Maine Wills

1640-1760

The Will of John Dennet, Sr.

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

   In the Name of God Amen the twenty eighth Day of March Anno Domini one thousand seven Hundred thirty & Eight I John Dennet Senior of Kittery in the County of York in the Province of the Massachusetts Bay in New England Yeoman — being sick and weak in Body but of sound disposing mind & memory thanks be given to God, therefore calling unto mind the mortality of my Body Do make & ordain this my last Will and 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 Recomend to the Earth to be buried in a Christian like & decent manner at the discretion of my Executors, and as touching such worldly Estate wherewith it hath pleased God to bless me in this Life I give Demise & Dispose of in ye following manner & form.

   Imprimis, I Give & bequeath to my well beloved Wife Mary Dennet my Negro man named Pompey during her natural Life to be under the Care & order of my Son Thomas Dennet and after the Decease of my said Wife I Give & bequeath the said Negro to my said Son Thomas Dennet & his Heirs. During the Negros natural Life. and I also give to my said Wife the one half part of ye remainder of my Personal Estate to be to her own proper use benefit & behoof forever and also one half of my Dwelling Hous & Barn & out housing and also one third part of the Apples & Cyder one third part of the Corn & other Grain one third part of my Pasture Land one third part of the Hay that shall be raised on my Real Estate & also one third part of what ever else shall be raised or produced of the said Estate and also sufficient firewood during her natural Life.

   Item, I Give & bequeath to my beloved Son John Dennet & his Heirs for ever one half part of all the Lands which I now possess in the town of Kittery (that is to say) one half of my Orchard Land mowing Land tillage Land pasture Land & wood Land to be to their own proper use benefit & behoof forever.

   Item, I Give & bequeath to my beloved Son Thomas Dennet and his Heirs the other half part of all my Lands which I now possess in the town of Kittery aforesd that is to say one half part of my Orchard Land, mowing Land tillage Land Pasture Land & wood Land to be to their own proper use benefit & behoof forever & also the other half part of my Dwelling Hous & Barn & out Housing to be to their own proper use benefit & behoof for ever; I also give to my said Son my two Oxen to be at his disposall/ The Gifts to my two Sons aforesaid are upon Condition that they faithfully Improve the said Estate & render & pay to their Mother Mary Dennet the third part of ye produce as abovesaid which if they neglect or Refuse to do my Will is that She shall haue the Liberty to haue and improve what part of my Estate She shall see fit for her Comfortable Support; and after the Decease of my said Wife I Give & bequeath to my abovesaid Son Thomas Dennet & his Heirs the other half part of my Dwelling House & Barn & out housing which I Gave to her during her natural Life to be to their own proper use benefit & behoof forever. My Will is that if either of my Sons shall Dye & leave no Lawfull Issue Surviveing that my surviveing Son shall Inherit the whole of my said Estate. after the Decease of my abovesd Wife I Do hereby Give leave & Liberty to my abovesaid Sons if they see Cause to dispose any part of my sd Estate to Each other by Deeds of sale or Deeds of Exchange or to Divide my said Estate as they shall see meet but not to sell or dispose of any part of it to any other Person.

   My Will is that if my said Sons see any prospect of purchasing any Lands to their advantaige I Do hereby giue them liberty to sell my said Lands both together as one & not Else My Will is that my said Sons shall not sell or any other way dispose of any timber wood or under wood to any Person or Persons whatsoever which if either of them shall presume to Do he shall forfit his Right to the abovesaid Lands to the other, and the other shall possess & Enjoy the same & he shall have twenty shillings in money paid him & no more. My Will is that my Wife & my two Sons to whom I have given my abovesd Estate or any other Person or Persons that shall hereafter Inherit said Estate that they look after & take care that my beloved Daughter Mary Dennet have a Comfortable & Good maintainance during her natural Life.

   Item, I Give and bequeath to my beloved Sons aforesaid the other half part of my personal Estate and also my Rights in the Common Lands in the Townships of Kittery & Berwick to be Equally divided betwixt them and to their Heirs for Ever to be to their own proper use benefit & behoof for ever provided they pay my Debts Funeral Charges & Legacies hereafter mentioned.

   Item, I Give & bequeath to my beloved Daughter Sarah Hill, forty shillings in Currant money of New England aforesaid besides what I have heretofore given her.

   Item, I Give & bequeath to Sarah Hooper twenty pounds in good currant money of ye said New England to be paid at or before the end of two years after my Decease.

   Lastly I Constitute make & Ordain my abovesd Sons John Dennet & Thomas Dennet my only & sole Executors of this my last Will & testament & I Do hereby Utterly Revoak Disallow & Disannul all & every other Testaments Wills Legacies bequests & Executors by me in any ways before named or willed or bequeathed Ratifying & Confirming this & no other to be my last Will & Testament

   In Witness whereof I haue hereunto set my Hand & Seal the Day & Year that is in these presents first written.

Signed Sealed published Pronounced
   & Declared by ye said John Dennet
   as his Last Will & Testament in ye
   presence of us the Subscribers
   Joseph Fernald
   Enoch Staple
   Benjamin Fernald.
John Dennet (Seal)
   Probated 14 Dec. 1742.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 456, citing Probate Office, 6, 23.

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