The Will of Daniel Emery
From York County Probate Records, Volume Three (1709-28)
The Will of Daniel Emery
In the Name of God Amen the fifth day of Aprill in the Year of our Lord one Thousand Seven hundred and Twenty two, I Daniel Emery of Kittery in the County of Yorke in his Majesties Province of the Massachusetts Bay in New England Yeoman, being Very Weak in Body but of Perfect mind and Memory thanks be given unto God, therefore calling into Mind the Mortallity of my Body and knowing that it is Appointed for all men once to Dye, Do make and Ordain this my last Will & Testament, That is to Say Principally and first of all I give and Recommend my Soul into the hands of God that gave it and my body I Recommend to the Earth to be buried in decent & Christian like manner att the Discretion of my Executrix Nothing Doubting but att the General Resurection I Shall Receive the Same Again by the Allmighty power 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 & form
Imprimis I give & Bequeath to Marget Emery my wife (whom I do hereby Constitute my Sole Executrix) All my Movable Estate of every kind & Quallity Excepting two Steare & a young Mare for Simon Emery & a feather bed & Beding for my Eldest Daughter Margaret Emery, also I give to my Said Executrix the whole vse of my homsteed to her Self & Disposing for the Space of ten years and the Mill & Previledge and timber all that is reserved in Daniel and Simons Deed, and the old part of the Dwelling house and the Lower room in the North End of the new part of the house and her gardain with the Out house & Cellers and Previledge of the Spring She being to Maintain bring up and Educate all my young Children During the Said term of tenn years upon the Said Estate and to pay all my due Debts & Funeral Charges in Convenient time after my Decease She haveing Liberty to Sell any Movable thing and the Mill the Previledge and Timber for paying the Same
Item I give to my Eldest Son Daniell Emery a tract of Land Bounded by York pond & by the brook running out of it, & by the Marsh brook with the other Bounds Mentioned in his Deed Dated the thirtyeth of Janry Last all the Said Land Marsh and Meadow Adjoyning on the North Side of Said Bounds for his Portion.
Item I give to my Second Son Noah Emery the New part of my Dwelling house with the Previledge of his Shop And a Gardain of three rods down Square from the North west Corner of his Shop & off to the lane And the Previledge of the Spring and after tenn years to have all the Land & building on the West Side of the Main Road & one third part of my Land at the third Hill to him & to his Heirs Executors Administrators or Assignes forever after my Decease Reserveing to my wife the Old house & the aforeSd Room in ye New & her Gardain & the third part of the Produce of the Land below the house So far as the bounds of that Land I gave him in a deed Dated the Second day of Aprill 1722 During her life, he Mannageing it and after my wifes Decease to pay to Caleb Emery my Son Six pounds and to Joshua nine pounds as they Come to age after ten Years if my wife Should dye before, & if She lives Longer to be paid after her Death.
Item I give to my Son Simon Emery all my Land Marsh and Meadow adjoyning on the East & South of Daniels bounds According to his Deed Dated the Second of Aprill 1722 & the aforeSd Steers and Mare as his portion
Item I Give to my Son Zachriah Emery all my Land att home Adjoyning on the East Side of the Main Road after ten years (not Selling without giveing the Refusall of it to his brothers that any of them may buy as Cheap as another) and it Shall be mannaged to the Best Advantage & the third part of the hay fruit of all Sorts, Cyder Corne & every Sort of grain that Shall be Sowed thereon Shall be brought in and paid to my wife att the house I have Appointed her & after her Decease to pay unto my Daughter Margaret Emery fifteen pounds, & to my Daughter Anne Emery fifteen pounds, & to my Daughter Tirzah Emery fifteen pounds & to my Daughter Huldah Emery fifteen pound as they come to age, & if either of them Dye before they come to age the Surviveing Daughters or Daughter Shall have the Portion of the Deceased, also I give to him one third of my Land att the third Hill and my wife another third part thereof.
Item I give to my Son Caleb Emery a tract of Land in Berwick of forty Acres Near a Little River & a Meadow called Grants Meadow Bounded in one Corner by a great Rock & the aforeSaid Six pounds to be paid unto him after my wifes Decease when he is of full age by Noah Emery, And to Joshua Emery my Son I give all my Swamp & Upland Adjoyning att the head of Daniel & Simons Land & the aforesd Nine pounds to be paid by Noah after my wifes Decease when he is of full age And if Either of these two Dye before he comes to full age, the other Shall have and Injoy his Portion as his own, My four Daughters being before Mentioned their Portions
And I Do Hereby utterly Revoke Disallow & Disannul all and every other former Testaments Wills Legacies and Bequests & Executors by me in any wise before Named Willed & Bequeathed Ratifying and Confirming this and No other to be my Last Will & Testament.
In Wittness whereof I have hereunto Set my hand & Seal the Day & year above written
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