Maine Wills

1640-1760

The Will of John Milberry

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 From York County Probate Records, Volume Ten (1749-60)

In the Name of God Amen.

   The twenty sixth Day of November Anno Domini One Thousand Seven Hundred & Fifty nine. I Iohn Milberry of York in the County of York in ye Province of the Massachusetts Bay in New England Yeoman being weak in Body but of perfect mind & memory Thanks be given unto God therefor calling unto Mind that mortality of my Body do make & ordain this my last Will & Testament, That is to Say, principally and first of all, I give & recommend my Soul into the Hands of God that gave it, and my Body I recommend to the Earth to be buried in a decent christian Burial at the Discretion of my Executrix believing that at ye General Resurrection I shall receive the same again 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 demise & dispose of the same in the following Manner & Farm, vizt.

   Item. I give & bequeath unto my Son Nathaniel Milberry and his Heirs thirteen pounds Six Shillings & eight pence to be paid by my Executrix at the time when my Son John shall arrive at the age of twenty one years or sooner as my Executrix shall see fit. Item I give unto my Eldest Daughter Susanna Hord thirteen pounds six shillings & eight pence to be paid her out of my Estate by my Executrix at ye time when my Son John Shall arrive at the age of twenty one years or sooner as my Executrix shall see fit. Item I give unto my Daughter Miriam Thirteen pounds six shillings and eight pence to be paid her out of my Estate when my Son John Shall arrive at the Age of twenty one Years or sooner as my Executrix see fit.

   Item. I give unto my Daughter Mary Thirteen pounds Six shillings & eight pence to be paid her out of my Estate when my Son John shall come to the age as aforesd or sooner as my Executrix shall see fit.

   Item. I give unto my Daughter Sarah Thirteen pounds Six Shillings & eight pence to be paid her out of my Estate when my Son John shall arrive at ye age aforesd or sooner as my Executx shall see fit.

   Item. I give unto my Daughter Hannah Thirteen pounds six shillings & eight pence to be paid her out of my Estate when my Son John shall come to the age as aforesaid or sooner as my Executrix shall think fit.

   Item. I give unto my youngest Daughter Eunice thirteen pounds six shillings & eight pence to be paid her out of my Estate when my son John Milberry shall arrive to the age of twenty one years or sooner as my Executrix shall think fit.

   Item. I give & bequeath unto my Son Iohn Milberry the one half part of all my real Estate to be Set off to him by my Executrix when he Shall arrive to ye Age of twenty one Years.

   Item. I give & bequeath unto my youngest Son Richard Milberry the other half part of all my real Estate to be Set off to him by my Executrix when he Shall arrive to ye Age of twenty one Years.

   Item. My Will is that my well beloved Wife Susanna Milberry Shall have the one third part of all my personal & real Estate during her natural Life as the Law directs. And my Will is that my Wife Susanna aforesd Shall have Liberty to improve the whole of my real Estate until my two Sons Iohn & Richard Shall arrive to ye Age of twenty one Years as aforesd. Also my Will is that my Wife Susanna Milberry Shall have Liberty to Sell off all the Wood Timber and Growth whatsoever that may be on Fifty acres of my Land the Southwest part of my Farm in York whereon I now dwell, It being for payment of my just Debts & Legacy's as far as the Growth of the Fifty Acres of Land Shall pay. And I make & ordain my well beloved Wife Susanna Milberry Sole Executrix of this my last Will & Testament She paying all my just Debts & funeral Charges out of my Estate, and I do hereby utterly disallow revoke & disannul all and every other former Testaments Wills Legacy's & Bequests & Executors by me in any Ways before named Willed & bequeathed, Ratifying & confirming this & no other to be my last Will & Testament.

   In Witness whereof I have hereunto Set my Hand & Seal the Day & year afore written.

Signed Sealed published & declard by
   the Said Iohn Milberry as & for his
   last Will & Testamt in the presence
   of us who were present at ye Sign-
   ing and Sealing thereof
   Iames Berry, Abram X Booden Norton Woodbridge
Iohn Milberry (Seal)
   Probated 31 December 1759. Inventory returned 29 March 1760, at £690: 14: 11, by Norton Woodbridge and James Berry, appraisers.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 874, citing Probate Office, 10, 136.

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