore 1 6 14, had been used by the Pophams alone.

The Earl of Southampton was concerned with the Pophams in the business enterprises here.

PEMAQUID. Land Titles. A. D. 1625.

Brown's purchase opens the next view of legal procedure within the limits of the Popham establishments on the coast of Maine. The tide of English emigration had already covered the environings of "Pop- ham's Port," and attracted the commercial enterprise of the commer- cial centers of England. The lands had acquired marketable value.

The Mayor of Bristol, England, and the mercantile house he repres- ented bought up the lands at and about the mouth of Pemaquid River, on the Sagadahoc side of Pemaquid. The Bristol firm of "Aldworth & Elbridge" laid out a fishing plantation on their purchase at Pemaquid

*Strachey Trav. in Va. Hacklint Papers.

tlluhbard Indian Wars, 1676, p. 246.

JMons. (."adillac, 1671. M. His. Sue Cull., vul i, p. 2S2.

INTRODUCTION. Xlll

Harbor ; and Abraham Shurl, their agent, represented the firm in their business and was a civil magistrate. With an eye to the thrift and progress of the Popham Pemaquid settlements, the extent and growth and permanency of agricultural industries, then and there. Brown's purchase, suggested legal confirmation ; and on the 24th of July, 1626, Brown's Deed was duly executed by acknowledgement and record in the exact formularies of the English common law, before and by Abra- ham Shurt, at Pemaquid : — the first transaction of the kind in New England if not in all North America.

The Pemaquid settlements, says Thornton, in 1629, "were larger and more important than Quebec."

Abraham Shurt stands eminent as a man and magistrate. His in- tegrity was incorruptible. On his word the Indians relied with filial faith. East and west and in the Bay settlements, mid rivalries and competition, he conducted a native and foreign trade with skill and success. History has left neither touch or shade of taint on any of his transactions.

A. D. 1631.

A proprietor's court replaced the Shurt magistracy at Pemaquid un- der seal of patent authority of the crown ; and Thomas Elbridge, a man of small stature, presided ; and to it the residents of Monhegan and Damariscove resorted for legal redress to about 1647.

The charter powers of the Pemaquid civil organization were granted with a view to replenish the deserts with a people governed by laws and magistrates," as expressed in the grant.

The administration of civil affairs contemplated a nearly pure de- mocracy. The laws and ordinances were required to be executed by such officer and officers as should be chosen by the majority of the popular voice. The principle of a majority rule was the governing element of the civil polity. It prevailed up to the 5th of Sept., 1665.

The 1 2th of March, 1664, the Pemaquid Country and dependencies were assigned to James Duke of York by Royal grant. The Ducal Province was erected into a civil organization as the county of ''Corn- wall" appurtenant to New York by a Royal commission, Sept. 5, 1665, at the house of John Mason, Sheepscot Farms ; and Sheepscot Farms were organized into a shire town named, "New Dartmouth." Col. Richard Nicols had been designated governor of the Ducal Province, but before he could enter on his duties was killed in a naval battle with the Dutch, 1672. The civil affairs of Pemaquid, meanwhile fell into

XIV INTRODUCTION.

confusion, till Governor Lovelace assumed command.

Pemaquid, Muscongus, and Sagadahoc, now consolidated into a county, justice was administrated by a duly organized Court of record, called the court of "General Sessions", whose sittings were held the last Wednesday of June and the first Wednesday of November at Jamestown of Pemaquid and by circuit at New Dartmouth. Henry Jocelyn, Esq., was Chief Justice and Rev. Robert Jordan, Thomas Gardiner of Pemaquid, William Dyer of Sheepscot, Nicholas Raynal, associates.

Sullivan says this court had jurisdiction in matters ecclesiastical; and in the event of disagreement. Justice Jocelyn decided the issue.

Walter Philips was Clerk of Courts at New Dartmouth, and William Short for the Sessions at Pemaquid. Books of Record were duly kept at both places, entitled : "Rolls of acts and orders passed at sessions holden in the territories of the Duke of York." John Allen of Sheep- scot was High Sheriff.

Precepts ran, to Constables or Sheriffs, as follows, viz :

Greeting : "By virtue hereof you are required in his majesty's name and under authority of his Highness, Duke of York, to apprehend the

body or goods of Deft, and take bond for value of with sufficient

surety or sureties, for his personal appearance at court, &c., &c., then and there to answer unto complaint of A. B. for not yielding a debt or due-bill, bearing date, &c., * * *. Hereof fail not as you will answer it at your peril, &c." Return. "I have attached the body of A. B, and taken bail for his appearance at next court to answer to the complaint of B. C. in an action of the case. This is a true return." (Signed C. D. official.)

Walter Philips, clerk of the New Dartmouth sessions, first appears a resident at the mouth of Damariscotta River on a place called "Winne- gance," (Indian carrying place to Pemaquid) in March, i66o. Thence he moved to the "oyster banks" above the site of Newcastle, near lower falls and purchased a large landed estate of the Indians embracing their Ped-auk-gowack (place of thunder) and made large improve- ments. His orchards yielded apples to the fugitives of King Philip's ■war in 1676, on their flight to Pemaquid. His book of Records are lost. He fled to Massachusetts, resided in Charlestown and died there in 1680.

Chief Justice Jocelyn originally came to Black Point, Scarboro, 1635 ; from England, 1634, as agent for John Mason, then resident on the Piscataqua, of Gorges' Province of Maine.

INTRODUCTION. XV

He was son of Sir Thomas Jocelyn of Kent, Knight, and of noble blood. He made an incomplete survey of interior wilds, then mar- ried the widow of Captain Cammock of Scarboro. The marshes of Scarboro made it attractive to early immigration for settlement, as did the marshes of Sheepscot farms in the Ducal Province of Pemaquid. These marshes stimulated the earliest agriculture.

Commissioned by Sir Ferdinando Gorges, Jocelyn first sat as Judge at Saco, 25 March, 1636, under the administration of Sir William, son (Governor) of Sir Ferdinando, of his Province of Maine. One of his first judicial orders was made in the interests of temperance. "Any man that doth sell strong liquor, Wine, &c., shall suffer his neighbor, laborer or servant to continue drinking in the house, said offences being seen by one Justice of the Peace or constable, or proved by two witnesses before a Justice of the Peace, such seller of strong drink, or wine, shall forfeit for every such offence, ten shillings."

In 1639, Jocelyn was nominated Counsellor of the Province of Maine and authorized to try all causes coming before him ; and also to act as Deputy Governor, under Gorges, in exigencies requiring the exercise of such office. This eminence in public affairs and in the confidence of Gorges made him an object of special surveillance with the Bay state authorities.

MASSACHUSETTS USURPATION.

In 1668, a crisis was reached in a conflict of jurisdiction between Gorges and the Massachusetts administration in Maine, Issue was made at York on the 6th of July and turned on the exercise of judicial authority in Gorges Province of Maine, then limited in its boundaries to the east shores of Casco and Merrymeeting bays.

The day before court sat at York, men from Massachusetts, heralded and escorted by a troop of horse, entered the town, announced as "Mas- sachusetts Commissioners."

Jocelyn and his associates met the new-comers with courtesy. The Massachusetts men, thereupon, warned the Maine Judges not to oppose their proceedings, and repaired to the meeting-house to open their court.

Jocelyn and the King's Judges thereupon seized the meeting-house steps, and had proclamation made to hear the King's commands.

The Commission within, hearing the crier's call, "bade all persons having his Majesty's commands and showing them in court, the court

XVI INTRODUCTION.

would be ready to hear the same." Nevertheless, on account of the pressure of business, the reading thereof could not be heard before the afternoon.

An adjournment for dinner followed. While the Massachusetts in- truders were eating, Jocelyn and the associate Maine Judges entered the meeting-house and sat on the benches, holding the judicial seats.

Informed of this, the foreign commission left their dining tables, rushed into the church and took seats beside the King's Magistrates ; and now refused to read or hear the King's commissions.

Jocelyn and the* Maine Judges thereupon, in the interests of peace withdrew and abandoned the ground, making the record : "Massachu- setts entered the Province of Maine in hostile array ; turned the Judges of the King and Gorges off the bench ; imprisoned the commander of the militia ; threatened the judges and friends of Gorges, and usurped the judicial authority of Maine."

Jocelyn left Maine and took residence in the Ducal Province of Pemaquid ; and in August, A. D., 1677, we find him there holding court as Chief Justice.

He was respected, honored and trusted by royal authority. Gov- ernment assigned to his choice any lot at Pemaquid he might desire for building himself a house and ^10 out of the public treasury, with provisions out of the public supplies, and orders, further, "that his rent should be paid if he elected to hire a house." These provisions were made for his support in June, 16S0.

Three years after, 1683, his demise at Pemaquid is reported to the public authorities with regret.

Eminent for loyalty to the crown, for peace and good order, fidelity to his public trusts, clearness and uprightness, Chief Justice Henry Jocelyn died in his judicial robes, unsullied, and was buried at Pema- quid between the 24th of August, 1682 and May 10, 1683, where his ashes repose to this day.

The restraints of law were loosened in his death.

A commercial town had grown up around Fort Charles called James town, at Pemaquid Harbor, from the Aldworth and Elbridge Planta- tion, and the trade of Popham's port, now a suburb.

Public necessity required filling the vacant seat of Justice, and Thomas Giles was thereupon commissioned as Chief Justice of the Ducal Province, appointed, among others, 28th April, 1684.

♦Mass. purchased Maine, May 6, 1677.

INTRODUCTION. XVU

Thomas Giles seems to have been a land holder at Pemaquid, resid- ing near the Fort, a strict observer of the Sabbath, and otherwise a conscientious, God-fearing man and officer of the law. He had much difficulty in correcting abuses at the Fort. During his administration the Revolution of William and Mary in England set in, ending the Stuart Dynasty and the jurisdiction of the Duke of York, in Maine, 1689.

The French were on the alert to defeat the accession of William and Mary to the English throne, and stirred up their Indian allies to im- prove the opportunity of the public confusion and consequent anarchy.

Combined, they planned an invasion to overthrow British rule and seize English strong-holds in the Ducal, Province and subdue the old County of Cornwall.

Judge Giles, on the 12th of Aug., 1689, had gone to his farms at the Falls of Pemaquid with his little boys to superintend finishing his har- vest of hay and the hoeing of his corn-fields. It was noon. Dinner had been served to his workmen. Giles and the boys were still at the farm-house, the workmen having dispersed to their labor.

Suddenly the guns of Fort Charles boomed an alarm. All were startled. The Judge hoped it heralded good news of re-inforcements at the Fort — return of the soldiers, who had been drawn off. The next moment savage yells and the war-whoop, with volleys of musk- etry from hills in the rear, broke on the ear.

This din of war brought the Judge to his feet, crying, "What now — what now?"

It is the story of a child, his youngest boy, an eyewitness. His father seemed to be handling a gun.

Moxus, Sachem of the Kennebec, led the fray. The child fled. Pursued by a painted brave, with gun and cutlass in hand, the glitter of which dazzled the child, who fell, was seized and pinioned. Led back to his father, he saw him, walking slowly, pale and bloody. The men at harvest were shot down where they stood, or on the flats with others, tomahawked, crying, "O Lord ! O Lord !" The captives were made to sit down till the slaughter was ended and then were taken towards the fort on the east side of the river, a mile and a half distant. Smoke and crash of fire-arms were, on all sides, seen and heard. The old Fort, in loud roar of its cannon added to the din and dismay of the captives.

Judge Giles was brought in. Moxus expressed regrets saying strange Indians did the mischief. Giles replied : — "I am a dying man. I ask

XVIU INTRODUCTION.

no favor but a chance to pray with my boys." It was granted. Ear- nestly commending them to the care of God with calmness of assuring faith he took leave of his children with a blessing and counsel, en- couraging them to hope for a meeting hereafter in the better land. Pale with the loss of blood now gushing from his shoes and tottering in step he was led aside. We heard the blows of the hatchet but neither shriek or groan added the child. Seven bullets had pierced his body, which was buried in a brush heap where he fell.

The captives were taken into a swamp in view of the Fort where the smoke and thunder of battle raged till surrender was made and the town fired and some twenty houses burned. The French record of these transactions is : "that at the first tidings of the sudden attack, the Fort opened fire with all its cannon but it did not deter the Canabis (Kennebec Indians) from getting possession of ten or twelve stone- houses forming a street from the village square to the Fort." They then entrenched themselves, partly at a cellar door of the house next the Fort, partly behind a rock on the sea shore and from these two points kept up such terrible fire of musketry on the Fort from noon till evening of the 14th no one* durst appear openly."

This catastrophe ended the civil, religious and industrial existence of old Cornwall of Pemaquid and dependencies, and of the commun- ities of Popham's Port, Aldworth and Elbridge's Plantation and the Sheepscot farms of near seventy years standing and growth. Thus the ancient aristocratic organizations, social and civil, all passed away in old Cornwall.

The people were all killed, captured or scattered ; their flocks of cattle and stores of grain left to plunder and waste.

More thant one hundred miles of sea coast adorned with flourishing settlements, improved estates and comfortable homes were made waste and became desolate. Tide deeds, town and court records were burn- ed and lost, and even the sites of ancient plantations soon turned to original solitudes.

REVIVAL.

A. D. 1 7 13 the success of the British arms led to the treaty of Utrecht and the acquisition of Acadia. Peace followed.

The fugitives in Massachusetts from the ancient dominions of Maine combined for return to their war-wasted possessions.

♦Shea's Charlevoix, vol. 4, p. 4I. twill. Hist., vol. 2, p. 80.

INTRODUCTION. XIX

Government of Massachusetts determined to aid the re-settlement, of Maine, the restoration of ancient homesteads and to quiet conflicting claims.

Maine, with the Ducal Province of Pemaquid, had become the pro- perty, of the Bay State and were merged in one jurisdisction. The plan of concentrated population on three or four acre lots at the sea- side in families, with outlying pasture ground, was recommended.

This village system developed the defensive architectural device of "Garrison houses," as places of refuge in time of peril. Sagadahoc retained its ancient influence and attraction as a re-peopling center. Its sandy and rocky shores, as of old, were magnets to popular resort, and Government would permit a return of inhabitants to no other point, initial, to re-occupancy of the "Eastern parts."

A. D. 1714.

The heirs of Clark and Lake of old Arrowsick, at the head of a cove opposite Drummore of Phipsburgh Centre, started re-settlements to recover the ancient island possessions.

John Watts of Boston built there a garrison of bricks brought from Medford, Mass., with flankers mounted with cannon, a refuge for fam- ilies, gathered, under cover of the guns of the garrison.

It became the nucleus of an organized township and was named Georgetown, incorporated 1716.

Land-holders and government stimulated re-peopling the new town.

Capt. John Penhallow was assigned to command the garrison. Old Georgetown fostered thus, continued to grow, and was made the shire, east, of the newly organized York-Shire County, into which Maine was converted. It was the capital of the valley of the Kennebec ; and the seat of legal authority, to the resettled wastes of the "Ancient Domin- ions of Maine."

A. D. 1728. Samuel Denny, an English emigrant, built himself a block house, near Butler's Cove, and the Watts' Garrison ; and acted as a civil mag- istrate. Denny was a man of education, of industrious habits and decision of character. He sat as Judge and acted as his own bailiff, at court. It was currently reported, that the stocks, as late as 1833, were remembered, wherein the sentences of his own court were exe- cuted by his own hand. John Stinson of Arrowsic, was also a Magis- trate of Yorkshire : and Jonathan Williamson of Wiscasset, sheriff, whose precepts and record of service, survive to this day.

XX INTRODUCTION.

Justice Stinson was a staunch loyalist in Revolutionary times.

Gushing of Pownalborough sent officers to make his arrest. The charge* was treasonable acts ; for which orders were issued to bring him before the court.

Stinson armed himself, and resisted effectually the officer's attempt to make his arrest. His wife, ready to be confined, was so shocked at the assault and resistance made by her husband, she fell sick and died.

For more than a quarter of a century, "Old Georgetown" stood the capital of Eastern Maine, and the center of the administration of the law and justice, as a shire of old Yorkshire.

I^nd-holders of the old Plymouth, Kennebec purchase, were active in bringing their lands into notice for settlement, and agitated, a divi- sion of Yorkshire, and the erection of its eastern fragment into a new county. On the 19 of June, 1760, the agitation bore fruit. The Gen- eral Gourt organized a new county, and called it Lincoln ; and incor- porated Wiscasset Point, New Milford and Dresden, into a town called Pownalborough for its shire.

A court-house and jail of hewn timber were built, in the west pre- cinct of the New Shire ; and so Lincoln, succeeded to Old Gornwall Gounty of the Ducal Province of Pemaquid and dependencies.

A legal organization of higher jurisdiction and forms of procedure was created and organized into Lincoln Bar. It retained the Old Gornwall style, a court of sessions ; and held its sittings second Tues- days of June and September. Samuel Denny, William Lithgow, Aaron Hinkley and John North, were Justices presiding. William Gushing, Jonathan Bowman, Joseph Patten, James Howard and John Stinson, Esqrs., were also Magistrates.

A. D. 1762. Orga7iization.

"Lincoln ss, Anno Regni Regis Georgii Tertii, Magnae Britanniae, Franciae et Hiberniae Primo" was the opening record of the first session ; and the first order designated Jonathan Bowman, clerk.

At His Majesty's Gourt of General Sessions of the Peace held at Pownalborough, within and for the Gounty of Lincoln, on the first Tues- day of June, being the first day of the month A. D. 17C2, it was fur- ther "Ordered (at said session) that a Seal presented by Samuel Denny, Esqr. the Motto whereof being a Gup and three Mullets, being the lawful Goat of Arms of the said Denny's Family with said Denny's

♦Fron. Miss, p. 265.

INTRODUCTION. XXI

name at large in the Verge thereof, be accepted and that it be estab- lished to be the common Seal of this Court."

A. D. 1786.

Lincoln county had grown in importance and its necessities in mat- ters of law required an enlargement of judicial facilities.

By act of legislation, the courts for Lincoln County were extended and enlarged in jurisdiction, by sessions of the Supreme Court of Mas- sachusetts directed to be holden at Pownalborough, this year, Chief Justice Cushing, Judges Sargent, Sewall and Sumner, presiding.

AT WISCASSET POINT.

In 1 794, further changes were made ; and the court ordered to hold alternate sessions at VViscasset Point and at Hallowell. The change was inaugurated, and its first session held under Judges Paine, Sumner and Dawes. The inauguration of the above change, in incidents of an- cient judicial formularies, we give from the late Chief Justice Weston.

Three sheriffs in cocked hats, girt with swords, holding long white staves, guarded the court and led the way in procession followed by the bar, and at Hallowell, marched to court at the beat of a drum. Its formularies of procedure were imposing and dignified. From that day to this, Wiscasset Point, has been the seat of legal administration of Justice for the communities, (except lately Sagadahoc,) occupying the territories, of the ancient aristocratic Jurisdiction of Cornwall, of the Ducal Province of Pemaquid and dependencies.

Thus we have sketched the leading facts and incidents, of the be- ginnings of jurisprudence out of which has grown the mortuary record now published to the world.

RUFUS KING SEWALL. Wiscasset, March 16, 1895.

Note. The landfall of Gosnold in the "Concord" in 1602 was in latitude 430 44' N. See p. V where it is erroneously printed 400 N.

ERRATA.

Page 3 line 35 after Disallow omit &.

14 for 72 read 92.

32 after she insert may. 29 for 74 read 174.

3 for 42 read 142. 35 for and read all.

38 for 1767 read 1768.

33 after third insert part.

1 2 after by insert my.

19 for 1766 read 1769. 21 for 28 Sep. read 20 Ap. 23 before arrive omit shall.

15 before sound insert a. 7 before as insert free.

4 for into read unto. 10 at end of line add fry- ing pan.

17 for Carlton read Clark.

39 for 269 read 262. 29 before mortality insert

the. 37 omit any. 9 for the read all 4 for James Fulton read

John Fulton.

1 3 after that insert my. 7 for G read &.

20 for 3 read 30. 25 for eighteenth read

eighth. 31 omit that. 25 for reocking read re-

vocking. between lines 26 and 27 insert

Item I give and bequeath to my beloved Son Uriah the Sixth part of all my Real Estate after my vvifes Decease Item I give and bequeath to my beloved Son Peter the Sixth part of all my Real Estate after my vvifes Decease

95 20 for Mary read Jerusha.

97 37 fo"^ know read known.

99 25 after County insert of.

99 31 for Lots read Lott.

104 2 after same insert sum.

107 37 omit all after sureties.

107 38 omit all before Inven-

tory, no 12 for 1782 read 1 781.

1 10 19 for Nov. read Oct.

115 16 after other insert said.

125 9 for 1774 read 1784.

II

14 16

25 26 28 29

35 38 38 40

41

47 56 57

65 69

71

71

72 73

74 77 84

91

94

136 141

142 »45

147 160 162

163

168

175 176

176 181 183 188 190

190

190

198 206 207 212

213

215 216 221 226 227 229 238

240 251

264 298 33^ 337 337 339

343 349

354

7 after And insert I 28 for Heyard read Iley- wood.

19 for Cod read God.

28 for Eightenth read Eighten.

35 for IV read V.

31 for 2786 read 1786.

24 for Mary read Sarah.

32 for 437 read 247. 26 for in read an.

20 for so read as.

16 after Gave insert it.

36 for Jabex read Jabez.

18 after I insert now.

39 for Kiver read River.

19 for VI read VII.

1 for constute read con- stitute.

34 for Consttute read

Constute. 36 after Dissannul omit

and. 1 2 after my insert beloved. 28 for 1794 read 1 79 1. 4 for 1891 read 1791.

4 for except read except- ing.

40 for Daughter read Daughters.

5 for in read of.

25 after law insert is.

2 for VII read VIII.

33 for 1795 read 1792. 16, for 1795 read 1796.

21 omit all after [V, 197.] 9 after ^^200 : i : 2 insert

[VIII, 121-122.]

22 after time insert then.

27 after 1795 insert [VI, 42.]

39 for 1790 read 1796. 30 for ^13.92 read $139.92.

34 for And read Ann. 4 for 18 10 read 1800.

34 omit real.

28 for Samuel read Dan- iel.

38 for 1800 read 1804. 25 for 2824.75 read $624.-

75- 24 for votes read notes.

LINCOLN PROBATE RECORDS.

ABSTRACTS

FROM THE

Heeopds of the Probate Court at Wiseasset,

LixcoLx County, INIaixe.

County Ineoppofated June 19, 1760.

The numeral letters and tigures enclosed in lirackets refer tu volumes and folios of records.

Humphry Purrington, late of Georgetown. Nathaniel Purrington, of Georgetown, Adm'r, 14 Nov., 1760. William Philbrook, blacksmith, of Georgetown, and Philip Aubens, of Brunswick, sureties. [I, i.J Inventory by James Thompson, Isaac Snow and Nathaniel Larrabee, all of Georgetown, 16 Mar., 1761, ^£124 : 18 : 7^4- [I, 2.]

Louis Cavelear, late of Pownalborough. Mary Cavelear, of Pow- nalborough, widow, Adm'x, 10 June, 1761. [I, 2.] Inventory by Jonas Fitch, James Bugnon, and Francis Ridley, [Rittal] all of Pownalbo- rough, 10 June, I 761, ^48 : 9 : I. [I, 3.]

James Fredrick Jacquins, late of Pownalborough. Margaret Jacquins, of Pownalborough, widow, Adm'x, 10 June, 1761. [I, 3.] Jonas Fitch and Abner Marson, sureties on bond. Inventory by Jonas Fitch, Jacques Bugnon and Francis Rittal, 10 June, 1761, ^67: 10: 6. [I, 4.] Accounts filed 26 Apr., 1763. [I, 32.] Christopher Jakin chose Margaret Jakin to be his guardian, 3 Apr., 1764. [I, 52.]

John Blithen, late of (Georgetown. Hannah Blithen, of Georgetown, widow, Adm'x, 8 June, 1761. [I, 4.] Inventory by John Parker and Joseph Mackentier, both of (Georgetown, 7 Aug., 1761, ^128 : 5 : 11. [I, 14.] John Parker and Joseph Mclntire, commissioners to examine claims. [I, 16.] Accounts filed 23 Feb., 1763, [I, 30,] and i Oct., 1763, at which latter date the administratrix had become the wife of David Curtis, of Harpswell. [I, 38.]

2 LINCOLN PROHATE RECORDS.

William Robinson, late of Topsham. Margaret Robinson, of Tops- ham, widow, Adm'x, i6 June, 1761. Ezra Randal and Richard Knowles, sureties. [I, 5.] Inventory by Ezra Randall and Richard Knowles, 16 June, 1761, ;,{^i76 : 9 : 5/^. [I, 6.]

Solomon Hopkins, late of Newcastle. David Hopkins, of Newcastle, Adm'r, 11 Sept., 1761. [I, 7.] Inventory by Benjamin Woodbridge, John Cunningham and Samuel Nickels, all of Newcastle, 11 Nov., 1761, /^iSo : 2 : 6. [I, 15.] Account filed 4 061., 1763. [I, 41.] Order regarding real estate, 4 Sept., 1765. Grandchildren : Solomon Hopkins, Mary Hopkins, Martha Hopkins, Agnes Hopkins, Jennet Hopkins, children of eldest son, William ; David Hopkins, and Mary Wood, children of Solomon. [1,112-113.]

William Huston, late of Walpole. Ann Huston, of Walpole, widow, Adm'x, 27 Aug., 1 76 1. [I, 7.] John Stinson, of Georgetown, and James Huston, of Walpole, sureties. Inventory by William Millar and Robert Huston, both of Walpole, and James Brown, of Newcastle, 19 Oct., 1761, ^1^346 : 15 : 1 1. [I, 1920.] Account filed 5 Sept., 1764. [I, 61.]

William Hopkins, late of Newcastle. Mary Hopkins, of Newcastle, widow, Adm'x, 22 Sept., 1761. Peter Paterson, of Newcastle, and Robert Cocheran, of the East side of Wiscasset Bay, sureties. [I, 8.] Mary Hopkins, widow of William Hopkins, appointed Guardian to Solomon, Mary, Agnes, Jane, and Martha, children of said William ; Robert Hodge and David Given, both of Newcastle, sureties. [I, 10.] Inventory by Robert Hodge, David (iiven and John Cunningham, all of Newcastle, 18 Nov., 1761. ^^261 19:3. [I»i3-] Account filed 4 061., 1763, at which time the widow had become wife of Hugh Holmes, of Newcastle. [I, 39.] Partition of real estate by Benjamin Woodbridge, David Given and Alexander Campbell, committee, 15 06t., 1 77 1, [II, 68 to 70,] at which time Jennet or Jane had become the wife of David Somes.

In The Name of God Amen: the Twenty Ninth Day of May 1761, I Nath'll Donnell of George Town, Gentleman In the County of Lincoln, Being very Sick & Week In body butt of Perfe6l Mind & Memory Thanks be to (iod therefore Calling Unto Mind the Mortality of my Body & Knowing that it is Appointed for all Men Once to Dye Do Make & Ordain This my Last Will & Testement that is for to say Principally & first of All I Give and Recomend my Soul Into the

LINCOLN PROBATE RECORDS. 3

Hands of God that Gave it & for my body I Recomend it to The Earth to be Buried In a Christian Like manner at the Discreation of my Executor Nothing Doubting but at the Generall Resurre6lion I shall Receive the same by the Mighty Power of God — & as Touching Such Worldly Estate Wherewith it has Pleased to Bless me In this Life I Give Devise and Dispose of the same In the following Manner & form Imprimis It is my will & I Do Order that In the first Place all My Just Debts & Funerall Charges be paid & satisfied Item I Give To my well Beloved wife Elizabeth the Income of all My Estate During Her Life & After Her Decease she is for To Give Unto my Daughter Elizabeth all the Housold Stuff — & Likewise I Give Unto my Wife all my Cattle sheep & stock for To be at Her Dispoasall as She shall think proper — & Likewise I Do Appoint my Wife Elizabeth my Sole Executor.

Item I Give & Bequeath Unto my Well Beloved Sons Benjamin & Thomas All my Lands Where I Now Dwell Bounded on Long Reach & Runing Over to New Meadow River & for the same for to be Devided Between them : Each One Half & for them Two. I Appoint that they Choose a Committee for to Devide the Same if they Cannot Agree them Selves — Item I Order & Appoint that my Two Sons Benjamin & Thomas pay Unto my Son Nathanell thirteen pounds six shillings & Eight Pence LawfuU Money : & Likewise LTnto my Daughter Elizabeth Six pounds thirteen & four Pence LawfuU Money to be paid by Them after the Decease of my Wife — & Furthermore I Give & Bequeath Unto my Son Benjamin all my Right Title & Interest In an Island Lying & Known By the Name of Jewells Island In Casco bay So Called — Item I Give & Bequeath Unto my Son Thomas an Island Lying In Sheepscoot River Where my Son Thomas build a House Lying Near to Resqueaghean Island or Parkers Island so Called — Item I Doe Hereby make a Reserve out of the Lands I have Be- queathed Unto my Two sons Benjamin & Thomas a Certain Piece of Land Where the Meeting House Now stands for the Use & Service of said Parrish, the Same Containing about Three Quarters of one Acre or thereabouts

1 Do Hereby Uterly Disallow & revoke & Disannull all & Every Other former Testaments, Wills Legaces & F^xecutors by Me In Any Ways Before this And No Other to be my Last will & Testament

In Witness Whereof I have Hereunto Sett my hand cS: Seal the Day

& Year Above Written

Nathaniel Donnell (Seal)

4 LINCOLN PROBATE RECORDS.

Signed Sealed Published

Pronounced & Declared By the

said Nath'll Donnell as his

Last Will & Testament In

the Presence of Us the Subscribers,

Sam'U Todd

Meecres Carr His James J M Mickels Mark

Probated 8 Dec, 1761. [I, 9.]

Inventory by John Shaw, Elisha Shaw and James Michaels, 14 June 1762, ^222 : 15 : 10. [I, 23.]

Hezekiah Purinton, late of Georgetown. Isabella Purinton, of Georgetown, widow, Adm'x, 7 Dec, 1761 ; Charles Gushing and Joshua Purinton, sureties. [I, 13.] Inventory by Aaron Hinkley, James Thompson and Isaac Snow, all of P>runswick, 15 Jan., 1762. [I, 25.]

In the name of God amen I Patrick Drummond of Georgetown within the county of York and province of the Masachusets bay in new-Ingland gentelman being very weke of body but of sound minde and memory thanks be to God for it and knowing that it is appointed for all men onse to die do therefore take this opertunity to make this my larst will and testament in maner and form following in tne first plase I give and bequeth my precious and Kmortal soul into the hands of Crod who gave it me and my body I Recomend to the Earth to be buried in desient christial burial at the discretion of my dear wife and my dear son Elijah and to be born by them in Equal halves by them out of what I shal hereafter herein bequethed unto them and as to such worldly Estate as (lod have ben pleased to give me I will bequeth and give after the following manner

Itam I give and bequeth unto my dearly beloved wife Susanah the hous barn and other buildings where I now dwell in Georgetown afore- said with the tract of land hereafter described on which said buildings stand viz — begining at a large hemlock tree marked on fower sids standing on the Edg of Winigance marshes thense runing south a cros my tract or farm to John lemonts land — thence on the line betwen said lemont and me to the westward to Wineganse salt crick thense over the crick to a point below what is calletl I'rebles landing thense along the shore to the Eastward to a sartain bridg thense to run to the East-

LINCOLN PRORATE RECORDS. 5

ward on the nothward side of a ledg that lyeth next to the northward of my said dwelling hous until it comes to what is called the new coun- try road and from thense to Winigance crick East and by south half south — thense by the Edge of Winiganse marsh to the first mentioned hemlock tree together with all the marsh belonging to me in said Win- iganse marshes during hir natural life and after her deceas to be divid- ed as followeth viz that part of my said marsh that lyeth to the Estward of the main crick I give to my son Elijah and to his heirs forever the remainder of the said tract the one half of it I give unto my son John and the other half to be Equally divided between my daughter Lutitia and my daughter Ann and to their heirs and assigns for Ever and I fur- ther give unto my said wife all my household furniture together with one half of my Impliments of husbandry together with one yoak of ox- en two cows two calves one hefer one bole one mare six shepe and one half of the lambs together with the swine to hir for Ever only it is to be understood that John Lutitia and Ann is to be maintained out of the incum of what is above given unto nay said wife untill they sever- ally arive at lawful age —

Itam I give further to my son Elijah all that part of my land or farm that ly to the Estward of that tract before bequethed unto my wife as also an other tract begining at the point below Prebels landing and bounded on that tract given , to my said wife untill it Extend in width fifty five pearch noth and by East half East and thense thense runing west and by noth half noth to Stephens River all my land that lyeth to the southward and westward of the two above mentioned lines this tract I give to him to inabel him to discharge my Just debts to the amount of twenty six pounds thirteen shillings and fower pence and if my debts should Exced that sum then I will that my legetes pay in proportion according to the legesies in this will bequethed unto them —

And I further give unto my said son Elijah one yoak of oxen one cow one calf one coult three Ews and one lamb and one half of my utensals of husbandry —

Itam I unto my daughter Ann the wife of the Revd Mr William Mclanaken one hundred and sixty akers of land to be laid out as nere as maybe in a square body in that part of my farm called birch point —

Itam I give unto my daughter frances one hundred and Eight akers of land on the nothern side of ray farme bounded notherly by my bro- ther Alexander Campbell begining on the western side of Winigance crick and Extending west and by noath half noath at the width of forty

6 LINCOLN rROHATF. RECORDS.

two pearch untill the said loS akers be completed together with one heffer —

Itam I give the remainder of all my real I'^state to be Equally di- vided between my daughter Margaret and my daughter Jane and I further give unto my daughter Jane two cows and what I have hereby given unto my said children I do hereby give unto them their heirs and assigns forever and if there is any part of my I'^state not perticu- lerly becpiethed I do hereby give and becpieth that unto my loving wife and I do hereby constitute and appoint my loving brother James Drum- mond gentelman and my brother by law Alexander Campbell yeoman and both of (ieorgetown aforesaid my Exectrs of this my larst will and testament hereby revoking all other wills and bequests I do hereby acknowledg and declare this and no other to be my larst will and test- ement in witnis whereof I have hereunto set my hand and seal this twenty second day of August a/iiio doiiiiiii 1758 and in the thirty sec- ond year of his majestys Reign — signed sealed published pronounced and declared by the said Patrick Drum- mond to be his larst will and testament in presants of us

George Rodgers Patrick Drummond (Seal)

Benjamin Kendall

his James 8 Mikels marke

Probated 10 Mar., 1762. [I, i7-i<S.]

James Drummond and Alexander Cami)bcll disclaimed executorship 10 Mar., 1762. [I, 17.] Susannah Drummond and l-^lijah Drummond, AAm'x?, cum Testament oAnnexo, 10 IsldiX., i']62. [I, 17.] Alexander Campbell, of (ieorgetown, surety. Inventory by William Butler, James McCobb and James Drummond, all of (Ieorgetown, 11 Sep., 1762, ^491 : 19 : 4- [I, 24.]

John Ballantine, late of Newcastle. Mary Ballantine, widow, and John Cunningham, both of Newcastle, Adm'rs, 14 Apr., 1762. [I, 19.] Inventory by Benjamin VVoodbridge, Jonathan Laiten and Samuel Nickels, all of Newcastle, 8 June, 1762, ^288 : 5 : 11. [I, 21.] Ac- count filed 12 Eeb., 1767. [I, 117.] Return of Benjamin Wood-

LINCOLN PROBATE RECORDS. 7

bridge, Robert Hodge and John McNear, all of Newcastle, of partition of real estate, 17 Apr., 1767. To Mary Ballantine, widow of deceased, her dower, being one third. Of the remainder : one half to Sarah Cun- ningham, a daughter of deceased ; one half to John McClelan, William McClelan, James McClelan, Samuel McClelan, Alexander McClelan, Elizabeth Murray, Margaret McClelan, Sarah McClelan, Mary McClel- an and Martha McClelan, children and heirs of Mary McClelan, de- ceased, the only other daughter and child of said John Ballantine. [I, 216 to 219.]

Thomas Tenney, late of Newcastle. Jonathan Laiten, of Newcastle, Adm'r, 2 June, 1762. [I, 20.] Inventory by James Cargill, John Cun- ningham and Samuel Nickels, all of Newcastle, 8 June, 1762, ^^33 : 9 : 3. [I, 22.]

George Gray, late of Wiscasset, now Pownalborough. John Fairfield, of Pownalborough, Adm'r, 27 Sep., 1762. [I, 26.] Jonathan William- son and Michael Sevey, both of Pownalborough, sureties and appraisers. Inventory 30 Sep., 1762. [I, ^;^.^

Findley Kelley, (or Kellock) late of St. Georges. Alexander Kelley, (or Kellock) of St Georges, Adm'r, 29 Sep., 1762. [I, 28.] Hugh McLean and John McCarter, both of St. Georges, sureties. Inventory by Alexander Larmond, Samuel Creaton and Samuel Bogs, all of St. Georges, 8 Oct., 1762,^^40:18:4. [I, 33.] Alexander Larmond, Samuel Creaton and Samuel Bogs, commissioners to examine claims. [I, 29.] Alexander Larmond, Samuel Creaton and Samuel Bogs, com- mittee to set off widow's dower, made their return 20 Jan., 1764. [I, 46.] Account filed 11 Sep., 1764. [I, 62 dna 70.] Distribution of estate ordered 29 May, 1765. [I, 70.]

John Sally, late of Georgetown. John Sally, of Georgetown, Adm'r, 20 Oct., 1762. [I, 29.] William Malcom and Daniel Mcfaddin, both of Georgetown, sureties. [I, 28.] Inventory by John Stinson, Jona- than Preble and Charles Snipe, all of Georgetown, 2 Nov., 1762, ;^66 : 13:4. [I, 30 and 107.] Daniel McFadden appointed Guardian to Daniel Sally, minor son, 24 July, 1764. Account filed 24 July, 1764. [I, 54.] Elizabeth Sally, minor daughter, chose Daniel McFadden to be her guardian, 24 July, 1764. [I, 71.] Order regarding real estate, 13 Aug., 1766. [I, 107-8.]

Christopher Hembly, (or Handbury or Hanbery) late of St. Georges. Hugh McLean, of St. Georges, Adm'r, 18 Dec, 1762. [I, 29.] In- ventory bv Alexander Larmond, Samuel Creaton and David Patterson,

8 LINCOLN PRORATE RECORnS.

all of St. Georges, i 7 Jan., 1 763, ^45 : 6 : 8. [I, 36.] Moses Copeland, Samuel (lillchrist and Alexander Kellock, all of St. (leorges, com- missioners to examine claims. [I, 36.] Account filed 22 July, 1766. Distribution of estate ordered 13 Aug., 1766. [1, 91.]

In the Name of (iod Amen I William Rodgers of (ieorgetovvn in the County of York and Province of the Massachusets Bay in New ICng- land Husbandman being Weak in Body but Sound and perfect in Mind and Memory thanks be to God and calling to mind the Mortality of this my Body and knowing that it is api)ointed for all Men once of Die Do make and ordain this to be My last will and Testament that is to say Principaly and first of all I Recomend my Soul to (iod who gave it and as for my Body 1 Recomend it unto the I'^arth to be Buried in a Christian Manner at the Discretion of my Executors Nothing Doubt- ing but at the (ieneral Resurection I shall Receive the same again by the Mighty Power of (jod And as for what wordly (loods it hath pleased God to bestow on me I shall dispose of them in the following manner and form my Will is in the first Place that there be sold and disposed of by my Executors as much of my Goods and Chattels as will jjay my Just Debts. —

Item I give anil beijueath to my well beloved Wife Ruth one third of the Remainder of my personal Estate and one third of all my Mead- ows and Marshes and one third ]>art of all my farm whereon I live with housing and fences During her Natural Life whom 1 Constitute and or- dain one of my Executors. —

Item I Ciive and bequeath to my beloved Son (ieorge Rodgers whom I Constitute one of my Executors my lot of Land in the west- ward Side of winey gants Marshes Containing seventy four Acres and a half and Seventeen Rods as will appear by a plan taken by Samuel Denny Esqr. Now in the hands of Ikother McCobb and likewise I give said Son (ieorge the one third of all my Marshes. —

Item I give and bequeath to my beloved Son Thomas Rodgers twenty shillings Lawful Money to be i)aid him by my Executors and his Equal Share with other Children of my personal Estate. —

Item I Give and becpieath to my beloved Son Hugh who has been the staf of my old Age the one full Moiety or half part of all that Lot of Land whereon 1 now Live in the lOastern Side of winey gants Mar- shes with the half of all the Buildings and fences and the one third of all my Meadow or Marsh ground I likewise Constitute and ordain said Son Hugh one of my Executors.

LINCOLN PROBATE RECORDS. 9

Item I Ciive and bequeath to my other three Sons WiUiam Rodgers John Rodgers and Robert Rodgers twenty shillings each to be paid them by my said Executors out of my personal Estate and at my Wife her Decease my will is that they have the half of my homestead farm whereon I Now live with one third of all my Marshes to be l^qualy Divided among them together with a point of Land in the Middle of winey gants Marshes Containing about twelve Acres. —

Item I Give and bequeath to my beloved Daughter Jean Kendall twenty shillings to be paid by my said Executors out of my personal Estate and likewise her Equal share with the other Children of the household furniture.

Item I Give and bequeath to my beloved Daughter Margrat Rodg- er twenty shillings to be paid her by my said Executors' out of my per- sonal Estate with her share of the household Stuff. —

Item I Give and bequeath to my beloved Daughter Ann Read twenty shillings to be paid her by my said Executors out of my person- al Estate with her Equal Share of the Household furniture with the other Children. —

I do hereby Disanul and Revoak all former Wills by me made Rat- ifying and Confirming this and No other to be my Last will and Testa- ment In Witness whereof I have set my hand and seal the fifteenth Day of March one Thousand Seven hundred and Sixty in the Thirty third year of his Majestys Reign — Signed sealed and published in the presence of us by William Rodgers as his Last Will and

Testament William Rodgers (Seal)

John Parker James McCobb George Rodgers

Probated ii May, 1763. [I, 3.]

Ruth Rodgers disclaimed executorship, 11 May, 1763. [I, 32.]

In the Name of God Amen. — I John North of St. Georges in the County of York and Province of the Massachusetts Bay in New Eng- land P'sq ; do make this my Last Will and Testament —

Imprimis — When it shall please God to take me from this Life, I do most Humbly recommend my Soul to God who gave it. And my Body I commit to the Dust for decent Burial at the Discretion of my

lO LINCOLN PRORATE RECORDS.

Executrix hereafter named in Hope and Expectation of the Forgive- ness of all my Sins, and the Resurrection of my Body to Life Eternal Thro' Jesus Christ my Lord and Saviour.

As to such outward and Worldly Estate as Ood has blessed me with, I will and dispose thereof in manner following. After my Just Debts and funeral Charges are paid and discharged, I give and bequeath unto my Loving and Dutifull Wife Elizabeth the one half of all my personal Estate, To have the Same to her, her ICxecut'rs Adm'rs and assigns forever.

Item, I Give and bequeath unto my Eldest Son Joseph, one quar- ter part of my personal Estate To him his Execut'rs Adm'rs and as- signs forever.

Item, I Give to my Youngest Son William, the other quarter part of my personal Estate, To him his Execut'rs Adm'rs and assigns for- ever.

Item, I give to my Daughter Mary, now call'd Mary McKachnie, the sum of Ten pounds sterling To be paid F^qually by my Wife and two Sons before named, out of what I have before in this my will given to them.

And I give my Daughter no More of my Estate by reason of her un- dutifullness in contracting marriage with a Man who is Not to my good liking.

The Reason of my making No Mention of Real Estate in this my will is, that I have already by Deed given, to my Eldest Son, the Real Estate I had at Harrington and the Real Estate at North-yarmouth I have only my Life in it, and as my Youngest Son is the only Child of my wife Elizabeth, I presume the whole of that Estate will descend to him, or his Mother will give the same to him and my Desire is that she would do so whereby my Sons will Inherit from their Parents, Near equally alike.

Lastly I do hereby Constitute My Loving Wife Elizabeth the Sole Executrix of this my Last Will and Testament.

Signed, Sealed, published and declared by me the said Testator this twenty sixth day of May Annoquc Domini Seventeen hundred and Sixty.

In presence of John North (Seal)

Benj. Kent Gideon Thayer Andw. Cazneau

Probated 6 July, 1763. [I, 33-4.]

LINCOLN PRORATE RECORDS. II

Inventory by James Boies, Alexander I>ermond and Hugh McLean, 27 June, 1763, ^1948 : 6 : 7. [I, 43 to 45.]

Benjamin Burton, late of St. Georges. Alice Burton, of St. Georges, widow, Adm'x, 24 Aug., 1763. [I, 34.] Inventory by Samuel (iill- christ, Boyce Cooper and Patrick Porterfield, all of St. Georges, 18 July, 1763, _;^4i4 : 2 : 9 : 3 : 3. [1,47-8.] Account filed 20 Feb., 1 7S2. [II, 260.]

William Allen, late of St. Georges. Hugh McLean, of St. Georges, Adm'r, 24 Aug., 1763. [1,35.] Inventory by Moses Copeland, Alex- ander Kellock and Samuel Gillchrist, all of St. Georges, 24 Sep., 1763, jCS^- [I> 37-] Alexander Kellock, Moses Copeland and Alexander Larmond, all of St. Georges, commissioners to examine claims. [I, 37.] Account filed 22 July, 1766. Distribution of estate ordered 13 Aug., 1766. [i, 72.]

(John) Ulerick Mier, [Mayers], late of Pownalborough. Molly Mier, of Pownalborough, widow, Adm'x, 17 Sep., 1763. [I, 35.] In- ventory by Francis Ridley, [Rittal], John Stain and George Lilly, all of Pownalborough, 4 Oct., 1763, ^140 : o : i : 2 : 6 : [I, 42.] Account filed 21 Mar., 1764. [I, 49.] Catharine Miers chose Abiel Lovejoy, of Pownalborough, to be her guardian, 23 Mar., 1764. [I, 50.] Charles Gushing, Francis Rittal and John Stain, committee to divide real estate, made report 5 i\pr., 1764. Children named : PhilipM ay- ers, Catharine Mayers, Cassimier Mayers, GeorgeM ayers. [1,55-6.] Division of real estate by Obadiah Call, Jr., Christopher Jackins and John McGown, 25 Sep., 1779. [II, in.]

William McCleland, late of Newcastle. Elizabeth McCleland, simpster, and John Cunningham, both of Newcastle, Adm'rs, 4 Oct. 1763. David Hopkins and Hugh Holmes, both of Newcastle, sureties. [I, 39.] Inventory by Benjamin Woodbridge, Robert Hodge and Samuel Nickels, all of Newcastle, i Jan., 1764, ^600: 13 : 6^. [I, 59.] William, minor son, Mary and Sarah, minor daughters, chose John Cunningham to be their guardian 8 Oct., 1765. [I, 81-82.] John McClelan appointed guardian unto James, Samuel and Alexander, minor sons, and Martha, minor daughter, 8 Oct., 1765. [I, 83-85.] Account filed 12 Feb., 1767. [I, 118.] Return of partition of real estate by Benjamin ^Voodbridge, Robert Hodge and John McNear, all of Newcastle, 17 Apr., 1767, mentions John, the eldest son, and Wil- liam, James, Samuel, Alexander, Elizabeth, Margaret, Sarah, Mary and Martha, children of deceased. [I, 219.]

12 LINCOLN I'ROHATE RKCORDS,

Daniel Anderson, late of Newcastle. Samuel Anderson, of New- castle, Adm'r, 4 Oct., 1763. [1,40.] Inventory by John Cunningham, Robert Hodge and John McNear, all of Newcastle, 15 Dec, 1763, ;^ii6:2:4. Account filed 1 2 Jan., 1764. [1,43.]

John Malcom, late of St. (leorges. David Patterson, Junr., of St. (leorges, Adm'r, 4 Jan., 1764. [I, 41.] Inventory by Alexander Lar- mond, Alexander Kellock and Moses Copeland, all of St. (ieorges, 14 Jan., 1764, ^56 : 13 : 4. [I, 46.]

James Hilton, of a place called Broad Cove, appointed guardian un- to Mary MatchlofTe, minor daughter of Mathias Matchloffe, late of said Broad Cove. [I, 53.]

In the Name of God, Amen. The Twenty fifth Day of March 1758 I Robert Montgomery of Townsend in the County of York and prov- ince of the Massachusetts Bay in New P^ngland (ientleman, being very sick & weak in Body, but of perfect mind and memory. Thanks be giv- en unto (iod, therefore calling unto mind the mortality of my I'ody, and knowing that it is appointed unto all men Once to die, do make and ordain this my last Will and testament, that is to say, first of all I give and Recommend my soul into the hands of Cod, that gave it ; and my body I recommend to the Earth to be buried in decent Christian Bur- ial at the discretion of my Executors, nothing doubting but at the gen- eral Resurrection I shall receive the same again by the mighty Bower of Cod. And as touching such worldly Estate wherewith it hath pleased (iod to bless me in this life, I give, demise and dispose of the same in the following manner and form.

Imprimis — I ordain, Order and direct, that all the lawful Debts I owe or stand indebted for, shall be punctually paid to my respective Creditors out of my Estate ; and the remainder, if any be, to be dis- posed of as follows.

Item — I give and be(iueath to my belovetl Wife Sarah One third part of all my personal and Real Estate, that remains when my Debts is paid.

Item — And out of the Remainder I give and bequeath to my son James Montgomery five shillings lawful money

Item. I give to my son Robert Montgomery {\\^ shillings lawful money.

Item. I give and bequeath to my Daughter Anna Montgomery One half of the Remainder of my whole Estate Real and ])crsonal.

Item I give and Beciueath to my Sons John Montgomery and Samuel Montgomery the Remainder of my whole Estate to be e([ually

LINCOLN PROBATE RECORDS. I 3

divided between them

I do likewise Constitute and appoint my beloved Wife Sarah, and my beloved Brother Capt. William Miller and my trusty friend Ensign Samuel McCobb my sole Executors and Executrix of this my last Will and Testament, all and singular my lands, Tenements and personal Estate to be taken into their Charge & Care. And I do hereby utterly disallow & Revoke all and every other former Testaments, Wills and Bequests and Executors by me in any ways before named, Confirming this and no other to be my last Will and Testament. In Witness whereof I have hereunto set my hand and seal the Day & Year above written.

Robert Montgomery (Seal)

Signed, Sealed, pronounced and declared by the said Robert Mont- gomery as his last will & Testament in the presence of us, John North Walter Baker John Montgomery

Probated 27 Sep., 1763. [I, 4S-9.]

William Miller disclaimed executorship 21 Mar., 1764. [I, 49.] Inventory by Robert Wyley, John Orr, and William FuUerton, all of Townsend, 19 July, 1764. [1,58.]

In the Name of God Amen — April 25th, 1763 I Moses Robinson senr. of St. Georges being full of Bodily Pains but sound in my senses and Judgment thanks to Almighty God for all his gifts and benefits to unworthy me in continuing and preserving me by his providential Care through many dangers of life, to fill up so many years as by the Course of Nature I must be near to my dissolution, and yield to death when it shall please God to Call me. I do hereby Ordain & declare this to be my last Will and Testament in manner & Form following, and by these presents revoking & annulling all other Testaments or Wills, either in Writing or Words, and this to be taken only for my last Will and Testament and none other. And first being by Grace and Mercy to me made sensible of my Original Sin and my actual transgressions I most humbly beg forgiveness for the same. I humbly bequeath and Commit my Soul to Almighty God my Saviour and Redeemer in whom, and by the Merits of Jesus Christ I trust and believe Assuredly by As- sisting Grace I shall be saved. My Body I commit to the Earth to be decently buried in any Place where my Children shall see proper, which Body I believe shall arise again at the general Resurrection & be re- united to my soul, and through the Merits of Christs Death and Passion, possess & inherit those Mansions of Glory in the Kingdom of Heaven

14 LINC:()I,N PROHATE RKCOROS.

prepared for The Elect and Chosen Ones — & now for settling my tem- poral affairs, such as my real and personal Estate, as it hath pleased God far above my deserts, to bestow upon me, I do order, give and dispose of the same in the following manner viz First 1 will That all Debts as I owe in Right of Conscience to any One, shall be hastily paid, as soon as possible, after my decease by my Executors

Item — I leave and bequeath to my beloved Wife Mary Robinson, if she outlives me, to have the sole command of all that I now possess, only my real Estate she is not to dispose of to any other, which I be- queath to my youngest son William Robinson, which I Constitute and ordain to be my sole heir, to inherit my estate so long as he lives and his sons after him, if he shall have any lawfully l)egotten, but in Case he never marry or have no male heir to enjoy the said Estate, then it shall descend to my oldest son Joseph's son Moses Robinson to enjoy, but neither of them shall sell their Right of Inheritance to any Stranger whilest there is so many of the Name and relations to enjoy the same.

Item. To Son Archibald what assistance can be afforded of hay and provisions for two years or three at the beginning of his own place, as also One Cow and Calf.

Item. To Son John I leave the cutting of One load of English hay, yearly and every year during his lifetime.

Item I leave to any One of my Nine Children, that is not content- ed with what I have done but thinks themselves wronged, I Order my Executors Mary and William Robinson to pay unto the discontented person he or she, the sum of five Shillings Sterling which I leave to them or any of them, for the preventing debates or Trouble which otherwise might arise. And further be it known That as I leave my well beloved Wife, sole Executor over all my personal Estate that I now possess to have the full Command and Ordering of the same, with the advice of her Children, That she may have a Comfortable way of living, during her lifetime here, and if she cannot enjoy a satisfying easy way of a Contented life with her son William, I desire that she have her proportionable Share out of the Estate laid out to her self fur her Maintenance according as the law directs, and if any Debate or Misunderstanding should Arise with any Neighbour or among them- selves, I desire that it may not go to law, but let it be done away by an Arbitration or Reference of two or three Judicious, honest Neigh- bours.

Item. To Mary Rivers, One Cow autl a Calf when she shall stand

LINCOLN PROBATE RECORDS. 1 5

in Need of them and to be wintered free the first year if she desires it.

Item — I leave to my son Moses Robmson all my right and Title, which I received by Will from Daniel FitzGerald, deceased of that lot which he now enjoys.

Furthermore I constitute and Ordain my beloved Friends, Mr Boyce Cooper, Joseph Robinson and Moses Robinson Junr. to be my sole Executors in seeing Justice done, and oversight of the whole, espe- cially concerning my dear beloved Wife, and leave this as my last Will and Testament

As Witness my hand & Seal this twenty fifth day of April One thous- and Seven hundred and sixty three

Moses Robinson (Seal) Witness present Boyce Cooper Joseph Robinson Moses Robinson Junr.

Probated 4 Mar., 1764. [I. 50-52.]

Mary Robinson disclaimed executorship 6 Mar., 1764. [I, 50.]

Ebenezer Greenleaf, late of Woolwich. John Kingsbury, of Pownal- borough, Adm'r, 27 June, 1764. [I, 53.]

Robert Montgomery, late of Townsend. John Montgomery, of Townsend, Adm'r, 5 Sept., 1764. [1,56.] Samuel McCobb and Tobias Glidden, sureties. Inventory by Samuel McCobb and Robert Wiley, both of Townsend, and John Orr, of Walpole, 3 Nov., i 754, ;i^35 : 15 : 10. [I, 99.]

James Montgomery, late of Townsend. Sarah Montgomery, of Townsend, widow, Adm'x, 5 Sep., 1764. [I, 57.] John Mont- gomery and Jonas Fitch, sureties. Inventory by Robert Wiley and Samuel McCobb, both of Townsend, and John Orr, of Walpole 3 Nov., 1764, ^5: 13:5. [I, 98.] .\ccount filed 23 Sep., 1769.

[I, I95-]

In the Name of God Amen I James Miller of Walpole So Caled in

the Countey of Lincol and Provence of the Massachisets Bay in New

England Husbandman Being Senceable of the Mortalety of my Body

and at the Presant Time Infirem as to helth yet of Sound Mind and

Perfect Memory Blised be God for it Do hearby Make and Confirm

this as my Last Will and Testament Wherein I Do in the first Place

Recomend my Soul to God and my Body to Deasont Cristain Buriel

and as Touching my Wordly Substance with which God has Blised me

I 6 LINCOLN PRORATE RECORDS.

with I Do Ilcarby Dispose thereof In forem and Maner Ass Foloweth — Item I Give and Bequeth To my Beloved Wife Annas Miller an Eqiiel Part or I'orshen with Each of my Childer and my Childer an P^(iuel part with my Wife to wite Jeannet Miller Ann Marey John Sarah Robert Miller of my Real Esteat that I ame Posesed of at my Death and as to my movables I Give and Bequeth to my Beloved Wife that is the Howie of them and my Will is that my Wife Pay the Dets Dew out of the Real Estat and that my Wife Dispos of Such a Part of the Real Estat as Shall Pay all my Dets Dew at my Deces and my Will is that my Wife have the Improvment of my Estat During hir Widowhood and my Will is that She and my Childer Be Conted Therewith Further more I Do hereby Constitute my Beloved Wife Annas Miller Sole Ex- ecutor of this my Last Will and Testament Delivring this to be my Last Will and Testamente made and ordained this Second Day of July anna Domini 1764 Subscribed Sealed cS: Declared In Presence of us John McNear

Tobias Glidden James Millar (Seal)

Arch'd Robinson

Probated 5 Sep., i 764. [I, 60.]

John Kingsbury, late of Pownalborough. Patience Kingsbury, of Pownalborough, widow, Adm'x, 7 Sej)., 1764. [I, 61.] Michael S^- vey and Jonathan Williamson, sureties. Inventory by Benjamin Wood- bridge, of Newcastle, Michal Sevey and Jonathan Williamson, both of Pownalborough, 21 Nov., 1764, ^966: 16: 10. [I, 73 to 75.] Charles Cushing and Abiel Wood, both of Pownalborough, commission- ers to examine claims. [I, 168.] Account filed 12 Oct., 1769. [I, 74.] Distribution of estate ordered 12 Sep., 1770. [1. ^75-]

Walter Cane, late of Pownalborough. James Flagg, of Cobbiseconte, .\dm'r, 25 Feb., 1765. [I, 62] Charles Cushing and Edmund Bridge, sureties. Inventory by Jonas Fitch, .\dino Nye and P'rancis Rittal, all of Powalborough, 1767,^^54: ii : 10. [1,129.] Charles Cushing and Thomas Allen, both of Pownalborough commissioners to examine claims. [I, 144.] Account filed antl distribution ordered 7 Oct., 1769. [I, 172-173.]

James Elder, lately residing at Georgetown. James Springer, of

I.INXOLN PROBATE RECORDS. I 7

Georgetown, Adm'r, ii Mar., 1765. [I, 63.] Jacob Bailey and Adi- no Nye, sureties.

Paul Ricker, late of a place called Cobbiseconte. Abiel Lovejoy, of Pownalborough, Adm'r, i 7 Sep., 1764. [1,64 .] Thomas Allen and George Gray, sureties. Charles Gushing and Thomas Allen, commis- sioners to examine claims. [I, 97.] Inventory by Thomas Allen and George Gray, both of Pownalborough, 14 Nov., • 7C>3, ^43 : i : S : 12. [I, 116.]

Thomas Leiton, of a place called Gouldsbury. Josiah Tucker, of a place called Gouldsbury, coaster, Adm'r, 30 Mar., 1765. [I, 64.] Robert Cxould and Francis Shaw, both of Boston, sureties.

Elias Cheney, late of Pownalborough. Sybyl Cheney, of Pownal- borough, Adm'x, 24 Ap., 1765. [I, 65.] Jonas Fitch and Abner Marson, sureties. Inventory by Jonas Fitch, John Barker and Stephen Marson, all of Pownalborough, 2 May, 1765, ^64 : 10 : 4. [I, 88.]

Samuel Tolman, late of Kennebeck river. Mary Tolman, of Kenne- beck River, near Fort Western, so called, Adm'x, 29 Ap., 1765. [I, 65.] Levi Powers and Mathew Hastings, sureties. Inventory by Mathew Hastings, Edward Savage and Levi Powers, all of Kennebeck River, 27 Sep., i 765, ^192 : 18 : 6. [I, i lo-i 11.]

Kennebeck River March 15th 1765. This is to certifie whomsoever it may concern. That this the Will of Mr. Daniel Day And We do think, that he is in his Right mind ; but if God should take him out of the ^Vo^ld this is his Mind and Will That his \Vife Mary Day should heir all what is left, all my Lands and and all the household furni- ture and all the Debts and Notes, only said Mary Day is to give my Sister Sarah Day Ten Dollars, which is my mind & will ; and all the Rest is Mary Day's my Wife, free from all Fathers or Mothers, Sisters or Brothers or any body in the World Besides, but what Sarah Day has — It is my Will that David Standley should have Two pounds, thir- teen Shillings & four Pence lawful money Thi> is my Desire and all that I shall dispose of — his

Witness present, Daniel V Day

his mark

James X Sally

mark David Standley

Probated 29 Ap., 1765, to apply to personal Instate. [J, 66.]

t8 i.ixcoi.N rkor.Aii' ki'.cdriis.

Malhcw Hastiiii^s and Levi Powers, both of a place in Kennebeck Ri\er abo\ e Fort Western, sureties.

James (Irant, late of \\'ool\vi(h. Catharine (irant, of A\'ool\vich, widow, Adm'x, 30 A])., 1765. [1, 66.] Isaac Savage and Samuel Stinson, sureties. Inxentory l)y Thomas Stinson, Samuel Harnden an<l John Curtis, all of Woolwich, 39 Jtily, 1765, p/J^53 : 7 : 10. [1, 76-7.] Charles Cushing, of Fownalborough, and Henjamin Trott, of ^^'oolwich, commissioners to examine claims. [J, 96.] Account filed 4 May, 1767. [I, 114.] Distribution of estate ordered 6 May, 1767. [J,

"5.]

Mathew Hastings, of a place in Kennebeck River above Fort West- ern, so called, appointed guardian unto l.ovel Fairbrother, minor son of Thomas Fairbrother, late of .\ttleborough, in the County of Bristol, 7 May, 1765. [1, 67.]

In the Name of Cod amen the thirtieth fust day of December one thousand seven Hundred and sixty four I Benjamin Thompson of Georgetown and County of Lincoln ^:c yeoman being very sick & weak in Bodv but of ])crfcct mind and memory thanks l)e given to Cod for it, therefore CaUing unto Mind the Mortality of My Body and Know- ing that it is a])i)ointed for all Men once to dye, do make and ordain this mv last will and testament that is to say ]>rincipally and first of all I Give and Recommend My soul into the Flands of (iod yt gave it, and My Body I recommen<l to the Ivirth to be buried in decent Chris- tian Burial at the discretion of My Fxecutrix nothing doubting but at the (General Resurection I shall Receive the same again by the Mighty power of God, and as touching such wordly F'state wherewith it hath pleased ( iod lo llless Me in this life 1 Gi\e Demise and dispose of the same in the following Manner and form

Iinf'liinis J gi\e and becjueath to Abigail My dearly belo\ed wife all \\\ Moveables and personal Instate togcather with the Income of my real Instate for the decent bring uj) of my Cheildren as well her own Comfortable subsisfance whom likewise I Constitute, make and appoint My sole Ivxecutrix of all this My last will and testement all and singu- lar mv lands Messuages and tenements by her freely to be possesetl and Injoyed nntill My Children shall ari\e at the age of twenty one years old or be given in Maraige and in Case any one of My Children or al of them shall or do arive of the age as above or are .Marryed in livery such Case they Fach receive out of My real F'.state that part

Ll^'COT,N r'Riin\-iF. records. iq

Each of llicm would l)y law have recei\ccl had nol this l\Iv last will bin Made I likewise hereby (jiving unto my said Executrix full power to sel and dispose of so much of my real Estate as shall be sufficient to pay My Just Debts and I do hereby uterly disalow and rc\-oke and di.sanal all and every other former testement wills lagaces and l)C(iuests and Executors by me in any ways before named willed and befjueathetl reatifying and Confirming this and no other to be My last will and testament In Witness whereof I have hereunto set my hand and seal the day and year first abo\e written Signed sealed published pronounced and Declared

by the said Benjamin Benjamin Thompson (Seal)

Thompson as his last will and testment in the presents of us

Tobias Ham

James Hinkley

Benjamin Ham

Aaron Hinkley

Probated 7 May, 1765. [I, 68.]

Inventory by iJummer Sewall, Moses Hodgkins and Elisha Shaw, all of Georgetown, 15 Aug., 1765, ;^40i : i. [I, 87-88.]

Daniel Goodwin, late of Pownalborough. Charles Gushing, of Pownalborough, Adm'r, 10 May, 1765. [I, 69.] Samuel (ioodwin, Jr., and Edmund Bridge sureties. Inventory by Adino Nye, Edmund Bridge and Samuel (roodwin, Jun., all of Pownalborough, 28 Sep., 1767, £a: 12 :4. [I, 127.]

Amos (roudrey, or Croudey, late of Harrington. Mercy (loudrey, of Harrington, widow, Adm'x, 21 May, 1765. [I, 70.] Ephraim Mc- Farland and Thomas Hum])hreys, sureties. Mercy Goudey ajipointed guardian unto Betty, minor daughter, 18 Sep., 1765. [I, 78.] In- \entory by Ephraim McFarland and Paul Reed, both of Boothbay and Thomas Humphrys, of Newcastle, 16 July, 1765, ^^420:3:4. [1, 79 to St.] Account filed 28 Sep., 1765. [I, 81.]

Ste\ens Chase, late of Kennebeck Ri\er. Roger Chase, of Pownal- borough, Adm'r, 13 June, 1765. [1, 72.] lOdmund Bridge and Samuel Goodwin, Jr., surelies. Inventory by Samuel Goodwin, Jun., and Edmund Pridge, both of Pownalborough, and John Hankerson, of Kennebeck River, 26 June, 1765, ;^io6 : 14:5. [I, 75-76.]

20 I,I\C(M,X I'RonAI K Kl-.CORDS.

Charles C'ushing and Thomas Allen, both of I'ownalborough, commis- sioners to examine claims. [1, 132.] Account filed 5 Aug., 1768. [I, 132.] Distribution of estate ordered 26 Aug., 1768. [I, 133.]

Zacheus Trafton, late of (Georgetown. William Marshall, of George- town, Adm'r, 17 June, 1765. [I, 72.] IJryant Roberson and James Thornton, sureties. Inventory by IJryant Roberson, James Thornton and David Trufant, 15 July, 1765, Old Tenor ^203 : 12 : o. [I, 86.] Account filed 17 June, 1767. [1, 142.]

Robert Burns, late of Cobbiseconte. Joseph Burns, of Cobbiseconte, Adm'r, 8 July, 1765. [I, 76.] James Burns and Edmund Bridge, sureties. Inventory by James Flagg, ^Villiam Bacon and Abram \\'yman, ^^23: 19: IT. [I, 86.] Charles Cushing, of Pownalborough, and William Bacon, of Cobbiseconte, commissioners to examine claims. [T, 103.] Account filed 3 Sep., 1768. [I, 150.]

Samuel Collamore, late of Cleorgetovvn. Sarah Collamore, of George- town, widow, Achii'x, 13 May, 1766. [I, 89.] James Lemont and Jonas B'itch, sureties. Inventory by Samuel Watts, Isaiah Crooker and Fdisha Shaw, all of Georgetown, ro July, 1766, ^309: 10:0. [I, loi.] Christopher Mitchel, of Georgetown, appointed (iuardian unto Susannah and Del)orah, minor (laughters, 21 Jan., 1767. [I, 113-114.]

Richard Falle, late of St Georges. Samuel Bogs, of St Georges, Adm'r, 24 Sep., T765. [I, 90.] Andrew Malcom and James Car- gill, sureties. Inventory by Alexander Kellock, Andrew Malcom and Moses Copeland, all of St. (Jeorges, 10 Mar., 1766, ^40. [I, 100.] Henry Hendley, of Boston, Adm'r, (k bonis noii, 26 Nov., 1770. [I, 226.] Reuben Hall, of St (reorges, and Richard Young and William Henley, both of Boston, n]ii)raisers, 27 Dec, 1770. [I, 211.]

In the Name of God Amen — The Sixth Day of March One Thousand Seven Hundred & Sixty Six I Joseph Gould of GeorgcTown in the County of Lincoln Housewright l)eing Very Sick and Weak in Body but of ]:)erfect Mind & Memory Thanks be given unto God : 'I'herefore Calling unto Mind the Mortal- lity of my B.ody and knowing that it is Appointed for all men Once to die do Make and Ordain this my Last \\\\\ and Testament that is to Say, Princijially, and first of all I give and Recommend my Soul into the Hands of God that gave it and my ISody I Recommend to the I'.arth to be Buried in decent Christian Biuial at the Discretion of my Hxecutors Nothing Doubting but at the General Resurrection I shall

LINCOI-N PRORATE RECORDS. 21

receive the Same again by the Mighty Power of (iod And as touching Such Worldly Estate Wherewith it hath Pleased (rod to Bless me in this Life I give Demise and Dispose of the Same in the following Manner and Form

Imprimis I give and bec^ueath to Planah my Dearly beloved \\'ife Whom I likewise Constitute Make and Ordain my Sole Executrix of this my Last Will and Testament all and Singular my Lands Messuages and Tenement by her freely to be Possessed and enjoyed During her Life & to be Disposed of as She Sail think meet before or at her Death with all my Household goods and moveable Effects & Debts — Excepting What I give to my Son Joseph & the Rest of my Children Item I give and bequeath to my Son Joseph Could One hand Saw One Pannel Ditto & One fine Ditto One quarter Round One paring Chisle One pannel Plain Sash plain groveing Plough One astikle two Oges One Joynter fore plain & Smoothing plain One Ax One adds One Old Mall two Rabbit 1-lains to be delivered to him by my Said Executrix Out of What tools that I leave behind and unto P>ach of my Other Children I do leave Ten Shillings a Peice to be paid unto them out of my Estate and I do hereby utterly Dissallow revoke and Disannul all and every other Former Testament Wills Legacies and Bequests and Executors by me in any ways before Named Willed and Bequeathed Ratifying and Confirming this and no Other to be my Last Will and Testament in Witness Whereof 1 have hereunto Set my hand and Seal the Day and Year above AVritten Signed Sealed Published Pronounced and Declared by the said Joseph Gould as his last Will and Testament in the Presence of us the Subscribers Joseph Goold (Seal)

Isaac Harding

Francis Smally

Josiah Harding ^

Probated 14 May, 1766. [I, 93.]

Inventory by Joseph Berrey, Abiezer Holbrook and Philip Higgins 30 May, 1766. [I, 227-8.]

In the Name of God Amen the Twenty first Day of October 1762 I William Wilson of Topsham in the County of Lincoln Husbandman being Very Sick and Weak in liody but of Perfect Mind and Memory Thanks be Given to Ciod : Therefore Calling unto mind The Mortality of my Body and knowing that it is appointed for all men once to Die

22 i,iN((ii,\ rKi)i:.\ IF. RF.a^Rn?;.

Do make ami ordain this my last Will and 'J'estamcnt 'I'hat is to say, Principally and first of all 1 Ciive and Rctommend my soul into the Hands of (lod that (lave it and my I'.ody 1 Recommend to the I^arth To be Duried in Decent Christian llurial at tiie Discretion of my Kxc- cutors nothing Doubting but at the (".eneral Resurrection I shall Re- ceive the Same again by the Mighty Power of (lod; and as M'ouch- ing such Worldly Ivstate wherewith it hath ])leascd (lod to bless me in this I-ife I (li\e Demise and Dis])ose of the same in the following Manner and form

Imprlinis. 1 give and betjueath to my well beloved sons \'iz, William Wilson lohn Wilson & Samuel Wilson all and Singular my Lands Mes- suages and Tenements with all the Right 1 Have in any Saw Mill or Mills Together with all my Household (loods Chatties Debts and Moveable Effects by 'I'hem and l^ach of them freely to be possesed and Knjoyed I Likewise (live and beeiueath to my well beloved Daughters Mary and Isabella Wilson So much Money to be raised and Levyed out of my Estate by the afforsaid William John and Samuel Wilson to pay to the afforsaid Daughters as shall make all my Children to ha\e an L([ual Share —

Item. I Constitute make and ordain Isabella my Dearly and \\'ell beloved wife my Sole Executrix of this my Last will and Testament and She the said Isabella to have the Income of Said Estate till the Heirs Come of age unless She Should Marry before that Time and I Do hereby utterly Disalovv Revoke and Disannul all and Every other former Testaments W^ills Legacies and Bequeasts and Executors by me in Any ways before Named willed and Bequeathed Ratifying and Con- firming this and no other to be my Last will and Testament In Wit- ness whereof I have hereunto Set my Lland and Seal the Day and Year above Writtt;n Signed Sealed Published

Pronounced and Declared .^ William Willson (Seal)

by the Said William A\'ilson as his Last will and Testament in the Presence of us the Subscribers

Thos AVillson

James Potter

Samll Moody

William Alexander

LINCOLN PROBAIK RI'X'ORDS. 23

Probated 13 Aug., 1766. [I, 94.] Inventory by Thomas Willson, William Alexander and John Merrill, I Sep., 1766, ^297: 12:6. [Ill, 195.] Account filed 17 Sep., 17S7. [111,196.]

John Sheen, late of 'ro]):sham. Nicholas MtzCcrald, of Topsham, Adm'r, 9 May, 1766. [I, 95.] Samuel W'inchell and John Winchell, sureties. Inventory by Samuel Winchell, John Winchell and James Hunter, all of Topsham, 31 May, 1766, J^.S '■ 3 '• 9- U' ' ' i-] -Ac- count filed 17 June, 1767. [I, 143.]

David Gusten, late of Topsham. Samuel Winchell, of Topsham, Adm'r, 11 June, 1766. [I, loi.] John Winchell and Nicholas Fitz- Gerald, sureties. Inventory by John Winchell, Samuel (rraves and Joseph Graves, all of Topsham, 16 June, 1766, ^Xi3 : 4 : 7. [I, 105.]

In the Name of God, Amen. The Sixteenth Day of July in the Year of our Lord 1766 I James Clark Late of the Town of NewCastle, but at present of The Tov/n of Bristol in the County of Lincoln Yeo- man, Being weak in Body, but of perfect mind cS^; memory. Thanks be given unto (iod for the Same; And calling to mind the Mortality of my Bod}', and knowing, that is appointed for all men once to Die, do make and ordain this my Last will and Testament: That is to Say Principally and first of all, I gi\e and Recommend my Soul into the hands of Gotl that ga\e it ; And for my liody I recomend it to the Earth to be buried in a Christian like and decent manner, at the Dis- cretion of my Executor nothing Doubting but at the Generall Resurec- tion, I shall receive the same a gain by the mighty power of God ; And as Touching such worldly Estate wherewith it hath pleased God to Bless me in this Life, I Give, Devise, and Dispose of the Same in man- ner and form following ;

'I'hat is to Say

In the first place, I (iive and Bequeath to My Dearly beloved wife the one third part of all that I poses, as also one third of the hicome of my Lands The same to have and Enjoy During her naturall Life Also I give to My Son William Clark of Pownalborough The Sum of Ten Shillings Lawful Money to be paid by my Executor — Also I give to My Son James Clark of Pownalborough 'l"he Sum of Ten Shillings Lawfull Money to be paid by my Ivxecutor — Also I give to my Son 'Lhomas Clark of NewCastle the Sum of twenty Six pounds thirteen shillings and four pence Lawfull whiih I have al- ready paid him and have no Receipt for the Same —

24 LIN'CC^LN PROIUIK RECORDS.

Also I give To my Daughter Hannah Fling a Cow and a Heifer Calf that She hath now in possesion as also a pair of Steeres a Year old Last Spring

Also I give To my Son in Law John Randell of Bristol aforesd and Jane his wife All and Singular what may be found Appertaining to 'SIq Excepting what is before Mentioned in this present will <S: Testament as also the one half of a Mare of three Years old which is now at New- Castle by him freely to be possesed and The aforesaid John Randell I Likewise Constitute make and ordain my only and Sole Ivxecutor of this my Last \Vill and Testament

And 1 doe hereby LTterly Disallow, Revoke and Disannul all and IC\ery Other former Testaments, Wills, and Legacies becpiests & Ivxecutors by me in any ways before this time Named Willed and Bequeathed, Rati- fying and Confirming this and no other to be my Last Will and Testa- ment In Wittness whereof I have hereunto Set my hand & Seal the Day and \'ear above written Jam's Clark (Seal)

Sign'd Seal'd Publish'd Pronounc'd and Declar'd by the Said Jam's Clark as his Last Will & Testament in presence of us the Subscribers, 'J'hat is to Say

Wm Loud

James liaily

Nathaniel Bishop

Probated lo Sep., 1766. [I, 103.]

Inventory by John Cunningham, James Cargill and David (liven, all of Newcastle, 30 Sep., 1766, ^^189 : 7 : 93^. [I, 106.]

Llezekiah Cloutman, late of Kennebeck River. Abiel Lovejoy, of Pownalborough, Adm'r, 18 Aug., 1766. [I, 106.] Adino Nye and James I'lagg, sureties. Inventory by Bennet Woods and Isaac Spencer, of Kennebeck Ri\er, 7 Nov., 1766, /^i4 : 12 : 2. [I, 143.]

James Springer, Jun., late of C.eorgelown. Rachel Sjjringer, of (Georgetown, widow, Adm'x, 19 Aug., 1766. [I, 108.] J()sei)h White and William Syhester, sureties. Inventory by lOlisha Shaw, Joshua Philbrook and Dummer Sewall, all of C.eorgetc^wn, 18 Sep., 1766, ^271 : 18 : 10. [i, 109.]

William Huston, minor son of John Huston, late of Dunstable, N. H., chose Seth (ireeley, of Kennebeck Rixer, to be his guardian, 17 June, 1766. [I, 1 19.]

Lazarus Noble, late of Pownalborough. llenjamin Noble, of Pown-

LINCOLN TRORATE RECORDS. 25

alborough, Adm'r, 27 Feb., 1767. [I, 119.] Samuel (loodwin and John Noble, sureties. Inventory by Jonathan Bryant and ^^'illianl Wy- man, both of Pownalborough, — Ap., 1767, ;^2i:i2:4. [1,42.] Francis Noble, minor daughter, chose Abiel Lovejoy to be her guar- dian, 18 Jan., 1764. [1. 50]

David Trufant, late of Georgetown. David Irufant, au'l Mary Tru- fant, widow, Adni'rs, ii May, 1767. [I, 120.] John Springer and Edward Pettingill, sureties. Inventory by Isaiah Crooker, Joshua Phil- brook and Moses Hodgkins, all of Georgetown, 19 May, 1767, ;£io2 : 5 : 9. [I, 12S.] Account filed 14 July, 176S. [I, 229.]

John Wolfe Rupert, late of Pownalborough. Samuel Goodwin, of Pownalborough, Adm'r, ti P'eb., 1767. [I, 121.] Samuel Goodwin, Jr., and James Hodge, sureties. Inventory by Charles Gushing, Thomas Allen and Adino Nye, all of Pownalborough, 12 June, 1767, ;^42 : o : o. [I, 145.] Charles Gushing and Roger Chase, both of Pownal- borough, commissioners to examine claims. [I, 222.]

John Henry Kier, late of Pownalborough. Samuel Croodwin, of Pownalborough, Adm'r, 11 Feb., I767. [I, 121.] Samuel Goodwm, Jr., and James Hodge, sureties. Inventory by Charles Gushing, Thomas Allen and Adino Nye, all of Pownalborough, 12 June, 1767, ;^47 : 6 : 8. [I, 146] Charles Gushing and Roger Chase, both of Pownalborough, commissioners to examine claims. [I, 221.]

Zachariah Narden, late of Pownalborough. Samuel Cioodwin, of Pownalborough, Adm'r, 27 May, 1767. [I, 122.] Thomas Allen and Samuel Goodwin, Jr., sureties. Inventory by Charles Gushing, I'liomas Allen and Adino Nye, all of Pownalborough, 12 June, 1767, ^42 : o : o. [I, 145.] Charles Gushing and Roger Chase both of Pownal- borough, commissioners to examine claims. [I, 2 2 2. J

In the name of (k)d Amen the thirtieth day of October Anno Doin- iiil 1766 I Da", id Olovcr of Georgetown in the County of Lincoln \ eo- man being sick and weak in body but of perfict mind and memory thanks be to God for it therefore Knowing that it is appointed for all men onse to dye do make and ordain this my Larst will and Testa- ment that is to say primarily and in the first plase I give and Recom- end my soul into the hands of God that gave it and my body 1 Rcc- omend to the Earth to be buried in desent Christian buricil at the discretion of my I^lxecutor nothing doubting but to Receive the same again by the mighty power of God at the general Resurrection and as

26 l.I.\((M.N I'ROIiATK RKCORDS.

to such worldly I'.statc which 1 am the owner of I gi\e and demise and (lis])ose of in the followin;; manner and form

///i/^ri/iiis 1 L,M\e and l)e(|nelh unto lianah mv dearlv l)elo\ed wife all my household firnituer and all my stock of cattel shep antl swine together with the whole of my intrist in a sawmill at robinhoods cove in said town To hir and hir heirs and assigns forever out of the Ishews and ])rofits thereof my will and plesure is that she discharge all my just debts and funaral l'",x])ejises and further I give and bequeth unto hir during hir natural Life the use a,nd improxement of the Low Rom and chamber in the notherly ICnd of my tlwelling hous in which I now dwell and one half of the siller in said hous together with ])arnrome for hay and housing for fovver or fne head of cattel

hum I give unto my son 'I'homas Olover the western half of my farm or Lott ot Land where he now dwell and one third part of all my solt marsh during lie nateral Life of his mother and after hir desease one half of said marsh said upland and marsh To him his Meirs and assigns fore\er

Itum I gi\e unto my son L|)hriem ()lo\er the sum of twenty six shil- lings and Light pence

Itum I give unto my daughter Lianah llinkley the simi of fower pound

Itum I give unto hanah curtis the daughter of my son Henery Olover the sum of thirten shillings and fower i)ence and imto Henery ()lo\-er the son of my said son Henery C)lo\er the sum of lwenly.->ix shillings and I^ight j^ence

Itum 1 give unto my son Jacob ()lo\er the sum of six ])ounds thirten shillings and fower pence

'I'he above sums To ])e ])aid to my aliove mentioned childrin and grand children by my son J<jhn ()lo\er out of what I give and l)e(|ueth to him and that at the deseas of his mother and not before and the above sums together with what I have done for them in my Lifetime is a lust i)ro])ortion of my Instate to Ka<h of them

Itum I give unto my son John Olover whom I Likewise constitute and make and ordain my sole !*>xecutor of this my Larst will and testa- ment and and singular the Residue and Remainder of all and singiiler of my Lstate l)Oth real and personal of what name or nature soever to him his hleirs and assigns for L\er he i)ay;ng the al)o\c mentioned J-egases and that he also gi\e and deli\er unto his honered mother vearlv ami I'AcrN vear during hir natteral Life towards hir confertable

T.IXCOLN PRCIHATE RECORDS. 2 7

su])port one forth part of all the grain and corn and Roots and Inglish hay that he shal rais upon the farm that hereby I give and bequeth unto him and three Load of solt hay yearly during said Tearm and I do hereby utterly di^salow Revoke and disanul all other and former will and Testament and Ivxecutors by me named Ratifying and con- firming this and no other to be my Larst will and Testament In witnis whereof 1 ha\e hereuntc;) set my hand and seal the day and year above written

Signed sealed published i)ronounse(l and declared by the said David Olover as his larst will and Testament in the presants of

us the subscribers David Olover (Seal)

George Rodgers John Rodgers Tobias Hill

Probated 13 May, 1767. [I, 123-4.]

In the name of (jod Amen on the fourteenth Day of March A. I). 1764 I John Lemont of Georgetown In the County of Lincoln and Province of the Massachusetts Bay In New England Gentleman Being week in body but of Perfect mind & memory Thanks be Ciiven to God : Therefore Calling to mind the mortallity of my body and Knowing that it is appointed for all men once to Die Do make and ordain this my Last will and Testament that is to say Principlely and first of all I Give and Recomend my soul Into the Hands of God that gave it and my body I Recomend to the Earth to be buried in decent Christian Burial at the Discretion of my Executors Nothing Doubting but at the Gen- eral Resurrection I shall Receive the same again by the Mighty Power of God and Touching such worldly Estate wherewith it Hath Pleased God to Bless me with in this Life I give demise and Dispose of the same in the following maner and form —

Imprimise I Give and bequeath to Elisebeth my Dearly belo\ cd wife the use and Improvement of my Dwelling House and barn and the whole of my farm whereon the buildings stand withe all my Catties stock and moveables within Doors & without till my son David Lemont arives to sixten years of age and afterwards Duringher widdow- hood at the Expiration of which Time the said Elisebeth is to Deliver ye use and Improvment of the s'd artickels with all the artickels to my surviving Hiers in as good Repare as when she Receved them Item — as I have already Given to my sons Benjamin and James Le-

2 8 I.lNCOr.N PRdr.ATK RECORDS.

mont Kiglily acres of Land to I'^ach of them I further Give to my sons Benjn & James one third Part of a Saw mill standing on wisgig Creek with one third Part of all l'ri\ili(lg.-, thereunto lielonging — Item — the Remainder of my Instate after my honest Debts are Paid to be Kaquelly Devided Between my five Youngest sons viz: John Thoinas Robert Samuel tS: David I,emont there Paying to my Daughters Mary Woodside thirten Pounds six shillings & lught Pence Lawfull money Likwise Paying the sixtenth Part of the whole of my J'^state to Each of m\- four \'oungest Daughters viz Nancy Sarah I^lisebeth and hanah Lemont —

I do appoint and ordain James McCobb X: |ohn Parker of George- town aboxes'd (ientlemen my sole Ivxecutors of this my Last will and Testement and 1 do hereby utterly Disallow Revoke and Disanul all and Every other former Testements wills Legases and bequests & Ivxe- cutors by me in any ways before Named willed and bequeathed Rati- fiing and Confirming this and no other to be my Last will and Teste- ment In witness whereof I have hereunto set my hand and seal the Day and Veare above written — Signed sealed Published Pronounced and Declared by the said John Lemont as his Last will and Testement in the Presence of us the subscribers John Lemont (Seal)

Phinehas Nevers

Samuell Nevers

John Tebbits

Jams. McLIonane

James Mckibb

Probated 13 May, 1767. [1, 125.]

John I'arker disclaimed executorship 4 Feb., 1767. [I, 124.] In- ventory by Samuel Watts, Isaiah Crooker and Moses Hodgkins, all of <ieorgetown, 23 June, 1767. [I, 129-130.] 'I'homas Lemont, minor son, Elizabeth Lemont and Hannah Lemont, minor daughters, chose their l)rother Penjamin Lemont to be their guardian 16 Feb., 1767. [I, 1 50-1.] John Lemont of l^ath, Adm'r de bonis non, 15 Ap., 1791. [V, 29.] Samuel Lemont and David Lemont, both of Bath, sureties.

lohn Moore, late of Pownalborough. Sarah Moore, of Pownal- ])orough, widow, ;\dm'x, 25 Ap., 1767. [I, 126.] Inventory by 'I'homas Rice, Jonathan Williamson and Michal Sevey, all of I'ounal-

IJXfOLN TROISATE RFAORDS. 29

l)orough, 30 Ap., 1768, ^301 : i6 : 3^, [I, 15 1-2.] Consent of Ste- phen and Mary Sevey, John and Sarah Cunningham, Samuel Marrow and Sarah Day, heirs for division of real estate, 20 Ap., 1786 ; warrant for such division issued to Thomas Boyd, of Boothbay, Daniel Webster and Thomas Ring, of Edgecomb, 15 Nov., 1785. [II, 237.] Re- turn of division, 21 Ap., 1786. [II, 238.] Account of Sarah Day, Adm'x, filed 17 June, 1783. [IV, 3-4.]

Henry Miller, late of Broad Bay. George Light, Jun., of Broad Bay, Adm'r, 17 Feb., 1768. [I, 131.] George Dight and Francis Rittal, sureties. In\'entory by Jacob Ludwig, Mathias Hofcsess and Menry Keyler, all of Broad Bay, 14 Mar., 1768, ^40: 02 : 10 V^. Account filed 5 June, 1769. [I, 172.]

Robert Rankin, late of the River Kennebeck. Mathew Hastings, resident at the River Kennebeck, Adm'r, 16 Sep., 1767. [I, 131.] Charles Webber and Josiah Butterfield, sureties. Inventory by John Marsh, James Bacon and Thomas Clark, all of Kennebeck Ri\'er, — Jan., 1766, ^24 : 19 : 9. [I, I33-4-]

In the name of God Amen I Jonathan Preble of Georgetown In the Countey of Lincoln and Province of Masschusetts Bay In New Englen Gentelman Beaing very Sick and weak In Body But of perfect mind and memorey thanks be given to God therefor Calling unto mind the mortality of my Body and knowing that It Is ap]:>ointed for all men once to die do make and ordain this my Last will and testament that Is to say Principalley and first of all I give and Recommend my Soul Into the hands of God that Give It and my Body I Recommend to the Eartli to be Buried In decent Christian Burial at the discretion of my Executors nothing doubting But at the Generall Resurrection I shall Recive the same again By the mighty Power of (iod and as touching Such worldly Estate wherewith God hath Been pleased to Bless me In this Life I give de- mise and dispose of the Same In the following manner & lorom my Just Debts and funnarel Expences Being first paid Item I give unto my Loving wife Mehitable Preble on third of all my Real Estate on the Island of Arrowsick In said Georgetown during hir nateral Life and on third part of my Personal! during said term Item I give unto my Loving Son Jonnathan Preble and to his Heirs and assings forever two hundred akers of Land situated on the nothern side of Merimetting Bay In said Countey of Lincoln at a plase Called

30 I.lXfOI.X I'KOllAl I'. KIX'ORHS.

Abiggcclusat and Bounded Southwardly ]>y said Hay and Mxlcnding northwardly or northward according as It Is described 15y the Instru- mint of Convaince of said tract of Land unto me vuitill two Hundred akers be ("ompleat as also my Best fowling ])ice

Item 1 gi\e unto the Hairs of my Dearly Beloved Son l']benezer I'reble desesed and unto ther Heirs and assings for Ever fiftey akers of said Land ajoyning to the northen part of that tract as Hearafter giv- en to my Son Abraham and this with what I have formerly given to my said Son Kbenezer In his Life time and alowing him to Shair In the produse of a tract of Land on Cusens Island In North yarmouth to the value of on houndred pounds to be said Hairs i)art of my Real Estate

Item I give unto my Son Abraham Breble his Heirs or assings for Ever fiftey akers of Land ajoyning to the north part of that tract as above given to my Son Jonnathan and to Extend northward from Saied tract and Southward on a tract of fiftey akers given to the Heairs of my Son l^benezer desesed till said fiftey akers Is Com])leted and this with what I have formerly done f(jr him In allowing him to Share a part of the Sale of a tract of land Lying on C'usenses Island in North- yarmouth to the valu of on hundretl pounds to be his Share of my Real Estate

Item I give unto my Son Joseph Preble whom with my Son Abraham preble I Constitute and ap )int to be my I^xecutors of this my Last will and testament and to his Hairs and assigns for I'>ver that third |)art of my Real lOstale on Arrowsick Island after the death of my wife which I have as above given unto hir during hir nateral Life together with all and Every part of my Real instate La\ing or Beaing on said Island

Item I give the Remainder of all my personall Estate not Before dis- ])osed of after the folowing manner viz on fourth i)art thereof to my Son Abraham I'rcble on fourth i)art to the heirs of my desesed Son Ebenezer and on forth part to my Son Jonnathan i)reble and on fourth part ot my Son Jose]) ])reble to I'lach and Every of them ther Heirs and asigns forever L.ut wheras my title to the Land Beciuathed as above to my Son Jonnathan Preble Is not Such lUU that ther Is a posa- bility of his failing In holding the Land I have will to him as above and mor probcll that he ma\' be put to som I'.xpenccs l'.\- Law or other- wise to Secure his title to sead Lands at Abegduseet It therfor Is my will and order that my Son Abraham my Son Joseph and the Heirs of

i.ixroi.x r'Ri'i;.\iF, RiTOKPS. 31

I'.iy Son l^lbenezer pribell Each and Everey of them and the heirs pay unto my Son Jonnathan Preble or his heirs on fourth part of all such Charges arising By Law Suits or otherwise that Is to Say my Son Abra- ham or his heirs I'ay on fcuith pr.rt and the Heirs of my Son Ebenezer dessed pay on fourlh i)art and llie Heirs of my Son Joseph prible on fourth jjart of all the Charges that may arise on defenden the tide to said track on Abageduset that 1 have willed to my Son Jonnathan In this my Last will and furder It Is my will & pleasure that Before my Son Abraham preble the heirs of my Son Ebenezer preble and my Son Joseph Preble have and Receive ther Share or ]jart of my personal Estate that they Saverley Becom Bound to my Son Jonnathan prebie that If he Cannot Injoy said tract By virtu of this my will p]y the fail- uer of my title to the Saim that then my Son Abraham preble pay to my Son Jonathan preble twentey pounds Lafull money and the Heirs of my Son Ebenezer preble pay thirteen poimds Six Shillings and F^ght pence and my Son Joseph prible pay twintey six ])ounds thirteen Shil- lings and fower pen Lafull money the above Sums to be i)ay'd to my Son Jonnathan or his Heirs

Revoking all other wills and I'.eciuethments I do Ratify allow and Confirm this and no other to be my Last will and testement In witnes wherof I do Hereunto Sett my hand and Seal 24 day of October a 11 no ' 763 ye 3 year of His Majesteys Reign

X B the 2 words By & the In the 30 Line the word S )n In the 90 Line P^nterlined Befor Signed ye word pound In 40 Line Enterlinetl Befor Signed

Signed Sealed published Jonathan Preble (Seal)

and pronounced and declamed By the Said Jonathan preble to be his Last will and testament In presants of us

John Trott

Benja Trott Juner

Lemuel Trott Before Sigen nine words In twintey fifth Line and five words In twintey Sixth Line Both In the Second page Rased Befor Signed

Probated 13 Ap., i 76<S. [I, 134-5-]

Inventory by Samuel Denny and John Stinson,' both of C.eorgetown,

and John Patten, of Toi)sham. 3 May, 1 76H, ^^901 : 1 5 : 9. [I, 136-

7.] Samuel Preble and Ebenezer Preble, minor sons of J'lbenezer

7,2 LINCOLN I'KOrATK RLCORDS.

Preble, late of Woolwich, deceased, chose Samuel Ilarndcn, of ^^'ool- wich, to be their guardian, 1768. [1, 151.] Samuel Haiden ap- pointed guardian unto Mary Preble, minor daughter of Mbenezer Preble, late of ^^'ool\vich, deceased, 27 Sep., 1768. [I, 154.]

?\Ietldunkco:;ke July ye 26th 1767

To all people t^ whome these presents shall come ("ireeting: Know ye that I Samuel Jameson of Meeddunkcooke in the county of Lincoln in the province of the Massachusetts-bay in New-england husband-man being sick and weak of body and Judging the time of my death is nigh yet bing by the mercy of (rjd in ye use of my reason & perfect in my understanding, do make my last will iv: testament as follows, Imprimis I do Constitute and ap[) >iiit my ]u\ing Wife Sarah and my Son Martin Jameson to be my Jcjint executors to this my last will & testament. Item I do give unto my eldest daughter Jane Jameson of falmouth one half of my land whuh I bought of Yardly Lewis which lyeth on CJeorges ri\ur to her her heirs and assigns forever, and the other half of s'd lot of land 1 give to my eldest Son Martin Ja:neson to him his heirs and assigns forever he to have ye back part Item my homestead on whicli 1 now dwell I gi\e to my five Sons namely Martin Jameson Joseph Jameson Samuel Jameson brice Jame- son and George Jameson to be equaly divided among them when the youngest comes to lawful age they paying \.o each of ray two daughters namely Mary James'^i & Rachel Jameson the suni of two i)ounds thir- teen shillings and four i:icnce when the land is divided that is to be in Luvfim money : and to my wife Sarah Jameson I give the imprt)vement of my land & moveables for the payment of my Just debts & liringiug up of my children till they come of age & then one third i>art of the moveables to belong to her as long as she lives & then to be equally divided among the children & the other two thirds to be ecjually divid- ed among the children : & if any of the children die before they come of age then their part to be divided equally among the Sons and upon mature consideraiioa I declare this to be my last will & testament here- by disowning all other things of this nature in witness whereof I have hereunto set my hand <!^: sea! the day «S: date first mentioned Signed & sealer] in Samuel Jameson (Seal)

presence of

Paul puneson

ICbenezer Davis

Abiah Wadsworlh

MXCDI.X rROlUTK RECORDS. 33

Probated lo Aug., i 76.S. [I, 137-S.] Invcnloiy by Samuel (iilchrist, Patrick Porterfield ami Paul Jameson, of Meduncook, y Aug., 1768. [I, 199.]

In the Name of (lOl), Ami-n 'i'he twenty thard Day of Aj)ril Anno Domini one 'I'housand Se\ en hundred and .'-^ixly four I Samuel Bogs of St (ieorges in the County of Lincoln antl povince of the Massachusetts Bay in New England Hus- Itandman being weak in Body but of perfect Mind and Memory Thanks be gi\en to (101) :

'I'herefore Calling to mind the mortality of my Body, and knowing that it is appointed for all Men to Die, Do Make and Ordain this my Last \\'ill and Testament That is to say principally and fir.st of all I give and recommend my Soul into the hands of CiOD who gave it and my Body 1 recommend to the Eardi to be buried in decent Christian Burial at ihe Di.^cretion of my E.xecutors, nothing Doubting but the General Re- surrection 1 shall receive the same a gain by the Mighty Powar of GOD. .And as touching Such Worldly Estate wherewith it hath pleased GOD to Ble-s me in this Life I give, demise, and Dispose of the Same in the following Manner & Eorm.

Imprimis I gi\-e and bequeath to my well Belo\ed Daughter Jane Motley li\e Shillings to be paid her by my Ivxecutors out of my Estate which with what She has all ready Received is her full protion or Share out of my Instate

Imprimis 1 gi\e and bequeath to my well ]3eloved Son John Bogs one Straitboded Coat of Broad Cloath one great Bibble one Large loin pott, one pair of Larg Stillerds one pair of Larg Andioin with SunDries of oulher Smal things twanty Six pounds thirdteen and four peance for my Bord and twanty ])Ounds from those Deats that Shall be Call in which with what he has allredy Received is his full ])rotion or share of my 1 '.state

Impiimis I gi\ e .And becjueath to my well belmed 1 )aughter Anne Ra.x Si.K pounds thirdteen Shillings and four pence paid her by my E.x- ecutors Out of my Instate which with what She has allready Received is her full i)rotion or Share out of my Estate

Imprimis 1 give and bequeath to my well belo\e(.l Son Samuel Bogs one great Coat of Myen one Not that I had of Chusen one Not that I had of Bickmore which with what he has Received is his full protion or Shear out of my Estate Imprimis I give and bequeath to my well belove Son William Bogs

34 T.ixroT.N rRor.MT, rf.cords.

a I'athcrs Hcail ihal 1 know Lie on and all thai belongs lo ihe Bead which with what he has had or Received is his full protion or Shear out of my Instate

Iiiipriiiiis 1 give and beciueath to my well belove Daughter Mary Uurns fi\e Shilling which with what She has allrady Receive i^ li'V full protion or Shear out of my Ivtate

Iiiipriiiiis I gi\e and be(|ueath to my well beloved <irand Daughter Ann mcDaniel Six pounds thardteen Shilling and four pence to be left in the Trusuer\' tel She Shall Com of I'lage by the order of the Execu- tors

Iiiipriinis 1 give and be([ueath to my well beloveed (Irand Son Sauuicl Txjgs three pounds Six Shilling and Haght pence to be Left in the hands of the F.xecutors tel he Shall Com of ICage with Lawfull Intress tel then and if (iod Shall take away his ISreath this Sum is to go to his Sister Anne. T I )o hearby apint John and William IJogs my Sons to «be my l'",x- ccutors of this my I-ast ^^'ill and Testiment ^\'hereof 1 ha\e hereunto Set my hand and Seal —

^\■itness Preseant Samuel liogs (Seal)

John Crawi'ord I Declar this to be

John Millar my Last will and

Andrew Storer 'Lestament

Probated 15 June, 1768. [I, 1,^9.] John Bogs disclaimed executorship 19 May, 176S. [I, \:}i'^.'\ Inventories by Patrick Porterfield, Alexantler ],ermond and vSannicl

Creighton, all of St Ceorges. [1, 140 (S: 223.] Account filed 3 Oct.,

T770. [1,223.]

Adino Nye, late of a ))lace upon Kennebeck River without the Bounds of any Town. Mary Nye, of said place, widow, Adm'x, 30 Jan., 176.S. [I, 141.] Charles Cushing and ICdmund Bridge, sureties. Inventorv bv Charles Cushing, Edmund Bridge and William Silvester, all of Powna- borough, 23 June, 1768, ^21 1 : 10 : 5-)^. [I, 146-7.]

Samuel Hinkley, late of Ceorgetown. Sarah Hinkley, of ( leorgetown, widow, Adm'x, 18 June, 1767. [I, 14S.] I'klmund Hinkley and AV)iel l.ovejoy, sureties. Inventory by (ieorge Rodgers, Jose])h Har- ford and Mathew Mckenny, all of Ceorgetown, 1 lulv, 1767. [I, 148- 9,] ' ^ .

Henry Fosset, late of Pemaf|uid. Ceorge Caldwell, of Bristol, Adm'r, 30 July, 1765. [I, 152.] Samuel (Goodwin and Jonas Eitch,

I,l\( ( II, N I'Ki >l'\ Tl' Kill iKKs, 35

siirclics. IiivonU)ry by Tatrirk Rodgers, William Spruul and Francis ^'oung, all ol ])ri^>tol, 5 Aug., 1765, ^/.loo : o : o. [1, 153.]

In the name of (loci Anu-n, the fourth day of Ajiril A. 1 ). 1766, I lames Wvman of Pownalborough in the County of Lincoln yeoman being aged ^: infirm of body, but of sound mind, after commending my Soul into the hands of Almighty ( iod, ts: my body to the Karth to de- cent burial, do make this mv la.st will tV' testament iS: dispose of my worldly e:,tate in manner following That is to say — Imps 1 gi\e iS: bequeath to my beloved Wife Hethiah one Cow & all my houshold stuff & furniture, besides her Dower in my real estate — Item, I give to my Daughter lllizabeth McCausland the sum of Five shillings to be i)aid with a year & an half after m\- decease by Son \\\\- liam which with what 1 heretofore gave her at Marriage or since is in full of her jiortion of my estate —

Item I gi\e to my Daughter Hethiah Small the sum of fne shillings to be ])aid her in a year iS: an half after ray decease l)y my Son ^\'illiam, which with what I heretofore ga\e her at Marriage & since is in full of her portion of mv estate —

Item I gi\e to my Daughter Abigail Bickford the sum of \\\^ shillings to be ])aid her by my Son William in a year& an half after my decease, which with what 1 heretofore ga\e her at Marriage Cv since is in full of her i)ortion of my estate —

Item 1 give to my Daughter Prudence (ioodwin the sum of Fuurty shillings to be i)aid her in a year (S: an half after my decease l)y my son ^\'illiam which with what 1 gave her at Marriage M: since is in full of her portion of my estate —

Item I gi\e to mv Daughter I )eli\er;ince Call the sum of 'Two piounds Thirteen shillings & Four pence to be paid her by my Son William in a year & an half after my decease, which what 1 gave her at Marriage \: since is in full of her portion of m)- estate —

Item I give to my Daughter 01i\e (ioodwin the sum of Six ])ounds Thirteen shillings <S: four pence to be paid htr in a \ear & an half after my decease by my son William which with what I ga\ e her at Marriage (S: since is in full of her portion of my estate —

Item I give to my Daughter Molly the sum of Twenty ])ountl.-> to be ]iaid her when she arrixes at the age of l^ighteen years by my Son Daniel.

Item I give to my (irand Daughter Flannah Daughter of my son lames deceased the sum of five shillings to be paid her by m\' son W il- liam in a year & an half after my decease —

36 LINCOLN I'R()r..Vli; RIXOKDS.

Jtcm I give & devise to ray son Daniel his heirs Ov assiyii;-, lorcxcr my half of the land & real estate at liowdoinham in said County of IJncoln, which was conveyetl to me & my son William by Deed by Agreen Crabtree, the whole being about Fourty acres, also Twenty acres of I, and on the northerly part of my Land on Swan Island in said I'ownalborough, at the ^Vest Km\ of the Mighty acres of Land Lazarus Noble lived upon, he the said Daniel paying the said Legacy of 'Lwenly l^ouuds to my Daughter Molly as aforementioned — Item, All the rest- i!v: residue of my estate real & personal upon said Swan Island, in s'd I'ownalborough, & at Falmouth in the County of Cumberland, or wheresoever else lying situate or being, of what name or nature soever 1 give ^: devise to my son ^Villian^ his heirs «!\: assigns forever he the said William i^aying all my debts & funeral Charges, iV- all the TvCgacies herein severally given to my Daughters excei)t said Twenty pound Legacy he also upon demand making executing & de- li\ering to my son Daniel & his heirs a good & sufficient deed in the Law of all the i'^state right title & Interest which he the said \\'illiam shall then have in (.\: to the the said half of said Fourty acres of Land at said Bowdoinham herein devised to the said Daniel Lastly I appoint my son AVilliam Fxec'r of this my ^Vill — In witness whereof I have hereto set my hand & seal the day first aforewritten —

Memo, the words (my) (with) (\Villiam) ((S: his heirs) were inter- lined before sign'g &c signed sealed published iJv:, declared by the said James

the Testator to be his last James WVman (Seal)

^Vill & testament in pre- sence of

W'm Cushing

Abiel Lovejoy

Samuel Reed

Probated 23 Ap., 1766. [I, 154.] Abiel Lovejoy and Obadinh Call, sureties.

Samuel Ilarnden, late of Woolwich. Mary Llarnden, widow, and Samuel Harnden, both of ^\'ool\vich, Adm'rs, 19 Aug., 1768. [I, 155.] Abraham Preble and Joseph Preble, sureties. Inventory by .Aaron Hinkley, John Stinson and l)a\id Cilmor, 17 Nov., 176S. [I, 229.]

In the Name of God Amen The Second Day of July, 1767. I Morgan McCaffry of the 'i'own of

LINCOLN PRORATE RECORDS. 37

Bristol, husbandman, being very Sick and weak in Body, But of perfect mind and Memory, Thanks be (iiven unto (iod : —

Therefore Calling unto mind the Mortality of my l]ody, and Know- ing that it is appointed for all men once to Dye, Do make and ortlain this my Last will and Testament, That is to Say

Principally and first of all, I give and Recommend my Soul into the hands of (iod that (rave it, and my Body I Recommend to the Earth, to be Buried in Decent Christian Burial at the Discretion of my Exe- cutor _; Nothing Doubling but at the General Resurrection I shall Re- ceive the Same by the Mighty ]jower of God. And as Touching Such worldly Estate wherewith it hath pleased God to Bless me in this Life I Give Demise and Dispose of the Same in the following manner and form

Imprimis I will that my Instate Both personal and Real be Disposed of after my Decease according to the Method and Discretion of my Executor and Executrix as they Shall think most Convenient and that my Just Debts should be paid to my Creditors out of the Same. Item I gi\e to my well Beloved wife Ann McCaffry one Third of the whole of my Estate after it shall be Disposed of as before mentioned for her sole and proper use to be Raised and Levied out of my Estate Item, and whatever Else shall Remain of my Said Estate after it be Disposed of in manner aforesaid I Give to my Children To W my Sons James, John, my Daughters, Frances, Jane, Mary & Margarett I Do hereby utterly Dissalow, revoke and Disannul! all and every other former Testaments, Avills Legacies, by me in any wayes before named Ratyfying and Confirming this and no other to be my Last will and Testament. I-ikewise I make Constitute and ordain James Little of New Castle to be my Executor and Ann McCaffry my Ikdoved wife to be my Executrix to this my Last will and 'lestament \\\ whittness whereof I have hereunto Sett my hand and Seal The Day and Year above written

Signed Sealed published pronounced and Declared by the Said Morgan McCaffry as his Last will and Testament in the presence of us the Subscribers Morgan McCaffry (Seal)

David Drowne

Patr'k Rodgers

John Mcfarland

Probated 15 June, 1768. [I, 156.]

Ann McCiffrv :ind J;imes Little disclaimed executorship 21 Aug.,

3<S LINCOLN" PROr.AlI-: RKCORDR.

1767. [I, 156.] Joseph Hcnshaw, of P)Ostnn, and Kobctl .■^iiroul, 01 Piristot, Adni'rs anii 7'<s/ti/iicnfii ainnwu', 14 June, 1 76.S. [1. 157.] l\.ol)ert Sproul. William Uurns ami William McClain, suielie-s. Inxt-n- tory In' Alfxandcr Nickf is, Samuel lioydand Alexander l-'osset, all 01 liristol, 8 Dec, 1768, /■t83:o:2. [1, 208.] Alexander Nickels and Samuel li'iyd. both 01' liristol, commissioners to examine claims, 1 :; lune, 1 76S. [1, 209.] Accoiml filed 27 Xi)\'., 1770. [I, 210.]

joint I ,ouis (";;\alear, late ot rownallxjroug'a. Mary C'a\alear. ol' Boston, widow, Adm'x, 28 ( )ct., 1768. [I, 157.] l<udol])h I'red- erick (ieyer and Christian l'"raiickl'ort, l)oth of ilo.-,ton, sureties, in- ventory Ijy Charles ("ushinsj;, I'Vancis Kittal and John Stein, all of Pownaiborougli, 26 Jmie, 1 770, X ' ^"' ■ ' .■> • 4- ['' -'4- I

Ral])h Chapman, late of I'ownalhorough. I'rudence Chapman, of I'ownalborougli, widow, Adm'x, 26 1 )ec., 1768. [I, 158.] Samuel (ioodwin, Jr., and l^dnnmd Bridge, sureties. Inventory lyv Samuel Kraerson, Richard Ridder and l']dnumd iiridge, 26 Jan., 1769, ^558: 17 : 3'-'- [U -<'4-] Account filed 24 Mav, 1771. [I, 207.]

Thomas I'atridge, late of Bristol. .Alexander Nickels, of Bristol. .\dm'r, 10 Jan., 1766. [f, 158.] .Mexander McCdathry and C'harles Cushing, sureties. Insentory l)y John M( I-'arland, I'atrii k Rodgers and Alexander McCilathry, 28 Sep., 1769, ^i 1:6: 8. [I, 169.]

Robert Mctdathrv, late of I!rist()L .Alexander .McClathry, of Bristol. .\ihn'r, 10 Jan., 1769. [I, 158.] Alexander Nickels and Charle.^ Cushing, sureties. Inventory by .Alexander Nickels, Patrick Rodgers and John McFarhmd, all of Bristol, 2_:; Alar., i 769, ^^69 : 8 : o. [1. 190.] .Account filed i Mar., 1770. [I, 190.] William Mc(dathry, of IJristol, guardian unto .Margaret and Sarah, minor daughters, 1 l'"eb., 1774. [11. 170.]

Samuel 1 lodge, late of Newcastle. Henry Hodge, of .Newcastle, .\dm'r, ijjjan., 1769. [1, 159.] ln\ ent )ry bv John Nb.Near, James Cargill and benjamin W'oodbridge, all of Newcastle, 2^, Jan.. 1769, /^,2 1 jt, : j^ : () . [1, 170.] .\rthur Noble, of a place called W'alpole, and Samuel Nickels, of Newcastle, commissioners to examine claims. [1,267.] Account filed 20 Oct., 1774. [1,268.]

("harles Peissner, late of Broad \\i\\. Mary Peissner, of I'.road Pa\. widow, .\dm'x, 22 l''eb., 1769. [1, 159.] Inventory by John Martin, Jun., John rimerand .Mathias Rameley, 27 i'eb., ' 769, _/'34^^3 : 16: i, Ultl 'i'enor. [1, 192-3.]

LINCOLN I'ROJUTF. RICCORl )S. 39

Jacob Hcarsy, late of Pownalborough. John Andrews, of I'ownal- borough, Adni'r, 24 l''eb., 1769. [1, 160.] John McCiOwn and (ieorge Goud, sureties. Inventory by John Mc(io\vn, George Goud and I'>hnund Uridge, all of Pownal borough, 19 Mar., 1770, £,^'l : 7 : 8. [I, 19S.] Charles Gushing and Samuel Goodwin, both of I'own- alborough, commissioners to examine claims, 27 Aug., 1769. [I, 231.]

I'hili]) Rominger, late of IJroad Bay. Caleb Howard, of Broad Bay, A(bn'r, 3 Mar., 1769. [T, 160.] George Dalheim and Michael Sides, sureties. In\cntory by (leorge Dalheim, Michael Sides and Mathias Kemely, all of Pkoad Bay, 30 Mar., 1769, ;£S9- • 5 ■ o, Old 'J'enor. [1, 184.] Account filed 9 Mav, 1760. [I, 185.]

In the Name of (iOI), Amen 1 William Watson of a place called St (ieorges in tlie County of Lincoln and Province of Massachusetts Bay in New-lCngland yeoman. Being Sick and ^\'eak of Body, but of perfect Mind and Memory, Thanks be given to God therefor calling to mind the mortality of my Body and knowing that it is appointed unto all men once to Die, do make and ordain this my last Will and Testament, that is to say principally and first of all I gi\e and reccommend my Soul into the Hand of Almighty God that gave it, and my Body I reccommend to the Earth to be buried in decent Christian Burial at the Discretion of my Executors nothing Doubting but at the general Resurrection I shall receive the Same again by the Mighty Bower of God. And as touching such worldly Estate wherewith it hath pleased God to bless me in this life, 1 give demise and dispose of the same in the following Manner and l''()rm

Jiiipriiiiis 1 give and Bequeath unto my well belo\ed Son A\'illiam Watson the full two third parts of all my Lands and Real Estate namely the westerly part of my Farm to be divided by a Strait Line from St Georges River to the opposite Line, together with all m\' yv\- sonal, or mo\abIe ICstale of what name or nature soever llcvn I give unto my well beloved Son James Watson one third part ol my Real Instate namely the Easterly ])art of my said Farm to be <li\ided in manner aforesaid, but if my said Son James shall not in his own jiroper person come and settle on the said Lands and improve the same, then my will is that the aforesaid one third i)art of the I,and be equally divided between my Sons David, (S: Matthew, or to the longest li\cr of tliem if either of them shall Die without Children item I gi\e unto my well beloved Son Da\ id A\atson one Voke of

40 I.IXCOI.N rROI'.AIF. KKl'DRDS.

Oxen and one Cow, to be delivered unto him in one year after my de- cease or when he shall arrive ^t the a'j,c of twenty & one years, he to ])e suitably instru* led in Readlinsj; writinj^ and Cyi)hering suitable for a person of his Station to be le\ ied and ])aid for out of the whole of my Estate

Item. I give unto my well beloved Son Matthew Watson one \'oke of Oxen and one Cow to be delivered unto him in one year alter my de- cease or when he shall arrive at the Age of twenty and one years he also to be instructed in Reading writing iS: Cyphering suitable for a person of his Station to be levied and jjaid lor 6nt of the whole of my Estate

Item. I give unto mv well belo\ed Daughters namely jane iJbbee, Margaret Robinson, and J^lizabeth \\'atson iV to each of them a ]>ible each to be delivered in one year after my decease to be levied and \)cLu\ out of my whoh- P'stale which together with what they ha\e al- ready ha<l is their full portion out of my Estate

Item. I give unto my (irandson John Watson son of my son lohn Watson deceased one ^ (>ke of Oxen, in one \ear after my decease or when he shall arri\e at the Age of twenty and one years if he shall live thereunto, to be levied out of my whole Ivstate

Item. I give unto my (irandSon Jeremiah Core son of my 1 )aughter Mary Core deceased, one Cow, in one year after my Decease or when he shall arrive at the age of twenty c^' one years, if he shall li\e so long to be levied out of tlie whole of my Estate. My lurther will is con- cerning my Sons David <S: Matthew that they l)e instrmted in the Art of making Sh(jes

And I do constitute make and f)rdain David l-'ales I'.siir Joseph l\.f)b- inson & Samuel Creighton (lentlemen all of St Ceorges aforesaid to be the Executors of this my last Will and 'J'estament. And I do herein' utterly disallow, re\oke and disanu.ul all and e\ery other former Testa- ments, Wills, Eegacies, l)et|uests, and iOxecutors, by me in any ways before-named willed and Iletpieathed, ratifying and confirming this and no other to be m\- last Will and 'I'estament. In \\itne>s whereof I have hereunto set my Hand and Seal, this twentieth Day of Xo\ember in the eighth year of the Reign of our Sovereign Lord {".ef)rge the third K]ng ^c J ////<»///<■ /),>//////> One Thousand Seven Hundreil and Sixty Seven

Wilhn \\'al-,on (Se;il) Signed, Sealed, ])ublished, pronounced

and declared bv the said Willi.nu

LINCOLN I'Kor.A'l K RI;cmi.;i >S. 4I

AVatson io be liis last, Will, &

Testament, in pr-^sence of us

who have hereunto sTil)-,cril)e(l

our Names

Jonathan Nuttin*;

Mason \M"i('aton

John Mcrarter

Probated 8 Feb., 1769. [T, 161-2.]

Joseph Robinson and SanviU'l Creighton disclaimed executorship 8 1 eb., 1769. [1, 163-3] Inventory b}' Mason W'heaton, John Mc- Carter and Alexander Lermond, all of St (ieorges, 16 Feb., 1769, ;£\()i : 13 : 6. [I, 186.]

In the Name of Crod Amen

This is the will and testement of Me the Subscriber Tames Patterson of Pownalboro in the County of Lincoln Peing of sound mind & per- fect Reason

Item I Give I\fy .Soul to all mighty God from whome I Received it and My Rody to the ICarth to be Deasently Buried in sure & Cerf^in Floops of a Glorious Reserrection to life Eatearnell Item 1 Give unto My Dear beloved wife Margrett Patterson all my whole Eastepte Reall & personal! after My lawful Debts are paid and my funera 1 Charges paid and my three Children \ iz two sons & one Daughter is to be Hansomly Hrough up to Lawful! age out of my Eas- tate and allso to pay to My son William ten pounds lawful! iro;:y and to my Daughter Abigil' ten pound-- Lawful! money & allso to my .son James Howard Patterson ten pounds I,awfull mony out of my Easteate as the Come of Lawful! Age to l)e paid to them by my !)eloved v»ife Margrett whome I hereby p^ake & orda"n My Soul l'>xecutrix to this my Last will & testement maid this sixth Day of Mav 1764 .Signed Sealled Sealed & Dellv'd In presents of James Patterson (Seal)

Mary Br}ant

James Howard

Jona. Bryant

Prol)aled 12 \\)., 1769. [I, 163-4.]

In the Name of (iod amen the twelth day of January An/io Domini I 769 I James Work of 'I'opsham in the County of Lincoln yeoman be- ing very sick and weak in Ijody but of perfect mind and Memory, thanks be given unto God, — therefore Calling to mi ml the Mortality of

42 I.INIOI.X I'ROIIA'rK RIXORDS.

My l)(Mly and that it is appointed unto all Men <>n> c m i\\v, dn nuike :^•^v[ ordain this ^^y Last Will and testament, that is to say, ])rin(ii)ally and first of all 1 (live and recommend m\' soul into the hands of (lod that gave it; and my body I rei-ommend to the Ivirth to he buried in decent Christian burial at the discretion of my Kxecutor nothing dou])t- ing iMit at the General Resurrection I shall receive the same again by tile .Mighty i)o\ver of (iod. and as touching such worldly Instate where with it hath pleased (Iod h) bless me in this Life I (Jive demise and dispose of the same in die following manner and form — Imprimis I give and beipieath to Margret my dearly beloved Wife all my household furniture with the one half of .\[y (Jattle and Sheep (lv\- cept, one Cow and Calf, asid five Shee]) out of her half which I gi\e to my son William or is hereafter Mentioned) to be at her disposal for- ever, as also one third of all My Lands with one third of My House and liarn with one half of all My farming tools during her n;itrual Life Item 1 give to my well beloved son lObenezer Work whom 1 likewise Constitute make and ordain my sole Kxecutor of this my Last Will and testament all and singular My Lands .Meas-.ui^gs and tenements by Idm freely to be disposed of (after my said wife.; desease) the two thirds of which to be freely ]) ossessjd and lajoyed l)y him during her life to- geather with the one half of all My (.'attle and sheep with one half of all my farming tooles

item I give to my well belo\ed son William Work one Cow and Calf and five sheep

Item 1 give to my well l)eloved Daughter Janne Dunlop ten shillings to be paid her out of my iv-itate by my Ivxecutor within twelve Months after my Death

Item I give to my well beloved Daughter I'dizebath Orr ten shillings to be ])aid to her out of mv Instate bv mv said ]v\eculor within twehe Montlis after my Death

And 1 do herel)y utterly disalow revok and tlisannul all and e\ ry other former 'I'estament Wills Legacies and bequests and l-Accutors by Me in any ways before named willed and beipieadu'd Rallifying' and Confirming this and no other to be My Last Will and testauieut In witness whereof I have hereunto set my hand and seal the day ami year first abo\e written Signed sealed ])ublished

l)roiiounce<l and declared by his

the saitl James Work as his James () Wmk (Seal)

Last Will and testament Mark

LIXCOI.N PROIiATE RECORDS. 43

in the presents of us the subscribers

William Thorne

Prince Rose

Willliam 'Ihorne Junior

Probated 12 Ap., 1769. [T, 164.]

In the Name of (lod Amen, on the 31st Day of March in the Vear of our Lord 1767 1 John Reed of Booth bay in the County of Lincoln and Province of Massachusetts-bay in New England, being very sick and weak in body, but of perfect mind and memory, calling to mind the Mortality of my nature and expecting soon to go the way of all liv- ing do, with deliberation, and of my own free Choice, make and or- flain this my last will and testament, that is to say

first of all 1 commit my Soul unto God thro' the hands of m)' only Advocate, the Lord Jesus Christ, on whose perfect righteousness alone I depend for Justification, thro that everlasting Covenant of Grace which I desire to die embracing as the only ]jlan of my redemp- tion ; and my body to the dust to be interred, with decent Christian burial at the discretion of my Executors : hoping to receive the same again at the resurrection of the Just : and touching the Family and worldly substance with which it hath pleased God to bless me in this life, I dispose of them in the manner following.

Item Secondly I do constitute and appoint my trusty friends the Re\d John Murray Mr Robert Murray and Mr David Reed all of Boothbay to be the Kxecutors of this my last Will and testament and Guardians of my beloved Wife and all my Children until they shall legally choose other Guardians for themselves ; and I do authorize them to o\ersee, direct, and dispose of my said family as faithful Cniardians, in such a manner, in all their affairs, as shall appear to them, in their best Judg- ment, to be most for the advantage of my said family. Item Thirdly I do especially require my said Kxecutors to take care that all my children be educated in the fear of (iod, in the Protestant reformed Religion, agreeable to the Westminster Confession of Faith and Catechisms, according to their Circumstances in life, at the ex- pense of my Estate.

Item fourthly I ordain that all my Debts shall be paid out of my whole estate ;

Item fifthly I allow my whole estate to be kept undivided until my eldest son Andrew arri\e at years of maturit), or until such time as a

.14 I.INX'OI.N I'Ror.ATK KllCdRDS.

niaJDritv of niv said ICxccutors shall think a (li\ision necessary or ex- IK-dicnt : until then it sliall be improveil by my Widow and Children, (or such of them as shall be thought fittest by my Ivxecutors,) for the benefit of the whijje, and shall be liable to i)ay all the debts justly con- tracted for the education or Maintainance of my children until they ar- rive at the years of maturity ; and 1 ordain that if they or any of them shall be charged as debtors to my ICstate for their needful maintainance of food and raiment until their arrival at said mature age, then my said estate shall be liable to i)ay to such child or children for his, hers, or their service, work, or labour before said age such wages as shall be judged right, by my said Executors with three other Judicious men cliosen by consent of my widow & such child or children ; which six shall also determine what shall be paid to the wht)le estate for such provision.

Item 1 ordain that whenever a di\ision shall be agreed on, my belov- ed wife shall have over and above her share, one yoke of steers given oii the whole : and then all my moveable goods and chatties shall be e<|ua]ly divided among ,t all my dear children ;

Item whereas, at the death of my hon'd Mother, there will fall to me an efiual share with her other Children, out of her estate, I ordain that it be ecjually dixided as my other goods.

Item seventhly I ordain that my real estate, inclosed within my fence, bounded by Mr Sloss'es, Mr McCulloch's, and Rev'd Mr Murray's lots be, at the discretion of my said ICxecutors, divided into e(iual shares amongst my Children as my other goods ; Andrew to have his share next to Campbell's p )nd, John to have his share next to him, and so my other children, my Dear Wife to ha\e that part next the sliore with the house (S:c in hers : and if with the consent of my said Mxeculors, they or any of them shall choose to sell their shares, then I do ordain that my Son Andrew shall have the first right of i)urchase of all such shares as shall be sold, my Son John the next, my Son Henry thi; next, my Son David the next right and then my Daughters according to their age, and I do hereby ratifie and confirm this as my last Will and testa- ment the day and time first above written mark Signed sealed published jironounced John O Reed (Seal) and declared by John Keed to be his last Will in the ])re.-.ence of

Andw McFarland

Samuel Adams

William Reed

lib

I.IXCOI.N I'RDP.ATE RF.OIRDS. 45

Probated 14 June, 1769. [I, 165-6.] Inventory l>y Andrew McFarland and Edward Emerson, of Booth- bav, and Thomas Boyd, of Bristol, 24 Mar., 1770, ^55:6:8. [I, ^43-]

Andrew Willard, late of Broad Bay. (Jeorge Uemuth, of Broad Bay, Adm'r, 14 June, 1769. [I, 167.] John Warner and Peter Bracht, sureties. Christopher Kline, of Broad Bay, guardian unto Margaret, minor daughter, 5 June, 1770. [I, 182.] Inventory by John Ploet- tenheim, John Warner and Joanne Peter Broest, all of Broad Bay, 15 June, 1769, /J^82 : 12:9. [I, 187.] Aecount filed 15 June, 1770. "[I, 188.]

(tawen ^^'ilson, late of Falmouth. Jeremiah Bote, of Falmouth, Adm'r. 26 Sep., 1769. [I, 167.] Stephen Longfellow and James McCobb, sureties. Inventories : personal estate by Noah Michell, Daniel .Merit and Moses Wostar, all of Pleasant River, 2 May, 1769, £^22: TO : 5^-2 ; real estate in Berwick, York County, by Peter Morrell, Jedi- diah Morrell and Nathan Lord, 4 Oct., 1771, ^^,15 ; real estate in Fal- mouth by William Bucknam, Nathaniel Carll and Benjamin Ingersoll, all of F^almouth, i June, 1770, ^216. [Unrecorded]

Hugh Wilson, late of Topsham. I^lizabeth Wilson, of Topsham, widow, Adm'x, 30 Aug., 1769. [I, 173.] Thomas Willson and .Sam- uel \^^ilson, sureties. Inventory by Thomas A\'ilson, Robert Cower and Actor Patten, all of Topsham, 3 Oct., 1769, ^-£^649 : 11 : o. [I, 191.] Account of Elizabeth ^^'eymouth, Adm'x, 9 Mar., 1787. [Ill, 137 and 245.] Samuel Thomps;)n, of Brunswick, guardian unto William, minor son, 17 Sep., 1787. [Ill, 160.]

Henry Little, late of Newcastle. James Little, of Newcastle, Adm'r, 25 Ap., 1769. [I, 174.] Alexander Campbell and Edmund Lieson, sureties. Inventory by Benjamin Woodbridge, Alexander Campbell and James Cargill, 12 July, 1769. [I, 196.]

Lochran McLean, late of Penobscot. Hugh McLean, of Milton, Adm'r, 30 June, 1769. [I, 176.] Richard Codman and John Kent, both of Falmouth, sureties.

In the nam of God Amen this tenth Day of November Anno Dom- nic one thousand saven Houndred and sixty nine and \\\ the tenth year of his majsteys Rign I William Stinson of (leorgetown within the County Lincoln and Province of the Masscutsset Bay In NewEngland yeoman Beanig much Indisposed In Boodey But of Parfet mind and

46 ll\(o|\ I'Koi;\TI- RKCOKDS.

mcmorcy thanks be to Ciod for His Cloodncss to me Calling to mind tlie frealety of my Hodey and knowing that It Is apointed for for all men to die do mak this my I,ast will and 'I'estment that Is to Say I'rin- sably and In the first Plaes I Cive and IJequeth my Soul to Clod that Gave It and my I>odey I Recomend to the Karth tobe Buried InaCristen and Deesent manar at the Discration of my of my Ivxecutors nothing Doubting Hut 1 Shall Rec It agean at ye Genarell Resurection By the Infinet Powr of God and as to such wordley Goods and l'>steat as God heas Bestoed on me In this wordal I Give Demise and DisjKjse of In the fowling maner and foram ///////w/V 1 Give and IJequath to my Beloved Dughter Sarah five Shillings Itam I Beciueth to my Belov- ed Daughter Jean n\e Shillings and Six Sheepe

latem 1 Becpialh to my Bel()\ed l)>ighter Margrat one yok of young oxon of threa years old and fi\x' Shillings

Itam I r>e(|uath to my Beloved Daughtar Marcy Six Shillings and Six Sheepe latem I r)e(|uath to my Bloved Son John Stinson on Sarten track or pe'^rsell of 1 .and on Arowsick Island Butted and Bounded as folloeth viz villes march on the west on the South By Lott No'r nin- teen .S: on the I'.st by the l>ack Riverr Jkaing i)art of Lott nomber twintey twintey on i\: l.ott nobr twintey two now In his Posetion I fur- der Give unto my Son John another Sarten track or Parsell of Land Bounded as folloeth viz Bouned on the i'^st ])y villes march on the South By Lot noumber ninteen on the north P.y Lott nombr twentey one Runing west towards K-^nabek Riser as far as the Senter of the Crreat Lage on the Last Side of the fresh water pond on Arowsick Is- land the above money P>equethed to Be paxnl In Six months after my Desses Item I P)efiueth -.mto my lieloved Son James Stinson one milch Cow and Six pv)nnds Six and l'",ghl Lawfull money to pe payd to him out of my l''.steat thai I Becpieth to my Son William Stinson Itam I Becjuath to my Beloved Daughter Ann twintey Six pounds thirteen Shilhns and Lght Penc Lawfull money to be payd unto hir in three years from the Day of my Bmell out of my Ivsteat that I Leave to my Son William Stinson Item 1 Leave and Be(pialh to my Bel n'- ed wife Klizeabeth Stins jn on half of all my Chatels anl all my Sheepe not dis]iosed of Refor Lickwise all my houshold furniter my I>eeds and Beiden ham 1 Beciuealh lo my Beloved St)n John Stinson on Lott of march at a pli.-s Called Bokers point In the Bak River on Arowsick Islanil which Lott of March Blongs to Lott numbr twintey of uj) Land un said Island Itam I Beiiueth to my Beloved Son

T.IXrotX PRtiP.AlK KiriiRps. 4y

William Slins')n all all the Remcandcr of of my Rcall and per- soiiall Ivsteat on aRr.viick lilanl not Di.spjse I of Before v\/. my la- trist In three Lotts of Laivl upland vi./ Lot No twintey twintey one (\: Iwintey two with on Lott of march at Bokers pjint In the Back River Beaing the westermost 1-ott of f"o Laieng ther & one half Lott of march In the mill Creek with on half of my Chatels not l)iS|Wsed of r>efor to him his hairs and assigns forLver as a Esteat of Inherintenc I Beciuath and (rive unto my said Son William my fishing Sconcr now Laieng In Kenbeck River It furder Is my will and plesuer that my Seaid Son William Stinson i)ay may Daughter Ann the above twintey Six poimds thirteen Shillings 8d willed to her as above out of my Esteat Left to him and all the Depts that I ow It Is my furder will and Ples- uer that my Sead Son William Stinson and my Brother John Stinson ICsq whom I apoint and ordean my Sole l^^xecutors (jf this my Last will and testment and I do hearbey Disanule and Revok all former wills and tistments or Bequathments By me In Eneys ways mead By me Before this Raetifieing and Confirming thi ; and no other to be my Last will and testmint In witness whereof I have Sett my hand and Sell this tinlh Day of November .!////(> Domiiia on thousand Saven hundred and Six- tey nine and In the tenth \-ear of his majsteys Rign

William Stinscjn (Sea!)

Charles Snipe

James Drummond

William Sullivan the fifth sixth seventh and part of the l'>ght Lines In the Scon;l page was Rased Befor Singen anil Selling this will

Lincohi Sis Georgetown Novmber lo 1769 William Stinson acknowlidg this his Last will and Testment to be his ack and Deed l!efore me John Stinson Justies Peaes-

Probated 8 Aug., 1770. [I. 177-S.]

Inventory by Charles Snipe, Daniel Mcfaden and James Dru:nmjnd, Jr., all of Georgetown, 29 Oct., 1770, £^\^ : 7 : 4- [^ 213.]

Amos Pinkham. late of P>ristoI. William MoClain, of Bristol, .\dm'r. 13 Sep., 1769. [I, 179-] William Martin and Jacob Dockendorff. sureties. Inventory by Williaai Martin, Jacob Ducken lorff an 1 d'h om- as Johnston, all of Bristol. 5 Ap., 1770, ^98:3:10. [I, 189.]

Samuel Davis, late of a place called Freetown. Moses Da\-is. oi Newbury Port, Adm'r, 20 June, 1769. [I, 176.] Nathan Gove and Samuel Goodwin, sureties.

48 i.i\((»i,\ I'RuiiAri: Ki:(.oKi)s.

Thomas I'crrin, late of Pownalborough. Malhias Siniih, of 'risbnry, Adm'r, 14 Aug., 1769. [I. iSo.] Samuel (roodwin aud Sauiucl (joodwin, Jr., sureties I nwntory by Samuel (i<.)od\vin. Robert 'I'wy- cross and William Silvester, 21 Aug.. 1769,^173 : 16 : i : o. [I, 193- 5.] Charles Cashing and R )b'>rt I'wycrjss, c;jmmissioners to examine claims. [111,3.] Accouni filed .May, 1773. [HI. 4.]

Moses Crele, late of the River Kennebeck. Moses (irele, residing at the River Kennebeck. .Adm'r, 12 May, 1769. [I. 180.] Roger Chase and Mathew Chase, snreiies.

Phili[) Ciill, lile of l\nviiall).)rongh. John Call, of Pownalborougli, .\dm'r, 18 -Vug., 1769. [1. rSi.J Inventory by Samuel (loodwin, Robert Twycross and Madiias Smith, 24 .Aug., 1770, /J'264 : 5 : 2. [I, 224.] .Account filed 12 Feb., 1772. [I, 232.]

In the Name of Cod .Amen The twenty I'-ight day of Ocr one thous- and Seven Hundred & Sixty Six I Joseph Y(.)ung of Po\vnalb:.)rough in the County of Lincoln <Jt Province of the Massachusetts bay in New England Yeoman Weak in l)odv but of Perfect mind & memory tlianks be given unto Cod therefore Calling unto mind the Mortality of my Body and knowing that it is appointed for al! .Men once to die do make and Ordain this my last will and Testament that is to Say Principaly and first of all I Cive and Recomend my S )ul into the Hands of Cod that gave it & as for my P> )dy I Recjuicuid it to the Erth to Buried in a Christian like iv: hecent Manner at the Discration of my Executors nothing Doubting but at the (ieneral Resurection I shall Recive the same again by the Mighty Power of Cod — .And as touching such World- ly goods & Estate wherewith it hath Pleased Cod to Ijless me in this life I (live Devise and Dispose of the Same in the following Manner and form —

Impriiniis 1 make C(jnslilule ^: Ordain my Sons Isaac tS: Joshua Young Executors of this my last will i\: 'I'eslament which I Confirm «.^ no r)thcr

2ly I give and beipieath unto my l^ldest son Josejih Young of h'd P>)wn;ill) )r;)U di all th it tract of \,\\\\ in s'd Fo^vn that he hath njw in Posation whare he n.r.v lives

3ly I give and Devi.se unto Isaac <5v: Joshua \'oung my Sons <S: l-^xccu- tors as afore.sai 1 all the R.'m lining Part A my Ian 1 in Pownalborough aforesaid to be Equally Divided betwixt them after my Disccse 4ly I giv'^ and Devise unto Thomas Young Son of my Son Thomas

LINCOLN PROBATE RECORDS. 49

Young late of Pownalboroiigh Dcc's'd twenty Shillings to be Paid out of my Personal Estate by my Executors & as to the Rest of my Per- sonal Estate I give & Devise unto my two Daughters Viz Sarah Hol- brook the Wife of Rich'd Holbrook & Anna Pearce the Wife of John Perce both of the Town aforesaid to be Equally Divided betwixt them In Witness Whereof I have hereunto set my hand & Seal the day & Year above Written Witnes Present Jona. Williamson

Lucy Silvester Joseph Young (Seal)

Jane Silvester

Probated 13 June, 1770. [I, 181.]

Jacques pjugnon, late of Pownalborough. Charles Gushing, of Pown- alborough, Adm'r, i June, 1769. [1,183.] Edmund Britlge and James Flagg, sureties. Inventory by James Flagg, Robert Twycross and Edmund Britlge 3 June, 1769, ^^251 :o : 5. [1, 184.] Account filed 10 Nov., 1774. [1,271.] Division of real estate by Philip Theobald, William Lewis and Asa Dinsmore, all of Pownalborough, 22 Dec, 1788 : dower to Margaret ,wife of Michael Stilfinn, and late widow of deceased ; remainder to James, only son, by consent of Margread, Jane and Sus- anna, daughters. Order regarding same, 24 Dec, 1789. [IV, 98 to

lOI.]

In the Name of God, Amen — The Twenty seventh Day of April A. D. One thousand seven hundred and sixty seven, I Daniel Goud of Pownalborough in the County of Lincoln, yeoman, being of perfect mind and Memory, & knowing that it is appointed to all men once to die & thinking it my Duty to set my house in Order, before that awful last hour overtakes me, do hereby make and ordain my Last Will and Testament; that is to say, principally and first of all I commend my Soul into the hands of God that gave it, trusting in the Merits of his Dear Son My Lord and Saviour, for the pardon of all my Sins and Ac- ceptance with him — My Body I commit to the Earth to be buried at the Discretion of my Executor, nothing doubting but that I shall receive '"'^'S the same by the mighty power of God at the General Resurrection- And as to my worldly E^state wherewith it hath pleased God tr l-i'viss me in this Life, I give, devise and dispose of in manner and form fol- lowing that is to say

/////>s I give to my Daughter Elizabeth Clanccy the snm of six shil- lings to be paid her in one year after my Decease which, with what I

4

50 I.TNCOLN PKOHATE RECORDS.

gave her in my Life Time is in full of her portion of my Estate Item I give to my Daughter Susannah Carney the sum of six siiillings which with what I gave her in my Life Time is in full of her ]»v)rtion of my Estate

lastly All the Rest and Residue of my Estate Real, i)erson- al or mixed, wheresoever the same is, I give and devise to my Son George Goud, to hold to him, antl his heirs forever, he the said George paying to my two Daughters aforesaid the said sum of six shillings a- piece, also he paying all my Just Debts and funeral Charges.

And I do hereby constitute and appoint my said Son George Goud sole Executor of this my last Will and Testament revoking and dis- annulling all other and former Testaments by me heretofore made ; declaring this and no other to be my last Will & Testament —

In ^Vitness whereof I the said Daniel Goud do hereto set my hand & seal the Day & year aforewritten.

Signed, Sealed & Deliver' d, Daniel Goud (Seal)

& declared by the said

Testator to be his last ,

Will & Testament in presence of

Chas. Gushing

Mary Nye

Jona. Bowman

Probated 12 Ap., 1769. [I, 196-7.] Inventory by Samuel Emerson, Richard Kidder and George Lilly, all of Pownalborough, 7 Ap., 1770, ^31 : 16:4. [I, 198.]

John Shaw, late of Georgetown. Ellisha Shaw, of Georgetown, Adm'r, 28 Jan., 1771. [I, 200.] John Shaw and Ebenezer Hovey, sureties. Inventory by Isaiah Crooker, John Shaw and Ebenezer Hovey, all of Georgetown, 9 May, 1771. [I, 215.]

John Lermond, late of Bristol. Alexander Lermond, of St. Georges, Adm'r, 27 Sep., 1770. [I, 200.] Moses Copeland and Bryan Ryan, sureties. Inventory by James Brown, of Newcastle, and William Jones and James Huston, both of Bristol, 2 Dec., 1770. [I, 212.]

Robert Wiley, late of Boothbay. Martha Wiley, of Boothbay, w^t^biy'j Adm'x, 26 Sep., 1770. [I, 201.] John Wiley and Thomas Boyd, V^refies. Inventory by Israel Davis and Andrew McFarland, both of Bodtihbay, and Thomas Hodgdon, of Jerremy Island, 1 8 Ap., 1772, ^307: 8: 9;^, [I, 236.] Account filed, 9 June, 1772. [I, 237.] David Reed, l5v."7.abeth Reed and Joseph Reed, all of Boothbay,

LIN'COLN PROBATE RF.CORDS. 5 I

grandchildren, chose Joseph Reed, of Boothbay, to be their guardian, 25 Oct., 1792. Division of estate by Henry Hunter, of Bristol, John Borland and William McCobb, both of Boothbay, 21 Oct., 1794, in which the heirs named were Robart, son of Neal ^Vylie, Easther, wife of Abijah Kenney, Jane, wife of Joseph Lewis. Robart Wylie, the heirs of Samuel ^^'ylie, Mary Reed, the children of Joseph Reed, Martha, wife of David Reed, the heirs of William Wylie, Alexander Wylie, John \Vylie, Katharine, wife of Thomas Boyd. [Unrecorded.]

Robert Dunlap, late of Topsham. John Dunlap, of Topsham, Adm'r, 29 Ap., 1771. [I, 201.] Ebenezer Work and Robert Dun- lap, sureties. Inventory by Thomas Wilson, Prince Rose and John Merrill, all of Topsham, 10 May, 1771,^246: 12: 7. [I, 214.] Account filed 10 Mar., 1773. [I, 247.] Return of i)artition of real estate by Thomas Wilson, John Merrill and Prince Rose, all of Top- sham, 31 Mar., 1773, mentions Mary Dunlap, widow of deceased, John Dunlap, Margaret Potter and jane Eaton, children of deceased. [H,

Andrew Reed, late of Boothbay. David Reed, of Boothbay, x\dm'r, 4 June, 1 77 1. [1, 203.] William Reed and John Stinson, sureties. Inventory by John Stinson, of Georgetown, Israel Davis, of Boothbay, and Thomas Hodgdon, of a place called Jerymisquam, 28 Sep., 1773, ^149 : 9 : 4- [11, I4-]

David Patterson, Jr., late of St. Georges. Nancy Patterson, of St. Georges, widow, Adm'x, 6 Ap., 1771. [I, 203.] David Patterson, Alexander Lermond and William James, sureties. Inventory by Alex- ander Lermond, Samuel Creighton and William Watson, all of St. Georges, 27 May, 1771, ^115 : 9 : S^^. [I, 22S.] Benjamin Pack- ard, of St. Georges, guardian of David, minor son, 30 Sep., 1776. [II, 72.] David P'ales and Mason Wheaton, both of St. Georges, commissioners to examine claims. [HI, 31.] Benjamin Packard, of St. Georges, Adm'r ^/d' (^(>';//i' //(^/z, 23 Sep., 1776. [HI, 31.] Moses - Copeland, of St. Georges, and Jacob Eichorn, of Waldoborough, sure- ties. Account filed 24 Sep., 1776. [HI, ^,2.']

6>

John Brewer, of Boothbay, minor son of James Brewer, la*^

Boothbav, chose Israel Davis, of Boothbay, to be his guard-'^n

" -, .nah Bryant,

■"'■ [''-'^S-] ^ David Reed

John Barker, Jr., late of Pownalborough. Sl'J.^]^^J. N^jjie of a Pownalborough, widow, Adm'x, 26 Feb., 1771. 'ai-,,1 David Reed

^

50

LINCOLN PRt)r.A'rE RECORDS.

gave her in my Life Tinie is in full of her portion of my Instate Item 1 give to my Daughter Susannah Carney the sum of six shillin;;. which with what I gave her in my Life Time is in full of her i)orli(Hi of my Estate

lastly All the Rest and Residue of my Estate Real, perscjn- al or mixed, wheresoever the same is, I give and devise to my Son deorge Goud, to hold to him, and his heirs forever, he the said George paying to my two Daughters aforesaid the said sum of six shillings a- piece, also he paying all my Just Debts and funeral Charges.

And I do hereby constitute and appoint my said Son George Goud sole Executor of this my last Will and Testament revoking and dis- annulling all other and former Testaments by me heretofore made ; declaring this and no other to be my last Will & Testament —

In Witness whereof I the said Daniel Goud do hereto set my hand & seal the Day & year aforewritten.

Signed, Sealed & Deliver'd, Daniel Goud (Seal)

& declared by the said

Testator to be his last ,

Will & Testament in presence of

Chas. Gushing

Mary Nye

Jena. Bowman

Probated 12 Ap., 1769. [I, 196-7.] Inventory by Samuel Emerson, Richard Kidder and George Lilly, all of Pownalborough, 7 Ap., 1770, ^31 : 16 : 4. [I, 198.]

John Shaw, late of Georgetown. Elisha Shaw, of Georgetown, Adm'r, 28 Jan., 1771. [I, 200.] John Shaw and Ebenezer Hovey, sureties. Inventory by Isaiah Crooker, John Shaw and Ebenezer Hovey, all of Georgetown, 9 May, 1771. [I, 215.]

John Lermond, late of Bristol. Alexander Lermond, of St. Georges, Adm'r, 27 Sep., 1770. [I, 200.] Moses Copeland and Bryan Ryan, sureties. Inventory by James Brown, of Newcastle, and William Jones and James Huston, both of Bristol, 2 Dec, 1770. [I, 212.]

Robert Wiley, late of Boothbay. Martha Wiley, of Boothbay, \\Vi»ii"> Adm'x, 26 Sep., 1770. [I, 201.] John Wiley and Thomas Boyd, Virefies. Inventory by Israel Davis and Andrew McFarland, both of Bodti^I^ay, and Thomas Hodgdon, of Jerremy Island, 1 8 Ap., 1772, ^^307: 8: 9.", [I, 236.] Account filed, 9 June, 1772. [I, 237.] David Reed, Eu'.zabeth Reed and Joseph Reed, all of Boothbay,

mc.

LIXCOLN PROBATE RECORDS.

51

•"iw portion

^ pencil- oomrSon

«ije Lfllj,

>i Ebeoeza

, )lcF»la»i'

., [I,23J']

grandchildren, chose Joseph Reed, of Boothbay, to be their guardian, 25 Oct., 1792. Division of estate by Henry Hunter, of Bristol, John Borland and William McCobb, both of Boothbay, 21 Oct., 1794, in which the heirs named were Robart, son of Neal Wylie, Kasther, wife of Abijah Kenney, Jane, wife of Joseph Lewis, Robart Wylie, the heirs of Samuel A\'ylie, Mary Reed, the children of Josei)h Reed, Martha, wife of I)a\id Reed, the heirs of W'illiam Wylie, Alexander Wylie, John AVylie, Katharine, wife of I'homas Boyd. [Unrecorded.]

Robert Dunlap, late of Topsham. John Dunlap, of Topsham, Adm'r, 29 Ap., 1771. [I, 201.] Ebenezer Work and Robert Dun- lap, sureties. Inventory by Thomas Wilson, Prince Rose and John Merrill, all of Topsham, lo May, 1771,^246: 12: 7. [I, 214.] Account filed 10 Mar., 1773. [I, 247.] Return of i)artition of real estate by Thomas Wilson, John Merrill and Prince Rose, all of Toip- sham, 31 Mar., 1773, mentions Mary Dunlap, widow of deceased, John Dunlap, Margaret Potter and Jane Eaton, children of deceased. [H,

.\ndrew Reed, late of Boothbay. David Reed, of Boothbay, Adm'r, 4 June, 1 77 1. [I, 203.] William Reed and John Stinson, sureties. Inventory by John Stinson, of Georgetown, Israel Davis, of Boothbay, and Thomas Hodgdon, of a place called Jerymisquam, 28 Sep., 1773, ^149 : 9 : 4- [n, I4-]

David Patterson, Jr., late of St. Georges. Nancy Patterson, of St. Georges, widow, Adm'x, 6 Ap., 1771. [I, 203.] Da\id Patterson, Alexander Lermond and William James, sureties. Inventory by Alex- ander Lermond, Samuel Creighton and William Watson, all of St. Georges, 27 May, 1771, ^115 : 9 : 8)2- [I, 22S.] Benjamin Pack- ard, of St. Georges, guardian of Da\id, minor son, 30 Sep., 1776. [II, 72.] David Fales and Mason Wheaton, both of St. Georges, commissioners to examine claims. [HI, 31-] Benjamin Packard, of St. Georges, Adm'r ^/t' /^6'///.5- /n;//, 23 Sep., 1776. [Ill, 31.] Moses Copeland, of St. Georges, and Jacob F^ichorn, of Waldoborough, sure- ties. Account filed 24 Sep., 1776. [HI, ^2.']

John Brewer, of Boothbay, minor son of James IJrewer, late of Boothbay, chose Israel Davis, of Boothbay, to be his guard •i.n, 4 June, I 771. [I, 225.]

John Pjarker, Jr., late of Pownalborough. Siy-juinah I'.arker, of Pownalborough, widow, Adm'x, 26 Feb., 1771. [I, 226.] Edmund

^gJ.J^

52 LINCOLN PROHATK RECORDS.

Bridge and Samuel (loodwin, Jr., sureties. Inventory by Edmund Bridge and Richard Kidder, botli of Pownalborough, i May, 1 7 7 1 , ^10: II : o. [I, 231.]

Westbrook Berry, late of Mechias. John Crocker, of IMechias, Adm'r, 23 Sep., 1771. [I, 227.] Jonatlmn Longfellow and Nathan- iel Sinkler, sureties. Inventory by Japhet Hill, Joseph Libbee and William Curtis, all of Mechias, 17 Sep., i772,;^io2 : 2 : 9. [I, 247.] Jonathan Longfellow and Nathaniel Sinkler, commissioners to examine claims. [I, 248.] Distribution ordered i Oct., 1774. Account filed 30 Sep., 1774. [I, 263.]

George High, of a place called Broadbay, guardian unto Lehn Wcl- ler, minor daughter of Andrew Weller, 31 May, 1771. [I, 227.]

John All, late of Boothbay. Samuel McCobb, of Boothbay, Adm'r, 24 Sep., 1 77 1. [I, 233.] Israel Davis and John Murray, sureties. Inventory by Jeremiah Beath, Thomas Boyd and William Fuller, all of Boothbay, 8 Oct., 1771, ;^770 : 16:9. William McCobb and Andrew McFarland, commissioners to examine claims. [I, 253.]

In the Name of God Amen, the twenty ninth day of July 17 71 I Charles Robartson of Topsham &c yeoman being sick and Weak of Body, but of perfect mind & memory, thanks be given to God for it : therefore Calling unto mind the mortality of my Body and Knowing that it is appointed unto all men once to dye, do make and ordain this my last will and testament that is to say princijialy and first of all I give & recomend my soul into the Hands of God who gave it ; and my Body I recomend to the Earth to be Buried in decent Christian burial at the discretion of my Executrix nothing Doubting but at the general Resurection I shall receive the same again by the mighty power of God : and as touching such worldly F^state wherewith it hath pleased God to bless me in this life I give, demise and dispose of the same in the following manner and form

Imprimis I give and bequeath to Martha my Dearly beloved wife one yoak of my best oxen, one Cow, all my sheep togeather with all my Houshold Goods, debts, and moveable effects whom I likewise Consti- tute, ^J^.ake & ordain my sole Executrix of this my last will and testa- ment ^el

Item I gii^.ba^ 'py beloved grandson William Robartson (only son to my Eldest son vfi^ im Robartson decess'd) one Cow at my Deces Item I give to my beloved Daughter Elezebath Savage one Cow to

LINCOLN PROBATE RECORDS. 53

be delivered at my Deceass

Item I give to my beloved Daughter Mary Stinson one yoak of young Oxen to be delivered at my Decease

Item I give to my beloved Daughter Jane Stinson four pounds Law- full Money at my Decease

Item I give to my yongest son David Robartson ten shillings Item I give to my youngest Daughter Charity Robartson thirteen pounds six shillings & Eight pence and likewise one Colt two years old, & one Case of Draws and one Cow to be paid her when she shall arive at the age of Eighteen years, or on her Mariage day. and I do hereby utterly disalow, revok and disannul all and every other former testaments Wills legacies and bequestes and Executors by me in any ways before named, willed and bequeathed, Ratifying and Confirming this and no other to be my last will and testament. In Witness whereof I have hereunto set my hand and seal the day and year first above written

Signed sealed published, pronounced and Declared by the said Charles Robartson as his Last will and testament in the presents of us the subscribers his

Aaron Hinkley Charles X Robartson

Ezra Randall Mark

Joseph Foster

Joseph Randall

Probated 23 Jan., 1772. [I, 233-4.]

Joseph Decker, late of a place called Jerrymisquam Island. John Decker, Jr., of Pownalborough, Adm'r, 26 Aug., 1772. [I, 234.] Joseph Decker and Samuel Goodwin, Jr., sureties. Inventory by Thomas Rice, Jonathan Williamson and Michael Sevey, 17 Sep-, 1772,^245: 3: 3. [I, 272.] Account filed 28 Oct., 1773. [II, 2.]

John Burton, late of St. Georges. Benjamin Burton, of St. Georges, Adm'r, 10 June, 1772. [I, 235.] Joseph North and William Young, sureties.

Nathaniel Bryant, late of Newcastle, shipwright Hannah Bryant,

'Newcastle, widow, Adm'x, 20 Aug., 1772. [I, 235.] David Reed

amuel Goodwin, Jr., sureties. Inventory by Arthur Noble, of a

./:e called Walpole, Samuel Nickels, of Newcastle, and David Reed,

54 T.IXCOT.N PROIUTF. RECORDS.

of Boothbay, S St']-)., 1772, £.'i()(^S'- ^1 '■ ?>■ [I. 245.] Inventory by Abijah While and John Cushing, Jr., of Scituale, and I'eleg Rogers, of Marshfuld, of real estate in Plymouth County, 28 Mar., 1774, ^29: 19: 4. [II, G3.] Account filed 15 Oct., 1777. [II. 63.] Jeremiah I'arker, of I'arnstabie, guardian to Patience and Hannah, minor daughti'rs, and Nathaniel, minor son, 25 Oct., 1776. [II, So-i .] List 01' sundry articles omitted from inventory, ^100 : 5 : 2. [11,98.] (iuardian's account filed 4 Oct., 1 786. [111,178-9.] Di- vision of realestatel)y Arthur Noble and Jesse Flint, both of a place called Wal]:)ole, and John l'"arley, of Newcastle, 13 June, 1787. [\', 4 to 6.] Account of guardian of Hannah 15arker Ikyant filed 29 Ap., 1794, and aj^jteal from decree of allowance thereof by I'lnos Clap, of Hal- lowell, and Hannah Parker Cla]), his wife, 26 May, 1794. [^^ 244 to 246.] Account of guardian of Patience Bryant filed 29 Ap., 1794, and a])peal from decree of allowance thereof by William Waters, of Newcastle, husband of Patience, 19 May, 1794. [^^ 246 to 248.]

Nathaniel Webb, late of Woolwich. Jane Webb, of Woolwich, widow, .Adm'x, 2 .Sep., 1772. [I, 237.] loseph Wade and Joshua Bailey, sureties. ln\entorv by Joseph Wade, Samuel Harnden and David (iilmore, Jr., all of Woo'wich, 13 Oct., 1772. [II, 29-30.] Account filed 15 Jan., 1777. [II, 72.] Israel Smith, guardian of Sarah and Lydia, minor daughters, and Luther, minor son. [II, 72 to 74.] Widow's dower set off 18 June, 1781, by Jose])h Wade, Jonathan Fuller and Thomas Snell. all of Woolwich. [HI, 231.]

In the name of Ciod Amen. This 13th day of August .\. D. 1768, I Zaccheus Beal of Bowdoinham in the County of Lincoln yeoman, being Sensible of my own mortality, but being of sound mind, after commending my Soul into the hands of Almighty (iod, & my body to the Farth to decent burial, do hereby make this my last will & testa- ment & therein disjiose of my worldly estate in manner following, that is to say.

Imprimis, I give be<|uealh & devise to my beloved Wiie .Mary the use & improvement of all my Fstale real & personal situate or being in said Bowdoinham, or IClsewhere, during her natural life, Saving a right & priviledge to my I )aughters .Abigail and llleanor, severally of living in my dwelling house during the times they shall severally remain unmarried with their Mother

Item At my said Wife's decease & when her said Use ^: im])r()\e- ment expires in my ilstate, I give cV devise to my said Daughters

LINCOLN PROBATE RECORDS. 55

Abigail & Eleanor their heirs & Assigns forever Five acres of Land in the Front of my Land in Bowdoinham where I dwell, said Five acres to be next x\bbagadasset river, & to be divided from the rest of my Land there, by a back line running across My Land at right angles with the side lines thereof & all the buildings upon said Five acres of Land, equally to be divided between them, also I give them severally the priviledge aforementioned of living with their mother as afore ex- pressed— Also I give them each one Third part of my personal Estate forever after my Wife's use therein ceases, & the remaining Third part of said personal Estate I give them after said Use expires, the use of, during the joint Lives of my Daughter Dorcas & her husband David Wilson

Item, In Case said Dorcas survives her said husband I give her for- ever the said remaining Third part of said personal Estate to take effect at & after the decease of both my said Wife & said David & not before also I give her said Dorcas the sum of Five shillings to be paid her by my Executrix in six months after ray Decease, but if said Dor- cas should not survive her said husband I give said Abigail & Eleanor said remaining Third part of the personal Estate forever equally to be divided.

Item I give & devise to my Three Sons Zaccheus Josiah & Joshua, all the rest & residue of my real Estate in said Bowdoinham & Else- where except said Five acres & said buildings to them their heirs «& assigns forever after my said Wife's L^se therein expires

Lastly, I appoint my said Wife Executrix of this my Will. In Wit- ness whereof I hereto set my hand & seal the day first herein afore- written,

IVIemo. ye Words, "all" "heirs" "forever" "Estate" were interlin'd before Signing &c

Signed, sealed & Declar'd by s'd Zaccheus to be his last Will & Testam't. In presence of

Wm. Gushing Zacheus Beal (seal)

David Bailey

Nathaniel Bailey

Probated i6 Sep., 1772. [I, 238- 239 & 251.]

In the name of God amen this tenth day of September ^^ ;/;/<? Do/ji- iiii 1771, I Samuell Denny of Georgetown within tlie Gotuity of Lincoln in New Ingland Esqr being weak in body, but of sound minde and memory through mercy do make this my larst will and testament in

56 LINCOLN PROHATF. RECORDS.

manner folowing viz in the first and chief plase I give and biqueth my preiious and ^mortal soul into the hand of that (iod who gave it me praying throw the merits and Intersession of the glorious Redemer I may Receive the sam again at the Resurrection of the Just into Eter- nal I.ife and as to my temporal Intrest 1 gi\e and rlispose of the same after the folowing nianer

Itum I gi\e unto my loving wife Catherin Denny fower good milch cows one yoak of oxen yoak and chain ten sheep the best bed under- bed and bedstead together with an l^qual share of all that belong unto beils both of lining and wooling with the rest of my fether beds that may be in my hous at my deseace both tor quantity and quality the looking glars willi the black frame tabcl and smorl trunck in my Rome in the grate Rome and Elseware the chist of drawers the best tea tabel and that of my make 6 tea cups and sarsers i teapot i Tea Kittel shuger dish crom])ot all these of the best together with the best tongs shovel and bjlows three large and thre smorl silver spons six best puter plates and three puter dishes six best I'^arthin i)lat fower best candelsticks the belmettcl and brass scilit a i)air of Iron dogs 2 flat Irons the boxiron and 2 heters warming \ra.n toster the grate bibel 2 bras chafendishes one large and one smorl spining wheale 2 puter basins .^ puter poringers 3 brkfas basins 3 wine glarsses 2 bekers 2 bowls all the provision that may be in the hous of meal pork bief flower butter chese talu candels molases shuger cofey tea rise spises chocolet corn and other grain together with all the woole yarn flax lining or wooling not made up sope tabellining all the tia ware all the dairey vessels pails tubs and barels hay in the barn 1 spade I how i ax the silver can 6 comon jniter ])lats as also what :.ime I may have in Ebenescr Kelly by Indentor together with the sute of curtains

The above mentioned artacels and Every of them I give unto my said wife for hir to use or dispose of according unto to hir own will and plesure and not to be accountable to any furthermore for and towards hir comfortable support during hir natural Life I give the use and Im- provement of my now dwelling hous with all the other buildings con- tigus together with the land and marsh to the southward of the stone worl nere the metingdious and the hither dam which Includ Lotts No. 4) 5> *^j 7 together with what Lantl I own on borld head and the marsh to the south"-ard of Newtown bay and crick and night pasture for said cows and oxen in that |)asturc betwen the road and the marsh to be imjiroved by hir living on the plase and not by a tennant together with

LINCOLN PROBATE RECORDS. 5 J

a Right to cut firewood ':^n other of my land on Arrowsick Hand and that on the Easterd side of the country road and that for hir own fire only and to be burnt on the premises together with the use and im- provement of tobias and Susanah two of my negros she maintaining of them in sickness and helth together with the crane hooks grate tongs shovel citchin table and clock all the Iron holow ware and all the chairs together with the smorl bras Kittel and cofey mill with the sum of tenn pounds Lawful money to be paid out my other Estate yearly and Every year during her natural Life and to be paid quarterly if she chuise it that is ^£2 : 10 : o per quarter the use of the pew the the word ten is so made by me and the figurs ^2 : 10 : o the nesary charge of repairing the premises from time to time to be done at the charge of other of my Estate

Itum I give unto my son by law John White all all my appariel that I Ever wore both of Lining and wouling the Looking glars in the grate rom the desk the square table the grate trunck and grate chist

The Residue and Remainder of all my Estate both Real and personal I give unto my Dear and only Daughter Rachal McCobb and unto hir Heirs and assigns forever and I do hereby constitute and appoint my son by law Samuell McCobb and the within named John White to be my Executors to this my Larst will and testament

In witnis whereof I hereunto set my hand and seal the day and year above written Signed sealed published pronounsed and declared by the said Samuell Denn)- to be his larst will and testament in presants of us Benjamin Pattc'e Junior

Jeremiah Tozer Samuell Denny (seal)

Elisabeth Pattee

be it Known to all men by these presants that whereas I Samuell Denny of Georgetown within the County of Lincoln and province of the Masachusets bay in Newingland Esqr have made and declared my Larst will and testament in wrighting baring date the tenth day of September 1771 I the said Samuell Denny by this presant codicil do ratify and confirm my said larst will and testament and do will and bequelh unto my loving wife Cathrin Denny the sum of Eight pounds Lawful money in addition to ten pounds given unto mv said will and

58 I.lNOn.N PROnATF. RKCORDS.

to be paid unto hir in the same maner as is prescribetl in said will for

the i)aynvjnt of the said ten pounds during hir natural life by my

residuary legete or lv\eeutors out of my Instate and my will and uK'n-

ing is that this codacel or schdule to be and aiudged to be part and

parscl of my larst will and testament and all things mentioned and

contained in this codasel to be faithful!)- and Irui-Iy ]~ierformed and as

fully and Irewly jjerformed and as fully an<l amply In Every Respect

as if the same ware so declared and set down in my said larst will and

and Testament in witnis whereof I ha\'e set my hand and seal this

twenty ninth day of May y/////^' Do/niiii 1772 and in the twelfth year

of his majestys reign

Signed sealed published and Heclared

and Declared by the said Samuell

Denny to be a codasel to my larst

will and testament

and part and parsel

of the sam in

presants of us Samuell i)enn\- (seal)

IJenja Pattee Junr.

Jeremiah Tozer

Elisabeth. Pattee

Probated 17 June, 1772. [T, 239 to 241.]

Moses Rogers, late of a place called Dyers River. Elisha Rogers, of Marblehead, Adm'r, i Oct., 1772. [I, 241.] William Clifford and Ebenezer (iray, sureties.

In the Name of dod, Amen. I Thomas Killpatrick of a place called St (ieorges in the County of Eincoln and Province of Massa- chusetts Bay in New I'.ngland Gentleman being Sick and Weak in Body, but of perfect Mind & Memory Thanks be given to (iod ; call- ing to Mind the Mortality of my Body, and knowing that it apjiointed for all Men once to die do make and ordain this my last \\ ill and Testament; 'J'hat is to say, principally and llrst of all, 1 gi\e and recommend my Soul into the Hand of Almighty Cod that gave it, and my Body I recommend to the I'^arth to be buried in decent Christian Burial, at the Discretion of my t^xecutors ; nothing doubting but at the general Resurrection I shall receive the same again by the mighty Power of (}od. And as touching such worldly Estate wherewith it has jjleased tiod to bless me in this Life 1 give, demise, and dispose of the same in the followim,^ Manner and Form

LINCOLN PRORATE RECORDS. 59

Iinpiiinis I give and Bequeath unto my well beloved Sister l^lizabeth Killpatrick all my Houtse Hold Furnature of what name or nature (except my Bed and I'.edding)

Item I give unto my Cousin James McCordy the Sum of Six Shill- ings and Eight Lawful Money to be paid him or his legal Representa- tive in one year after my decease

Item I give unto my Cousin Elizabeth Calderwood the Sum of Six Shillings and eight ]:)ence Lawful Money to be paid to her or her legal Representative in one year after my decease

Item I give unto my Cousin Martha McCordy the Sum of twelve pounds Lawful Money to be paid her, or her legal Representative in one year after my decease ; Or the Value of the aforesaid Sum of twelve pounds to be flelivered to her in Cows and Sheep at the market price

Item I give unto Thomas Shibles, son of xVIy Friend John Shibles, my Bed & Bedding, together with all my wearing Apparel, and a Gun. Item, I give unto Robert Killpatrick Shibles (another Son of the said John Shibles) a Gun.

Itim I give unto John Shil)les junr (another Son of the said John Shibles) a Gun.

And lastly I give unto my True and trusty Friend John Shibles of St Georges aforesaid Yeoman, whom I likewise constitute make and ordain the Sole Executor of this my last VVill and Testament, The whole Remainder of my Estate both Real, personal and mixt of what name or nature soever, by him freely to be possed and enjoyed, he paying my just Debts, and Funeral Charges. And I do hereby utterl)' disallow, revoke and disannul all and e\'ery other former Testaments, Wills, Legacies, Bequests, and Executors, by me in any ways before- named, willed, and bequeathed ; ratifying and confirming this and no other to be my last Will and Testament.

In Witness wiiereof I have hereunto set my Hand, and Seal, this twenty Second Day of June in the Year of Our Lord One Thousand Seven Hundred and Seventy two

Signed, Sealed, published,

pronounced, and declared

by the said Thomas ■ TIio. Killpaliick (seal)

Killpatrick, as his last

U'ill & Testament, in the

Presence of us

Patrick porterfield

6o LIXCOLX PROBATE RECORDS.

Jonathan Spear

J )avi(l Fales

I'lobated i6 Dec, 1772. [I, 241-2.] Inventory by David Fales, Patrick Porterfield and Alexander Ler- mond, all of St. Georges, 1 1 Mar., 1773, ^£^38 : 9 : 6. [II, 12.]

In the Name of (lod Amen. I Jonathan Laiten of Newcastle in the County of Lincoln and I'rovinc of the Masecutis Pay in Newegland Being in Perfict helth (Praised be (iod) do mack this My Last will and testament as followth. li)ipiiiiiis I Give to my bloved wife Mary Laiten fiftean acors of Up Land and Marsh on the southerly Part of My farm with one half of