- Registry of Deeds, 2, 27.
In the name of god Amen/ the twenty fifth day of May In the nineteenth yeare of the Reign of our soveraign Ld Charles the secund, now King of England Scottland &c: & in the yeare of our Ld 1667, I Humfrey Chadborne of the Town of Kittery & parish of Vnity, In the County of Yorke or Province of Mayn in New England being deseased in body, yet haveing the right vse of my sences & memory, do ordajne this my last Will & Testament, hereby revoakeing renounceing, & makeing voyd all other former Wills by mee made & for these outward things that god hath given mee, I hereby dispose of them as followeth/
Inprirs: I do hereby give & bequeath vnto my three daughters/ Namely Lucey Aylce & Kattherne Chadborne, to each of them one hundred pounds, respectively to bee payd them in manner & forme following vidzt: If yt estate of Lands houses & Mills with their appurtenances which I do now possesse, do remaine & continew to my executrix (hereafter in these Presents to bee named) quiettly & peaceably as now It is in mine owne possession, shee being not defrauded nor dispossessed of it nor any of itt before the tyme that these my aforesd Legacys become due & payable by these Presents, then my will is that ye aforesd Three hundred pounds shall be payd them & to each of them respectiuly at or before the full end of five yeares, after my decease in good Mrchandable goods, wch Legacys I ordayn to bee raysed out of, & pd with the produce & profett of the Saw Mills, which are now in my possesion, by my executrix, & that Prson whom I shall hereafter in these Presents Impoure to take any part of the profetts or produce of the sd saw Mills, togeather with my executrix after my decease, which Legacy or portion respectiuely my will is should be putt into the hands of some sufficient Prson or Prsons to bee Improved for ye best aduantage of my aforesd daughters aequally & respectively untill such tyme as they shall attayne vnto Marriage, or vnto the age of one & Twenty yeares, by my executrix & overseers but if in case that ye sd saw Mills doe not produce that benefitt & profett yt heretofore they have by reason of the troublesomness of the tymes or otherwise; Then my will is that the sd Legacys shall be pd them at their marrage days to each one as they shall come to Marriage respectively or else as they shall come to the age of one & twenty yeares, respectively as aforesd to bee pade by my executrix, & that Prson that shall inioy the profetts of the sd Mills as aforesd with her provided always that If my wife doe happen to Marry, my will is that yt Prson with whom shee shall marry, shall give in good security to see these aforesd Legacys fully satisfyd, & payd, If then unpayd to any or either of them, before hee or shee shall Inioy any benefitt or profett or have any thing to doe with the sd Mills, unto my overseers, for the true payment of the sd Legacys vnto my aforesd daughters as aforesd And if In case yt any or either of my three daughters shall happen to dy before thejr Marrage, or the aforesd days of payment, then my will is, that ye surviver or survivers of my daughter or daughters shall inioy that portion hereby given unto the deceased aequally/ & if it do appeare hereafter that my wife bee now at this Present tyme conceaued with child, then my will is that if that Child liue to ye age of one & twenty yeares or marrage wither sunn or daughter, shall Inioy & have all such portion & legacys as is hereby given unto my aforesd daughters, now Liveing; if in case that any or either of them shall happen to dy before thejr sd portions become due, & payable as aforesd, any thing here in contayned to the contrary, in any wise notwithstanding/
Item I do give & bequeath vnto my Two youngest sunns James & William Chadborne all that Land & Meddow now in my possession, with ye appur-tenances lijng & being at a place Called Sturgeon Cricke, which land & Meddow I lately purchased of my Ounkle Nicho: Shapleigh which appeareth by his act & deede of sayle to mee made beareing date in the yeare of our Lord 1663: togeather with the sayd deede & writeings, & all other the appurtenances therevnto belonging, or In any wise apprtayneing. Equally to bee deuided betwixt them by yr mother, & my overseers to this my will & testament to have & to hould the sayd Land & Meddow with the appurtenances to them & to thejr or either of thejr heyres for ever, from & immediately after the deaths & deceases of my selfe & wife their mother, & not before/ And my will is that if my sun James dy, liueing, my sun William, or my sun William dy Liueing my sun James, & either dijng, without lawfull heyres or unmaried, then the other that shall soe survive, shall Inioy all the aforesd Lands & Meddow, but if one or both of my aforesd suns shall happen to dy in a married estate, & hee or they or either of them dy in a married condition with out Issew, or heyres, my will is that his or their Widdow or Widdows shall each of them respectively quietly possess & Inioy that part of the sd Land & Meddow which did belong to there or her former husband or husbands for tearme of her or their naturall life, or lifes, if any such Widdow or widdows bee left soe, & after the decease of both my suns & their wife or wives dijng with out Issew aforesd, my will is, that all the aforesd Land & Meddow shall returne backe unto my daughters, & to bee deuided amongst them, & their heyres lawfully begotten, or to bee begotten/ And if after the death of my aforesd two sunns soe dijng with out Issew as aforesd, there bee none nor neither of my daughters, nor not any Legitimate Issew by them at that tyme, then the sayd Land to returne backe & to bee possest & Inioyed by my next heyre at Law, either male or female/
Item I doe hereby give grant devise convay & bequeath vnto my Sunn Humfrey Chadborne wch is my Elldest son & heyre by Law all my Lands & meddows fenced or not fenced, with all my houses bujldings structures & Edifices togeather with my Saw Mills, togeather with the appurtenances there- vnto belonging, all wch Lands Mills & houses are now lijng & being in Newgewanacke, with in the Parish of Unity, now in my possession, & now or heretofore demed reputed & known to bee my proper Lands & estate, to have & to hould the sd prmisses unto him, & his lawfull & Legitimat heyres for ever, from & immediately after the deaths & deceases of my selfe & my now wife & not before: provided always & It is my true Intent & meaneing in these & by these Presents, that ye sd Humfrey Chadborne my son & heyre shall have noe pouer, directly or indirectly to sell give or grant the sd Lands houses or Mills or any part or Prcell thereof vnto any Prson or Prsons wtsoever (except it bee to Confirme Joynter or Dowry vnto his heyres wife) Neither to lease sett or lett the same vnto any Prson or Prsons for any Tearme exceeding Twenty & one yeares, & that from seaven years to seaven yeares/ And further my will is, that If either my sun Humfrey aforesd, or any of his heyres or successors hereafter at any tyme shall make any grant gyft bargaine or sayle otherwise then aforesd, wrby to frustrate my will & to divert my aforesd Land & prmisses, from runneing directly hereditary to mine & their heyres for ever, I doe hereby declare all such or any such barganes gyft grant or sayle to bee voyd & of none aeffect any thing herein to ye Contrary, in any wise Notwithstanding/ And if it soe happen hee die with out Isue, either In a married estate or otherwise, then my will is after the decease of him & his wife, If hee leave his wife a Widdow after him, then all the aforesd Premisses in this article specifyd, shall then returne & bee my sun James his estate, if then Liueing, & his heyres for ever And for want of James Chadborne aforesd, or such Isue by him, If my sun William Chadborne bee then Liueing, vnto him & his heyres as aforesd, & for want of such Isue by William, vnto yt child my wife is now conceaved with if a male & his heyres And for want of such Issew, vnto my Elldest daughter then Liueing, & to her heyres for ever & for want of such Isue to the next daughter, & to her heyres, & soe to the longest liver, or my daughters & her heyres And if they all dy without Issue, vnto my next kinesman that is my right heyre in Law & to his heyres, puided always that they nor Neither of them shall have any power to defrade nor disinheritt mine or their heyres otherwise but to Inioy it for tearme of life upon the same conditions & provisoes that my sd sun Humfrey Chadborne is hereby to inheritt & hould my sd Lands & prmisses/
Item And further my will is that If my sun Humfrey Chadborne doe enter into a Marrage Condition before the death & decease of his Mother, that then hee shall hereby have free Lyberty to fence in a quantity of the aforesd Lands, at Newgewanacke either tenn Acers more or lesse for planting Land, & alsoe free Lyberty to Erect & build him a Mansion house & other houses to his pleasure & for his owne vse, vpon the same Land soe fenced in to bee layd out to him, & delivered into his hands by my overseers at their discretion, & by the Consent & aduise of my Loueing wife his Mother/ Moreover my will is that if my sun Humfrey doe happen to Marry, yt then hee shall have & Inioy the one halfe deale of my saw Mill, & the halfe deale of ye profitts for & towards the payment of his sisters Legacys aforesd, if any bee vnpayd at the Marrage day of the sd Humfrey, & for noe other vse untill ye sd Legacys are fully payd, & satisfyd: And in the meane tyme after my decease & before his Marrage especially to bee aydeing & with the best of his skill & ability assisting to his sayd Mother, in the carriing of the worke about ye sd saw Mill, as long as his mother shall continew unmarried for the best advantage not onely his owne part, but alsoe his mothers part by her direction & after all the burthen & Legacys which are layd on the profetts & produce of the sd Mills are payd, hee the sd Humfrey my sonn shall haue hould & Inioy the halfe of the sd Mills, or one saw, & halfe of the Teame, & halfe ye Marsh now belonging unto, or now occupied with & for the sd Mills usse, unto his own proper usse benefitt & behoofe, dureing the naturall life of his mother, paying the halfe deale of the Charges concerneing the same & after her decease to Inioy all the aforesd Lands & other the prmisses as aforesd; but dureing his mothers life, to hould but soe much of the Marsh, or hay as may serve to mantayne halfe the Teame, bee it eight or tenn oxen, but not above the residue, for his mothers halfe Teame, & for her other vsses;
All the residue of my goods & Chattles moveable & unmovable not hereto-fore nor hereby given, granted, conveighed or bequeathed, I doe give & bequeath to my wife Luce Chadborne, whom I ordayne & make my whoole & soole executrix for to see my debts payd, & not onely such Legacys Prformed as are heretofore in this my Present Will & testament formerly given, but alsoe all such Legacys & bequeaths, as I shall hereafter give it being small Legacys, & annexed to this as part of my whoole Will, soe it bee Attested signed & witnessed under mine & Witnesses hands/
And I doe desire my Ouncle Nicholas Shapleigh, & my Cosson John Shapleigh & my Cosson William Spencer, to bee my overseers vnto this my last will & testament, to the vtmost of their pouer to see my Will observed, & Prformed according to the Tenour thereof, & I doe hereby give unto my Ouncle Shapleigh one very good beaver hatt, & to my cosson John Shapleigh & William Spencer each of them a good Castor hatt as good as can bee gotten, for their paynes to oversee & see my will executed/
Item I do vpon due & serious considerations of the prmisses aforesd, order & ordayne that my suns James & William Chadborne, In consideration to that Donation I gave them at Sturgeon Cricke, that both of them shall to thejr vtmost pouer & assistance, always to bee aydeing & assistant to their mother, & to bee at her Comand vntill the tyme of their marrage if there mother see cause soe to have it, & if they shall bee stubborne & disobedient to there mother, that then It shall bee lawfull for my executrix with the Consent of my overseers to dispossess them or either of them & to give the aforesd Lands & Meddow of Sturgeon Cricke to any other of my children & to none else, any thing herein Contayned to the Contrary notwithstanding/
It is my will that my beloued wife being my Lawfull executrix take spetiall Care of my sister Spencer, & If it should soe happen yt my sister should fall to decay, & bee in want that then my wife Lucy Chadborn shall to her uttmost power & ability supply her & bee helpefull to her at all tymes hereafter/
Item I doe bequeath unto my Cosson Mary ffose fiue pounds to bee payd her with in one yeare after my decease/
Item I give & bequeath unto my sun Humfrey Chadborne my now rideing horse with all the furniture to him belonging, & my intent is that the sd horse with ye furniture bee at his owne dispose, imediately after my decease/
Item I give & bequeath unto my daughter Aylce Chadborne my great silver beaker, & my true intent is it shall bee quietly delivered vnto her at the day of her Marrage/
In witness wrof, both unto that former writeing here in expressed, & heretofore in this sedule of my will & testament at large expressed before I did ordayne & make my executrix & appoynted hereby my overseers, as alsoe to those bequeaths Lecacys injunctions & desirs of mine I haue hereunto sett my hand & seale thereby Confirmeing it to bee my last Will & testament In the Presence of these Witnesses, hereafter vnderwritten & subscribed/
Humfrey Chadburne (his seal)
Sealeld Signed & acknowledged,
by mee Humfrey Chadburne Senjor
to beee my Last will & testament in the
Presence of vs/
The marke of
Humphrey X Spencer
The marke of
Moses X Spencer
Andrew Searle/
And further I doe declare vnto all men that I Humfrey Chadburne Testator, haveing maturely & seriously considered my owne fraylty in pticular, & euery Prsons mortality in generall, & haveing not yet formerly in this my last will & testament made any provission for the bringing up of my 3 little daughters Luce Aylce & Katthrine Chadborne, & that Child with which my wife is conceaved with, yet vnborne, how to bee brought vp according to my mind & Will at Schoole & Learneing, not spending vpon that stocke or portion or Legacys which I have formerly given them, untill they should every one of them respecitvely, bee of the age of Twelve yeares, or capable to gett their liveing, intending thereby & my will is that yr portions shall remaine whoole & vnimbezelled vnto them at that age, & tyme respecitvely, for that end & purpose my intent & Will is, that my aforesayd daughters & youngest Children shall be mantayned & brought up by my suns Humfrey James & William Chadborne, respecitvely & proportionably & my will is that my Sun Humfrey shall bee at the greatest Charge towards their bringing vp, & James & William some small part according to yr abilitys & the discretion of my overseers, & I doe hereby bind my Land for the Prformance here of, that my suns possessing my aforesd Lands & Mills, shall bee to the Charges of the bringing vp of my sayd youngest children, soe as that their aforesd portions may not bee spent nor in the least Imbeazelled vntill they shall accomplish the age aforesd, respectiuely, & I doe hereby declare that this here under written is as really a branch & a part of my last will & testament as any thing either gyft devise or Legacy heretofore given or bequeathed/
In witness hereof I haue here vnto sett my hand the day & yeare aforesd, in the Presence of the same Witnesses aboue sd, whose names are here agajne subscribed/
Witnesse/ Humfrey Chadburne/
Andrew Searle
Humphrey Spencer X:
Witness
Moses Spencer X
Sworn to by attesting witnesses 13 Sep 1667; recorded 15 Oct 1667; Inventory returned at £1713: 14: 0, by John Wincoll, Nicholas Shapleigh and William Spencer, appraisers Sept 12th 1667.
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Abt 1615 - 1667
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Immigration
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