Will of Humphrey Chadbourn  (1667)

Taken from York Deeds Volume II, folios 27-30.


            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 Unity, In the County of Yorke or Province of Mayn in New England being deseased in body, yet haveing the right uss of my sences & memory, do ordaine 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

            Inpris I do hereby give & bequeath unto 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 respectivly 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 respectively my will is should be putt into the hands of some sufficient Prson or Prsons to bee Improved for ye best advantage of my aforesd daughters aequally & respectively untill such tyme as they shall attayne unto Marriage, or unto 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 troublesomnes 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 injoy 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 Injoy 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 unto my aforesd daughters as aforesd  And if In case yt any or either of my three daughters shall happen to dy before their Marrage, or the aforesd days of payment, then my will is, that ye surviver or survivers of my daughter or daughters shall injoy that portion hereby given unto the deceased aequally & if it do appeare hereafter that my wife bee now at this Present tyme conceaved with child, then my will is that if that Child live to ye age of one & twenty yeares or marrage wither sunn or daughter, shall Injoy & 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 their sd portions become due, & payable as aforesd, any thing here in contayned to the contrary, in any wise notwithstanding

            Item I do give & bequeath unto my Two youngest sunns James & William Chadborne all that Land & Meddow now in my possession, with ye appurtenances liing & 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 thereunto belonging, or In any wise apprtayneing.  Equally to bee devided 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 their or either of their 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, liveing, my sun William, or my sun William dy Liveing my sun James, & either diing, without lawfull heyres or unmaried, then the other that shall soe survive, shall Injoy 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 & Injoy 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 diing with out Issew aforesd, my will is, that all the aforesd Land & Meddow shall returne backe unto my daughters, & to bee devided amongst them, & their heyres lawfully begotten, or to bee begotten  And if after the death of my aforesd two sunns soe diing 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 & Injoyed by my next heyre at Law either male or female

            Item I doe hereby give grant devise convay & bequeath unto my Sunn Humfrey Chadborne wch is my Elldest son & heyre by Law all my Lands & meddows fenced or not fenced, with all my houses buildings structures & Edifices togeather with my saw Mills, togeather with the appurtenances there unto belonging, all wch Lands Mills & houses are now liing & 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 unto any Prson or Prsons wtsoever (except it bee to Confirme Joynter or Dowry unto his heyres wife) Neither to lease sett or lett the same unto 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 Issue, 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 Liveing, & his heyres for ever  And for want of James Chadborne aforesd, or such Isue by him, If my sun William Chadborne bee then Liveing, unto him & his heyres as aforesd, & for want of such Isue by William, unto yt child my wife is now conceaved with if a male & his heyres  And for want of such Issew, unto my Elldest daughter then Liveing, & 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, unto my next kinesman that is my right heyre in Law & to his heyres, pvided always that they nor Neither of them shall have any power to defrade nor disinheritt mine or their heyres otherwise but to Injoy 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 uss, upon 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 & advise of my Loveing wife his Mother  Moreover my will is that if my sun Humfrey doe happen to Marry, yt then hee shall have & Injoy 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 unpayd at the Marrage day of the sd Humfrey, & for noe other uss 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 have hould & Injoy 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 Injoy 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 t enn oxen, but not above the residue, for his mothers halfe Teame, & for her other usses;

            All the residue of my goods & Chattles moveable & unmovable not heretofore 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 unto this my last will & testament, to the utmost 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 upon 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 their utmost pouer & assistance, always to bee aydeing & assistant to their mother, & to bee at her Command untill 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 beloved 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 Fosse five 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 unto 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 have hereunto sett my hand & seale thereby Confirmeing it to bee my last Will & testament In the Presence of these Witnesses, hereafter underwritten & subscribed                                                                                Humfrey Chadburne

            Sealeld Signed & acknowledged

            by mee Humfrey Chadburne Senior

            to beee my Last will & testament in the Presence

            of us

            Humphrey (his mark) Spencer

Moses (his mark) Spencer

            Andrew Searle

            And further I doe declare unto all men that I Humfrey Chadburne Testator, haveing maturely & seriously considered my owne fraylty in pticular, & every 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 unborne, how to bee brought up according to my mind & Will at Schoole & Learneing, not spending upon 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 & unimbezelled unto 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 up, & 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 up of my sayd youngest children, soe as that their aforesd portions may not bee spent nor in the least Imbeazelled untill they shall accomplish the age aforesd, respectively, & 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 have here unto sett my hand the day & yeareaforesd, in the Presence of the same Witnesses abovesd, whose names are here againe subscribed                               Humfrey Chadburne


            Andrew Searle

            Humphrey (his mark) Spencer


            Moses (his mark) Spencer

            (proved 13 Sep 1667, York Deeds II:27-30)


Will of Lucy (Treworgye)(Chadbourne)(Wills) Stileman  (1699)

Taken from the New Hampshire state papers Volume 31, pages 452-453


               In the name of god Amen The Eighth Day of January In The Eleventh year of The Reigne of our Sovereigne Lord William The Third by The Grace of god of England Scotland France and Ireland King Defender of the faith &c Anno: Dom: one Thousand Six hundred ninety & nine.  I Lucy Stileman of New Castle being In Perfect health both In Body and mind....

               That Is To Say first.  I Give and bequeath To my grandson James Chadborn Son of My late Son James Chadborn one half part of all my land and Meddow which Is lying and being Att or ny Sturgeon Creek In the Province of main which was granted me by A Deed of gift or Joynter from My former Husband Humphry Chadborn Duering My Natural Life and Then Att my disposeal Among our Children And The Sd James Chadborn Is To Pay his sister Lucy Chadborn twenty Pounds out of The Incoms or Rent of The Sd Land And If the sd James Shuld Dy without Issue Then The Sd Land Is to goe tro his Sd Sister Lucy _____ I Give and bequeath To my Daughter Elizabeth Alcock The other half of my Sd land and Meaddow Aforsd To be Equally divided betwext her and my grandson Aforsd Shee Paying To her Sister Katharine Wamouth Twenty Pounds out of the Rent or Income.  and If my Daughter Elizabeth Alcock Shuld Dy without Issue and Leave A husband then sd Land and Mash Shall remain to her husband Dureing his Natural life and then Decend To my Daughter Katharine Waymouth or her heirs: or If She Dy without husband or Issue Imediately to goe As Aforesd To my Daughter Waymouth or her heirs she or they Paying To my other Two Daughters Viz Lucy Lewis & Alice Dunnel Each Ten Pounds being the mony Recd of her Sister Alcock or If Not Recd by Reason of The Shortness of The Time being In My daughters Alcocks hands &c Then Nevertheless To Pay Them The Ten Pounds Each ___  And That whereas my l ast husband Mr Elias Stileman Did give me forty Pounds To be Disposed by me out of his Estate I give and Bequeth That Equally between my five Daughters Viz: Eight pounds To Each Lucy Lewis Alice Dunnel Kattharine Waymouth Eliza Alcock & Joana Cutt Each Eight Pounds Whereas I Now have An obligation from Rich: Stileman for Ten Pounds If I Receve That Ten Pounds Then I give my Grand son Thomas Landel Ten Pounds mony If I dy before I Recover That Then my Sd Grand son Shall have that Bill I heereby Assigning It over to him  I Give to my Grandaughter Lucy Chadborn Daughter to my Son James Chadborn A Cow  Whearas There Is A Dt Due from my late Son Humpry Chadborn I Give that To my four grandchildren My Son Humprys Children Viz Mary Wm Eliza & Joseph Chadborn And what Ever Estate I Leave Else Not heer mentioned I order It to be Equally Divided between my Sd five Daughters Viz: Lucy Lewis Kath: Waymouth Eliza Alcock Alice Dunell & Joanah Cutt And I Doe heereby Appoint My Two Daughters Kath: Wamouth & Eliza Alcock To be my Executrixes of this my last will and Testament  I Desire My good frends John Hincks & Robt Eliot Esqrs To be Overseours heer of to See this My Will fulfiled In wittness whereof I have heerunto Sett my hand And Seal the Day and year Above writen 1699 In Presents of Samuel Smith mary tetherly Theodore Atkinson signum

Lucy X Stileman Alis Wells Alis Chadborn (seal)

(NHSP 31:452-3, proved 13 Apr 1708)

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