Maine Wills


The Will of Francis Smart

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 From York County Probate Records, Volume Eight (1705-53)

   In the Name of God Amen. The tenth Day of May Anno Domini One Thousand Seven Hundred & Fortythree. I Francis Smart of Kittery in the County of York in the Province of the Massachusetts Bay in New England Husbandman, being very Sick & weak in Body, but of perfect Mind & Memory Thanks be given to God. Therefore calling unto Mind the Mortality of my Body, do make & ordain this my last Will and Testament, That is to Say, principally & 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 decent christian Burial at the Discretion of my Executor hereafter named 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. It is my Will, and I do hereby order that my funeral Charges & just Debts be paid as Soon as may be conveniently after my Decease

   2ly. I give & bequeath to Mary Smart my dearly beloved Wife the Possession Use & Improvement Revenue & Income of all my Estate : both real & personal, for her comfortable Support and Maintenance during her Natural Life : And after her Decease to be buried in decent Christian Burial at the Discretion of my Executor the Charge thereof to be defrayed out of my Estate.

   3ly. I give to my well beloved Kindred William Barter Sarah Grindal Elizabeth Iones & Martha Jones of Kittery aforesaid their Heirs & assigns forever (after the Decease of Mary my Wife), all the Remainder of my Estate both real & personal whatsoever & in what place soever to be divided in equal Shares or Portions between them.

   4ly. I constitute make & ordain my Kinsman William Barter above named my Sole Executor of this my last Will & Testamt And I do hereby utterly disallow revoke & disannul all and every other Former Testaments Wills Legacys & Bequests and Executors by me in any Ways before named willed and 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 above written.

Signed Sealed published pro-
   nounced and declared by
   the Said Francis Smart as
   his last Will & Testamt in
   the Presence of us the
   Moses X Welch
         his mark
   William X Briar
         his mark
   Caleb Hutchins
   Elizabeth X Briar
            her mark
Francis Smart (Seal)
         his mark
   Probated 31 Decemr 1750. Inventory returned 28 Jany 1751, at £143: 2: 0, by Joseph Gunnison, Caleb Hutchins and William Bryer, appraisers.

Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 638, citing Probate Office, 8, 81.

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