The Will of James Tyler
From York County Probate Records, Volume Seven (1721-49)
The Will of James Tyler
In the Name of God Amen. The Seventeenth Day of Ianuary A. D. 1748. I Iames Tyler of Scarborough in the County of York and Province of the Massachusetts Bay in New England. Yeoman, being Sick of Body but of Sound Mind & Memory for which I bless God, and considering the Mortality of my Body which must ere long die and return to the Earth as It was, Do therefore 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 a decent Christian Burial according to the Discretion of my Executors expecting at the 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 & Form.
Impr I give & bequeath to the Ministry of the Town of Scarboro my half of a certain Island of Marsh lying among the Marshes below bleu Point in Scarborough aforesd (the other half of Said Island being owned by Mr Iob Burnam) The Improvemt and Income of Said Half of Said Island thus bequeathed being for ye Use of the Ministry in Said Scarboro on Black Point & Dunston side of the Town in equal shares between them forever, and upon the Decease of either Minister of said Black Point or Dunston side of the Town, My Will is that the Widow or Family of Said Minister Decd have the Profit & Improvemt of his part of Said Marsh till another Minister be ordained in his Place.
Item. I give & bequeath to my eldest Son Abraham Tyler a certain Tract of Marsh beginning at a Rock known by the Name of Barge's Rock on Bleu Point aforesd and runing on a Strait Line Southwesterly to the Patent Tree, and from thence running Northwest to the Woods; And then beginning at ye aforesd Barge's Rock for Twenty Acres of upland running Northwest & by West, and on the Head of the aforesd Marsh to ye Northwest Patent Line until the aforesaid twenty Acres be compleated.
Item I give to my well beloved Son Royal Tyler the one half of the Remainder of my Land & Marsh on Said Bleu Point, as also one half of all Buildings & Improvements on Said Land, and one half of my Interest in the common & undivided Lands in ye Town of Scarboro As likewise I give him my Pew in Dunston Meeting House, and half of my personal Estate if any Shall remain after my Wife's Decease.
Item. I give & bequeath to the Children of my Daughter Dorothy Lovet Decd in Right of Said Dorothy one half of the remaining half my Lands Marsh & Buildings on Bleu Point, as also one Quarter of my Common Right in Said Scarboro Two thirds of the Said Bequeathmt to the Sons, the other Third to the Daughters of Said Dorothy, as likewise one Quarter of my personal Estate do I give to the Children of Said Dorothy, if any remain after my Wifes Decease.
Item. I give & bequeath to my beloved Daughter Abigail Walker all the Remainder of my Lands & Marsh, common Right & personal Estate in Scarboro if any Remainder there be of my Personl Estate as above.
Item. My Will is that my Son Royal do take what Land & Marsh is above bequeathed to him on the Northerly Side of my Farm adjoining to Mr Iob Burnum.
Item. I give & bequeath to my well be loved Wife Phebe Tyler the Use Improvement & Income of one Third part of all my Real Estate, as likewise the Sole Income of all my personal Estate, to be for her only Use Benefit & Behoof during her Natural Life; And I likewise impower her to Sell & dispose of as much of my personal Estate as She Shall judge Needful for her comfortable Support.
My Reasons why I giue my Son Abraham no more in this my last Will & Testament is because he with what I have given him before and what I give him now hath already had a double Portion out of my Estate; And he hath proved a very undutiful Son to me.
Finally I constitute ordain & appoint my worthy Friends Ioseph Plaisted Esqr & Mr Ieremiah Bragdon both of York, & Mr Robert Patterson of Biddeford together with my beloved Wife Phebe Tyler Executors of this my last Will & Testament. Which last Will & Testament If either of my Children Should make any Disturbance in Law with an Intent to disannul make void or break he She or they Shall be cut Short of all that is above bequeathed to them, excepting Five pounds which I allow to be paid to him her or them respectively out of my Estate; And the Forfeiture to be disposed of among the other Children according to the above proportion. And I do hereby utterly disallow revoke & disannul all & every other former Testamts Wills Legacys Bequests & Executors by me in any ways before named Willed & bequeathed, Ratifying this & no other to be my last Will and Testament. In Witness whereof I have hereunto Set my Hand & Seal the Day & year above written.
Those words (ye Forfeiture to be disposed of among ye other Children) were interlined before Signg & Sealing.
Search Maine Wills