Maine Wills

1640-1760

The Will of David Spinney

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 From York County Probate Records, Volume Six (1736-46)

   In the Name of God Amen. The twentieth Day of February Anno Domini One Thousand Seven Hundred and Forty four/ five/ I David Spinney of Kittery in the County of York and Province of the Massachusetts Bay in New England Husbandman being of perfect Mind and Memory Thanks be given unto God for the Same But calling to Mind the Mortality 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, principally and First of all I give and recommend my Soul into the Hands of God that gave it and my Body to the Earth to be buried in a decent and Christian Manner at the Discretion of my Executors hereafter named Nothing doubting but at the great and 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 and dispose of the Same in the following Manner and Form.

   Imprimis. I will that all my just Debts & funeral Charges be raised out of my Estate and paid by my Executrix as Soon as may be conveniently after my Decease.

   Item. I give and bequeath unto Ierusha Spinney my dearly beloved Wife all my Household Goods Debts and moveables or personal Estate to her and her Heirs & assigns forever, and also I give unto my Said Wife the whole and Sole Income and Improvement of my Lands and Buildings during her natural Life to be improved by her or any under her and after the Decease of my Said Wife Ierusha Spinney, I give and bequeath all my Lands and Buildings with all and Singular of the Appurtenances to the Same belonging to my Brother Samuel Spinney and the Eldest Son lawfully begotten of his Body forever and if my Said Brother Samuel Should decease without having a Son or Male Heir I give all my Said Lands and Buildings to my Brother Jonathan Spinney and to his Son Ebenezer Spinney forever and if Ebenezer Should decease before his Sd Father then I give Said Land and premisses to the next Son in Age to Ebenezer And if the Said Ionathan Spinney Should decease and his Sons before my Said Wife Then I give my Said Lands and Buildings to my Brother Nathan Spinney & his eldest Surviving Son lawfully begotten and so to his Sons eldest Son and to his eldest Son forever It is to be understood That the Intail is to run to the Eldest Son of each mentioned herein and so in that Tenor forever.

   Item. I do likewise constitute make and ordain my Said Wife Ierusha Spinney Executrix of this my last Will and Testament. and I do hereby utterly disallow revoke and disannul all and every other former Will & Wills or Legacies by me in any Ways before named willed & 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 above written.

Signed Sealed and published pro-
   nounced and declared by the
   Said David Spinney as his
   last Will and Testament In
   presence of Us
   Abner Cole
   Nathaniel Fernald terts
   Iohn Godsoe
David + Spinney (Seal)
    his mark
   Probated 14 Jany 1745. Inventory returned 27 Jany 1745, at £769: 9: 4, by Joseph Hammond jun., John Godsoe and Thomas Dennet, appraisers.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 505, citing Probate Office, 6, 164.

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