Maine Wills

1640-1760

The Will of John Kye

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 From York County Probate Records, Volume Five (1725-42)

   In the Name of God Amen the Eighteenth Day of June in the tenth Year of the Reign of George the second by the Grace of God of Great Britain France & Ireland King Defender of ye Faith &c. Annoque Domini 1736. I John Kye of ye Town of Berwick in the County of York in ye Province of ye Massachusets Bay in New-England House wright being very sick & weak in Body but of perfect mind & memory Thanks be given Unto God, Therefore Calling unto mind ye Mortality of my Body & knowing that it is appointed for all men once to die Do make & Ordain this my last Will & Testament, That is to say Principally & first of all I Give & Recommend My Soul into ye Hands of God that gaue it, trusting in his mercy thrô' the merits of my Redeemer for ye pardon of all my sins & Eternal Life; and my Body I recomend to ye Earth to be buried in Decent Christian burial at ye Discretion of my Executors nothing doubting but at the General Resurrection I shall Receive ye same again by ye mighty power of God. And as touching such Worldly Estate wherewith it hath pleased God of his great Goodness to bless me in this Life, I Give Demise & Dispose of ye same in ye following manner and form.

   Imprimis, I Give and bequeath to Grizzel my Dearly beloved Wife all my House Hold Goods of every sort to her sole Use & Dispose as she sees meet; also my Will is that my sd Wife should have one halfe of my Real Estate of Housing & Lands to her sole Use during her Natural Life.

   Item. I Give to my son Iohn one halfe of my Land below the way next adjoyning to Leivt Roger Plaisteds Land now in ye Occupation of James Garish includeing the House & Barn & ye Orchards on that side the way, to him his Heirs & Assigns for ever. Only preserve one quarter of the trees in the Young Orchchard for my son Peters Use till He has had time to plant & Improve an Orchard of his own and one quarter of ye Barn for his Use also till he shall build one for himsilfe.

   Item. I give to my son Peter, the other Halfe of my Land below the way next adjoyning to the wentworths Land, to him his Heirs & assigns forever.

   Item. I Give to my son William, my Land above the way extending from ye sd way to ye Eastern side of the Swamp my sd Son William has been Clearing, To him his Heirs & Assigns for Ever, only reserveing a high way thrô his sd Land with Liberty of Egress & Regress for my Children.

   Item. I Give to my son John Twenty acres of Land next adjoyning to Williams Land last mentioned to him his Heirs & assigns for Ever reserveing a high way thrô his Land for my other Children.

   Item. I Give to my Daughter Abigail Twenty acres of Land at ye head of my Land to her, her Heirs and assigns for ever, reserving a heigway thro' her Land for ye rest of my Children.

   Item. I Give to my Sons John & Peter all ye Remainder of my Homestead to them yr Heirs & assigns for Ever, reserveing a hig way in yt part also for the rest of my Children.

   Item. I Give to my Daughter Mary Tebbets, a Cow which with what I have given her already is her Portion of my Estate.

   Item. I Give to my sons John William & Peter all my Part in ye Comon & undivided Lands in Berwick to be to them their Heirs & assigns for ever.

   Item. I Give to my sons John William & Peter all my Right & Interest in ye saw-mill on ye westernside of the Salmon fall River with ye privilidges and appurtenances thereto belonging to them their Heirs & assigns for Ever.

   Item I Give to my to my sons John & Peter my Interest in ye little Mill on ye Eastern side of sd River (my son Wm haveing one halfe of my sd Interest in that sawmill I give ye other to my two sons) to them their Heirs & assigns for ever.

   Item Give to my Servant man Nathanael, Called Nathanael Joy, (on Condition he serve out the Rest of his time or till he is one & twenty years of age wth my son John I Give Him) twenty Acres of Land of my Lot of Land at a place Called the Nine Notches to him his Heirs and assigns for ever.

   Item I Give to my sons John Wm & Peter all the Remainder of my Estate both Real & Personal to them their Heirs & assigns for ever.

   Finally I Constitute & Ordain my sd sons John Wm & Peter ye Execurs of this my last Will & Testament & hereby utterly Revoak & Disannull all & every other former Testament, Wills Legacies & bequests & Execurs by me in any ways before named willed & bequeathed Ratifying & Confirming this & no other to be my last Will & Testament. In Wittness whereof I have hereunto set my Hand & seal the Day & year above written.

Signed sealed Published
   pronounced & Declared
   by ye sd John Kye as
   his last Will & Testament
   in ye presence of us ye subscribrs
   John Pray
   Moses Hodsdon
   Samll Pray
John Kye
   his mark
   Probated 20 Dec. 1737.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 399, citing Probate Office, 5, 106.

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