Luke MILLS' Will, 1764 Portsmouth, NH.
"A TRUE COPY, THE LAST WILL AND TESTAMENT OF LUKE MILLS OF
PORTSMOUTH, N.H. 1764.
In the name of God, Amen.
I Luke Mills of Portsmouth, in the Province of New Hampshire, in New England, Mariner, calling to mind the Frailty of human Nature and the Uncertainty of Life, though at present Weak in body ***
Imprimis, I order and direct, and my Will is, That any two of my Executors hereafter mentioned, do sell my new House and Land adjoining, opposite the Mansion house of Mathew Livermore, Esqr, in Portsmouth, and now in the occupation of Dennis Drew, Carpenter, and out of the Money from the Sale thereof, I will that my just Debts and Funeral Expences be duly, honorably and seasonably paid and discharged.
Item, I give and bequeath unto my beloved Wife Deborah, the Use and Improvement of all the Residue of my Real Estate, and all my Houshold Furniture, as per Inventory and Apprisement to be taken thereof by my Executors, until my Son Elligood arrives to the Age of twenty one Years, after which time, she shall deliver up the Possession of Such Part of my Real Estate and Furniture as I shall hereafter give to him and his Heirs in this my Will-
I further will, That after the Term aforesaid, my Wife do still keep, use and possess all the rest of my Real Estate and Houshold furniture, as per Inventory and Apprisement aforesaid, until my Daughter Mary arrives to the Age of twenty Years or is Married-after which Terms my said wife is to Surrender Possession to my said Daughter Mary, all such Real Estate as I shall hereafter give and devise to her and her Heirs-Furthermore, my Will is, That my said wife, after the full Age of my Son Elligood, shall keep, hold, use, improve, occupy, and possess during her natural Life, the one half of the House wherein I now dwell, with the garden adjoining, and the one half of the Wharfe and Warehouses, and all the Privileges thereof, excepting what I shall hereafter give and devise to my said Daughter Mary and her Heirs, out of the same, in this my last Will - Furthermore, My will is, That my wife have my Cow, with the Privilege of the Pasture which I bought of John Savage, to pasture a Cow in during her natural Life -Furthermore I will that after my Daughter Mary arrives to the Age of
twenty years aforesaid, or be married, that any two of my Executors shall equally divide my Houshold furniture, and take an Inventory of the Same; and also all the Monies that may be in their Hands, after my Debts and Funeral Expences and Legacies are duly paid; and that they do deliver one half to my beloved Wife Deborah, for her Use, during her natural Life, she giving Security to my other Executors that after her Decease, the said half of the Houshold Furniture, saving what may be judg'd reasonable to allow for Ware &c. And the sum of money so delivered her by them, shall be returned to them or the Survivor of them; or in Case of both their Decease, to the then Judge of Probate, for the Province of New Hampshire, to be delivered to my Daughter Mary and her Heirs forever-
Item, As my Son Luke Mills hath not behaved towards me as becomes the Duty of a Child, I give and bequeath to him, so soon as my executors shall think proper, Ten Pounds Sterling and a full Suit of Apparell and this I give in full of all such Part, Portion, or Share that my said Son shall have in and to my estate, from which I disinherit him forever hereby-
Item, I give and bequeath to my Son Elligood and his Heirs, and Assigns, after he arrives to the Age of twenty one Years, the one half of my Dwelling House and Garden, Wharfe and Warehouses, saving what I haved reserved out of Same for my Daughter Mary--and after the Decease of my Wife, I give to my said son Eligood and his Heirs and Assigns the other half of my said Dwelling House, Garden, Wharf and
Warehouses, with all the Privileges thereto belonging-I also give and bequeath to my
Son, his Heirs and Assigns, the one half of my Pasture Ground, which I bought of John Savage, reserving the Pasturing of a Cow for my Wife during her Life. -I also give him all my Wearing Apparel, a good Feather Bed and Bedding, my Chimney Glass, my large Silver Can, my best Gun, my Sea Books and Instruments, my two largest China Bowls, and my great Bible.
Item, I give and bequeath to my Daughter Mary, her Heirs and Assigns, after she comes to the Age of twenty years, or is Married, to the Satisfaction of any two of my Executors before that Term, a Lot of Land to be taken out of my Garden belonging to my Mansion House, beginning at the westerly End thereof, and running down Easterly towards the River fronting on the Lane between my land and Mr. Thomas Wentworths eighty Feet, thence Northerly across Said Garden, to Land of Jeremiah Wheelwrights, thence Westerly eighty Feet to the Land of Ebenezer Jose's Heirs, thence Southerly to the first Bounds, with the Barn standing on the Said Lot -I also give and bequeath to my said daughter Mary and her Heirs and assigns the other half of my Pasture Ground aforesaid, reserving the Privilege for my Wife to pasture a Cow during her Life -I also give to my said Daughter Mary, after she arrives to the Age of twenty years, or is married, as aforesaid, the other half of my Houshold Furniture, as the same may be divided by my Executors in the manner aforesaid, and that the same be delivered to her; but the one half of all the Monies and Debts received in after Payment of my Debts, Funeral Expences and Legacies, the same be put to Interest by my Executors till my said daughter Mary arrives to the Age or Marriage aforesaid, and after that Time the said money given to her for her sole Use forever.
Item, Whereas I have given my Wife the Improvement of one half of my Household Furniture and a sum of money according to her Security, my will is that the same after her Decease be given to my Daughter aforesaid by my Executors or the Survivor of them, or by the Judge of Probate aforesaid-
Item, I will that all my other Estate Real and Personal, not before expressed herein, shall be equally divided between my said son Ellingood and my said Daughter Mary.
Lastly, I do hereby nominate and appoint my beloved Wife Deborah my good friends Andrew Clarkson and John Wendell, all of Portsmouth aforesaid, or any two of them, to be the Executors***
In Witness whereof I the Said Luke Mills have hereunto set my Hand & Seal at Portsmouth this Twentieth Day of June, one thousand seven hundred and sixty four. Luke Mills. [Witnesses] Caleb Beck, Nath:ll Sanbun, sarah meserve. [Proved] August 29, 1764."
[From Hammond, Otis G. (ed.) 1990. Probate Records of the Province of New
Hampshire Vol. 8 1764-1767. Published by the State of New Hampshire. pp. 70-73.]
Last updated on 1 Jul 2002