Maine Wills

1640-1760

The Will of William Tetherly

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

   In the Name of God Amen. The Ninth Day of Novemher Anno Domini One Thousand Seven Hundred & Forty five, I William Tetherly of Kittery in the County of York and Province of the Massachusetts Bay in New England Gentn being aged but of perfect Mind & Memory Thanks be given unto 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 & 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 be buried in a decent & Christian manner at the Discretion of my Executor, hereafter named, nothing doubting but at the great & General Resurrection I Shall receive the Same again by the mighty power of God. And as touching Such Worldly Estate as it hath pleased God to Bless me in this Life with I give demise & dispose of ye Same in the following Manner and Form.

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

   Item. I give & bequeath unto Mercy Tetherly my dearly beloved Wife the whole Income Profit & Improvement of all my real Estate of every kind & nature whatsoever & wharesoever the Same or any part thereof may be found during the Time that She Shall remain a Widow, and likewise I give to my Said Wife all my personal Estate that Shall be remaining after the Several Sums herein mentioned are paid and Satisfied to dispose of as She Shall think proper.

   Item. I give and bequeath unto my Sons William Tetherly and Iohn Tetherly and to the Heirs lawfully begotten of their Bodys all my Lands & Buildings, and all my Rights & Titles to any Lands & Builds lying & being in the Town of Kittery and Berwick or in any other place wheresoever ye Same or any part thereof may be found together with all my Rights of Commonages, and all other of my real Estate for ever to be equally divided between them. And if either of them Should decease and not leave any lawful Surviving Heir or Heirs to inherit what is given to him the other Brother & his Heirs is to Inherit the whole of what is before mentioned as their proper Estate.

   Item. I give & bequeath unto my Three Daughters vizt Mary Dennet, Mercy Iackson, & Susanna Staple to each of them Ten pounds of the old Tenor to be levied & raised out of my Estate and paid to them in Money or in Specie at Money price or out of my moveable Estate So far as it will go in paying Said Debts & Legacies as herein mentioned to be paid as Soon as may be conveniently after my Decease, and to be paid by my Executx hereafter named or by my Sons aforementioned.

   Item. I give & bequeath unto my four Daughters vizt Ruth Tetherly & Elizabeth Tetherly, Eleoner Tetherly & Anne Tetherly to each of them One Hundred pounds of the old Tenor to be levied and raised out of my Estate & paid to them as Soon as may be conveniently after my Decease by my Said Executx or by my Sons before named in Money or in part of my moveable Estate or Speciæ at Money Price.

   Item. I do likewise constitute & appoint Mercy my Said Wife to be my Sole Executrix of this my last Will & Testament, and I do hereby disallow revoke & disannul all & every other former Will or Wills Legacys & Bequests by me in any Ways before named willed or bequeathed ratifying & confirming this & no other to be my last Will & Testament. In Witness Whereof I have hereunto Set my Hand & Seal the Day & Year before written.

Signed Sealed published pronounced
   & declared by the Said Wm Tetherly
   as his last Will and Testament
   in the presence of us.
   Iohn Spinney
   Samuel Tetherly
   Iohn Godsoe
Wm Tetherly (a Seal)
   Probated 4 July 1748. Inventory returned 3 Oct. 1748, at £5577: 14: 5, old tenor, by Thomas Knight, Ebenezer Fernald and John Godsoe, appraisers.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 575, citing Probate Office, 7, 165.

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