Maine Wills

1640-1760

The Will of Clement Messerve

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 From York County Probate Records, Volume Seven (1721-49)

   In the Name of God Amen. The eighteenth Day of February Annoque Domini 1739/40 I Clement Messerve of the Town of Scarborough in the County of York Joyner being aged of Body but of perfect Mind and Memory Thanks be given to God therefore calling unto 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 giue 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 Burial at the Discretion of my Executors hereafter named, nothing doubting but at the General 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 in this Life, I give demise and dispose of the Same in the following Manner and Form. I give to my well beloved Wife Sarah Twenty pounds per annum and also my dwelling House and my Pew in Black point Meeting House while She remains my Widow provided She giue up or Quit her Right of Dowry and Power of Thirds in and unto all my Estate and no longer than She remains my Widow to be paid by my Executors. I also give to my Wife Sarah one Cow and Calf and four Sheep and a Horse if I leave one at my Decease, freely and clearly at her Disposing with the Priviledge of keeping the Cow yearly on my Farm. I also give my Said Wife the Priviledge of my Garden with Liberty of passing and repassing to and from Said House and Garden while She remain my Widow and no longer I also give my Wife Sarah all my Household Goods freely and clearly at her Disposing.

   I give unto my eldest and well beloved Son Clement Thirty Acres of Land bounded as followeth beginning at the North East Corner of the Hundred Acres laid out to Thomas Cotton and runs West Sixteen poles and four Feet and then runs South Two Hundred and Ninety Seven poles & half and then runs East Sixteen poles and four Feet, and then runs North Two Hundred and Ninety Seven poles & half pole to the beginning. I also giue to my Said Son Clement Three Acres of Marsh to begin at the Westermost End of my Marsh lot on the West Side of the Mill Creek and so to run East or as my Lot runs the whole Bredth of Said Lot till Said Three acres be compleated. I also give my Said Son one other piece of Marsh or Thatch Land lying adjoining to Daniel Smiths Marsh between said Smiths Marsh and William Libbeys Marsh on an Island called the Six Acre Island, The above mentioned is to be the whole of my Said Sons part of all my Estate.

   I giue to my well beloved Sons Nathaniel George & Joseph each of them Ten pounds Money to be paid them by my Said Executors in Some convenient Time after my Decease.

   I give to my well beloved Daughter Elizabeth Libby the Sum of Five pounds Money to be paid by my Executors.

   I give to my well beloved Son Daniel my now dwelling House after my Said Widow Shall leave it according to this my Will. I also giue to my Said Son Daniel one Feather Bed.

   All the remainder of my whole Estate Real and personal I give to my well beloved Sons Iohn and Daniel after my Funeral Charges and just Debts are paid. whom I likewise constitute make and ordain my Sole Executrs of this my last Will and Testament all and Singular my Land Marsh and common Rights Goods and Chattels & all Things that are mine or ought to be mine or hereafter shall appear to be mine I give to be equally divided possessed & enjoyed by my Said Sons Iohn and Daniel except what I have before expressed in this my last Will and Testament. And I do hereby utterly disallow revoke and disannul all & every other former Testament Wills Legacies and Bequests & Executors by me in any ways before named Willed and bequeathed Ratifying & confirming this and no other to be my last Will and Testament In Witness whereof I have hereunto Set my Hand & Seal the Day and year above written.

Signed Sealed published pro-
   nounced and declared by the
   sd Clement Messerve to be
   his last Will and Testament
   In presence of Us the Subscribers
   Arthur Bragdon
   Walter Frost X
                  his mark
   Saml Small
Clement Messerve (Seal)
   Probated 5 Nov. 1746. Inventory returned 6 Nov. 1746, at £898: 15: 7, by Elliot Vaughan, Daniel Fogg and Samuel Small, appraisers.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 529, citing Probate Office, 7, 18.

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