The Will of Phinehas Jones
In the Name of God Amen, the first Day of November anno Domini 1743. I Phinehas Jones of Falmouth in the County of York & Province of the Massachusetts Bay in New England Trader being very weak in Body but of perfect mind and memory thanks be giuen unto God : Therefore calling to mind the mortality of my Body and knowing that it is appointed for all men once to Dye Do make and Ordain this my last Will & Testament that is to say Principally and first of all I give and Recomend my Soul into the Hands of God that gave it, and my Body I recomend to the Earth to be Buried in Christian decent burial at the Discretion of my Executrix and Executors hereafter named; nothing doubting but at the General Resurrection I shall Receiue 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.
Imprimis, my Will is that all my Just Debts Charges of Doctors, with my Funeral Charges be paid & Defrayed in the first place out of my Estate.
Item, I Give and bequeath unto Anne my Dearly beloved Wife all my Household Goods.
Item, I Give and bequeath unto my said Wife and to my well beloved Daughters Hannah Jones, Lucy Jones and Anne Jones Jur all my Real Estate in Fee to be Equally Divided between them my said Wife and Daughters and by them freely to be possessed & enjoyed.
Item, I Give also and bequeath unto my said Wife and to my sd Daughters all my personal Estate (Household Goods excepted) between them my said Wife and Daughters to be Equally Divided.
Item, I Do hereby impower my Executrix & Executors hereafter Constituted & named to and my Will is that they should make Sale & Conveyance of any Land or Lands Messuages and Tenements if need be to pay any of my Just Debts.
Item, I Do likewise impower my Executrix & Executors hereafter Constituted and named to and my Will is that they should make Sale of and Conveyance of any Land or Landsthat is a part of my Homestead that they shall think and Judge will thereby tend to the good Settlement of my Estate & be without prejudice to the Interest of my sd Daughters.
Item, I Do likewise impower my Executrix and Executors hereafter named & Constituted and my Will is that they should purchase the Remainder or Remainders of any Tract of Land or Lands that I own a part off for my Heirs, where they my sd Executrix & Executors shall Judge by such purchase or purchases my Heirs will be advantaged, and I Do also hereby impower them my sd Executrix & Executors to Dispose of any of my other Land or Lands Messuages and Tenements to pay for such purchase or purchases as they shall think will be most for the advantaige of my said Heirs.
Furthermore I Do hereby Constitute and appoint my dearly and well beloved Wife Anne Jones aforesd Executrix with my well beloved Brother in Law Nicholas Hodge and my good Friend Joshua Freeman both of Falmouth aforesd Joynt Executors with her my said Wife of this my last Will & Testament hereby impowering either two of them my sd Executrix & Executors in all and every Respect & particular aforementioned to act and Do as fully and as authentically, should either of them live out of the County as they all could do were they present.
And I Do hereby utterly disallow Revoak & Disanull all & every other former Testaments Wills Legacies and Bequests and Executors by me in any ways before named Willed and Bequeathed Ratifying & Confirming this and no other to be my last Will & Testament. In Witness whereof I haue hereunto set my Hand and Seal the Day & Year first herein written.
|Signed Sealed, Published Pro- |
nounced & Declared by the sd Phinehas
Jones as his last Will & Testament
in ye presence of us ye Subscribers.
N. B. the Words (that is a part of my
Homestead) between the 28th and 29th Lines
on the other side were interlined before signing.
|Phinehas Jones (Seal)|
Be it Known to all Men by these presents that whereas I Phinehas Jones of Falmouth in the County of York in New England Trader haue made and Declared my last Will and Testament in writing bearing Date the first Day of November Anno Domini 1743. I the said Phinehas Jones by this present Codicle Do ratify and Confirm my sd last Will & Testament; and Do giue and bequeath unto my dearly and well beloved Wife Anne all my wearing apparrell which is not to be Judged or looked upon as any part of my Personal Estate which I have willed to be Divided between my said Wile and my three beloved Daughters, but is Excepted out of my Personal Estate in manner as my Household Goods are for my said Wife.
Furthermore, Whereas I the said Phinehas Jones have and Do own a part of a Large Tract of Land lying on a River called Kennebeck in the County of York aforesd and in Common and undivided between me the sd Phinehas Jones and James Boadwin and others, which part of sd Tract of Land I the said Phinehas Jones purchased of Samuel Marshal of Boston and Children, I Do hereby impower my Executrix and Executors named constituted & appointed in & by my sd last Will & Testament, and my Will is that they should Giue or otherwise dispose of any part or parts of sd part of sd tract of Land that they shall think & judge will tend to the Settlement of the same agreeable to what the other partners shall think best to promote & bring forward the sd Settlement, and my Will & meaning is that this Codicle or Scadule be & is adjudged to be part & parcell of my sd Will and Testament; and that all things herein Contained and mentioned be faithfully and truly performed; and as fully and amply in euery Respect as if the same were so declared and set down in my sd last Will and testament. In Witness whereof I the sd Phinehas Jones Do hereunto set my hand & Seal this fourth Day of November Anno Domini 1743.
|Signed Sealed published & declared |
& pronounced by the sd Phinehas
Jones as a part & parcel of his last
Will and testament in presence of us
|Phinehas Jones (Seal)|
| Probated 29 Nov. 1743. Inventory returned, 11 Jany 1743-4, at £8782: 2: 11, by Joseph Noyes, John Snow and John Wate, appraisers. Debts due the estate from, David Gustin, Isaac Ilsley, John Wate, Jonas Jones, John Huston, George Huston, William Huston, Elijah Gleson, Nathl Jordan, Joshua Curtis, Benj. Ingersoll, George Strout, Joseph Cox, Elisha Dunham, Thomas Poak, Moses Clough, Samuel Crocket, Cornelius Bramhall, Richard Stubbs, James Milk, Thomas Ficket, Nelson Racklyft, James Buxton, Joseph Conant, Samuel Conant, William Libby, Joseph Graves, Eleazer Hall, Barnabas Seabury, John Roberts, James Babb, Ebenezer Gustin, Daniel Godfrey, Nathl Knights, Andrew Gibbs, Joseph Cox, John Blethen, Samuel Blethen, Samuel Skillings, Samuel Bean, Timothy Wooster, Thomas Doughty, Caleb Graffam, Jeremiah Riggs, Peter Wear, Samuel Crockett, Samuel Moody, Cornelius Soul, Isaac Winter, Martin Jose, John Bean, Arthur Bragdon, John Yeomans, Joseph Plumer, Francis Wyman, John Carter, Thomas Thomes, James H. McCausland, Richard Stubbs, Joshua Bangs, Thomas Starbird, Nathl Boalter, Nathaniel Dressor, Pane Thompson, Richard Carter, Jonathan Andrews, Samuel Winch, Robert Avery, John Fly, Edward Milliken, Robert Munson, Samuel Milliken, Charles Frost, Samuel Stone, William Wescoat, James Russell, John Bayly, Ephraim Foster, Noah Mitchell, Andrew Simonton, Westbrook Knight, Nathl Crocket, Edward Cloutman, James Wooster, James Libby, William Wooster, Joseph Bayly, Josiah Plumer, Thomas Millet, Nathl Starbird, George Knight, Denes Murrough, James Wyman, James Winslow, Peter Hall, William Elwell, John Gorham, Benjamin Stevens, Jabez Fox, David Tory, John Owen, John Motley, Wheeler Riggs, John Graves, Daniel Wooster, Daniel Fitzgerald, Joseph Pitman, John Crocket, Pennel Barton, Samuel Small, Joshua Freeman, Benjamin Pumroy, Andrew Gray, Mary Pittman, Samuel Morgaridg, Forgus Higgins, Edward King. Notes of hand payable to Jones & Bowman, of Priscilla Knight, Graves & Co., Philip Hodgkins, Emerson & Thomas, Dresser & Milliken, Hall & Co., Gustin & Co., William Gray, Winter & Co., Babb & Co., Joshua Freeman, John Wate, Robert McKenney.|
Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 479, citing Probate Office, 6, 82.
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