Descendants of Anthony Emery Chapter Three

James and Elizabeth (Goodwin) Emery 67 JAMES EMERY m. 18 Dec. 1685 S. Berwick [Kittery] York, Maine. MARGARET HITCHCOCK d/o Richard and Lucretia (Williams) Hitchcock.

m 2nd ELIZABETH GOFFE/GOUGH widow of James and also widow of John Frost b. 1658 d. 5 Sep. 1730

He made his will 28 Dec. 1724:

In the Name of God Amen The Twenty Eighth day of December one Thousand Seven Hundred & twenty four I James Emery of Berwick in ye County of York and within his Majts Province of the Massachusets Bay in New England Husbandman, being Very Sick & weak in body but of perfect mind & memory Thanks be given unto God, therefore Calling unto mind ye Mortality of my body & knowing it is appointed for all men once to die doe make & ordain this my Last will And Testament, that is to Say, principally & first of all I give & Recommend my Soul Into ye hands of God yt gave it, & my body I recommend to ye Earth, to be buried In decent Christian burial at ye discretion of my Executor & Executrix, Nothing doubting but at ye general resurrection I Shall Receive the Same again by ye 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 ye Same in ye following Manner & Form.

Imprimis : I give & bequeath unto Elizabeth my dearly beloved wife ye third part of my homeSted dureing her Natural life or widowhood & one Cow & the pastureing ye Cow, being at her own dispose.

Item I give unto my Son Thomas my homeSted pasture Land house, barns Orchard, & all ye profits priviledges & appurtenances forever with all ye Moveables within doars & without, he to pay all my Lawfull Debts & ye Legacies hereafter Mentioned out of my Estate, Namely to my Son Iames's Children Two Shilling apeace

Item I give unto my Son Samuel Five Pounds.

Item I give unto my daughter Margaret twenty Shillings unto my daughter Lydia twenty Shillings to my daughter Francis twenty Shillings, to my daughter Rebecca twenty Shillings to my daughter Elizabeth twenty Shillings & unto my daughter Lucretia twenty Shillings.

Item I give to my beloved wife Elizabeth aforeSd my Execvtrix & Iob Emery my Executor to this my Last will & Testament And I doe hereby utterly disallow revoak & disannull all & every other former Testaments wills Legacies & bequests & Executors or Executrixs by me or in any ways before Named Willed & 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 pronounced & declared by ye Same Iames Emery as his Last will & Testament In the presence of us.
            Elizabeth X Abbot, her mark
            Sarah X Abbot, her mark
            Iohn Broad Street
            Iames Emery (Seal)
Probated 7 April 1725. Inventory returned 24 March 1725, at Ј214: 2: 10, by John Hupper, Walter Abbot and Joseph Hodgdon, appraisers.

[Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 273, citing Probate Office, 3, 163.]

68 ZACHARIAH EMERY b. 1660 Kittery, York, Maine m. 9 [19] Dec. 1686 Kittery, York, Maine. ELIZABETH GOODWIN b. 1661 Kulle, York, Maine d. 16 Dec. 1736 Kittery, York, Maine d/o Daniel and Margaret (Spencer) Goodwin. He d. prior to 22 Dec. 1692 Kittery, York, Maine when his widow married Philip Hubbard.

69 NOAH EMERY m. 20 Jun. 1696 Kittery, York, Maine. ELIZABETH [-?-]. He had a land grant from the town 1685, grand juror 1723-4; selectman 1725-29; trial juror, 1727; surveyor of land, 1728-9. Te records of the first church in Kittery contain the notice of the baptism of three children in Sep. 1722. He d. before 1729.

70 DANIEL EMERY m. 17 Mar. 1795 Berwick, York, Maine. MARGARET GOWEN alias Smith b. 15 Nov. 1678 d. 21 Nov. 1751 d/o William and Elizabeth (Frost) Gowen alias Smith. He was a noted surveyor of land having been elected surveyor of Kittery, 1706-17; selectman, 1704-12, 1718. In 1712 he was elected to attend the surveyors appointed by General Court to run the lines of the town and in 1718 one of the Commissioners to mark the line between the common rights of Berwick and Kittery and to mark the division between Berwick and Kittery; moderator, 1707 and 1718.

He was chosen deacon of the congregational Church, Berwick, Maine., May 1703, elder 21 Nov. 1720, and was probably one of the original Members or "foundation brethren" of that church.

He made his will 5 Apr. 1722 and proved 8 Nov. 1722. He d. 15 Oct. 1722.

In the Name of God Amen the fifth day of Aprill in the Year of our Lord one Thousand Seven hundred and Twenty two, I Daniel Emery of Kittery in the County of Yorke in his Majesties Province of the Massachusetts Bay in New England Yeoman, being Very Weak in Body but of Perfect mind and Memory thanks be given unto God, therefore calling into Mind the Mortallity 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 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 like manner att the Discretion of my Executrix Nothing Doubting but att the General Resurection I Shall Receive the Same Again by the Allmighty power of God, and as touching Such worldly Estate wherewith it hath Pleased God to bless me in this life I give Demise and Dispose of the Same in the following Manner & form

Imprimis I give & Bequeath to Marget Emery my wife (whom I do hereby Constitute my Sole Executrix) All my Movable Estate of every kind & Quallity Excepting two Steare & a young Mare for Simon Emery & a feather bed & Beding for my Eldest Daughter Margaret Emery, also I give to my Said Executrix the whole vse of my homsteed to her Self & Disposing for the Space of ten years and the Mill & Previledge and timber all that is reserved in Daniel and Simons Deed, and the old part of the Dwelling house and the Lower room in the North End of the new part of the house and her gardain with the Out house & Cellers and Previledge of the Spring She being to Maintain bring up and Educate all my young Children During the Said term of tenn years upon the Said Estate and to pay all my due Debts & Funeral Charges in Convenient time after my Decease She haveing Liberty to Sell any Movable thing and the Mill the Previledge and Timber for paying the Same

Item I give to my Eldest Son Daniell Emery a tract of Land Bounded by York pond & by the brook running out of it, & by the Marsh brook with the other Bounds Mentioned in his Deed Dated the thirtyeth of Janry Last all the Said Land Marsh and Meadow Adjoyning on the North Side of Said Bounds for his Portion.

Item I give to my Second Son Noah Emery the New part of my Dwelling house with the Previledge of his Shop And a Gardain of three rods down Square from the North west Corner of his Shop & off to the lane And the Previledge of the Spring and after tenn years to have all the Land & building on the West Side of the Main Road & one third part of my Land at the third Hill to him & to his Heirs Executors Administrators or Assignes forever after my Decease Reserveing to my wife the Old house & the aforeSd Room in ye New & her Gardain & the third part of the Produce of the Land below the house So far as the bounds of that Land I gave him in a deed Dated the Second day of Aprill 1722 During her life, he Mannageing it and after my wifes Decease to pay to Caleb Emery my Son Six pounds and to Joshua nine pounds as they Come to age after ten Years if my wife Should dye before, & if She lives Longer to be paid after her Death.

Item I give to my Son Simon Emery all my Land Marsh and Meadow adjoyning on the East & South of Daniels bounds According to his Deed Dated the Second of Aprill 1722 & the aforeSd Steers and Mare as his portion

Item I Give to my Son Zachriah Emery all my Land att home Adjoyning on the East Side of the Main Road after ten years (not Selling without giveing the Refusall of it to his brothers that any of them may buy as Cheap as another) and it Shall be mannaged to the Best Advantage & the third part of the hay fruit of all Sorts, Cyder Corne & every Sort of grain that Shall be Sowed thereon Shall be brought in and paid to my wife att the house I have Appointed her & after her Decease to pay unto my Daughter Margaret Emery fifteen pounds, & to my Daughter Anne Emery fifteen pounds, & to my Daughter Tirzah Emery fifteen pounds & to my Daughter Huldah Emery fifteen pound as they come to age, & if either of them Dye before they come to age the Surviveing Daughters or Daughter Shall have the Portion of the Deceased, also I give to him one third of my Land att the third Hill and my wife another third part thereof.

Item I give to my Son Caleb Emery a tract of Land in Berwick of forty Acres Near a Little River & a Meadow called Grants Meadow Bounded in one Corner by a great Rock & the aforeSaid Six pounds to be paid unto him after my wifes Decease when he is of full age by Noah Emery, And to Joshua Emery my Son I give all my Swamp & Upland Adjoyning att the head of Daniel & Simons Land & the aforesd Nine pounds to be paid by Noah after my wifes Decease when he is of full age And if Either of these two Dye before he comes to full age, the other Shall have and Injoy his Portion as his own, My four Daughters being before Mentioned their Portions

And I Do Hereby utterly Revoke Disallow & Disannul all and every other former Testaments Wills Legacies and Bequests & Executors by me in any wise before Named Willed & Bequeathed Ratifying and Confirming this and No other to be my Last Will & Testament.
In Wittness whereof I have hereunto Set my hand & Seal the Day & year above writtenSigned Sealed Pronounced & Declared by the Said Daniel Emery to be his last Will and Testament in the presence of us
             Nicolas Gowen
             Richard Chick
            John X Hearl
            his mark Daniel Emery (Seal)

Probated 8 Nov. 1722. Inventory returned 22 Jany 1722-3, at Ј748: 19: 8, by Samuel Shorey, Jonathan Nason and Timothy Waymouth, appraisers.

[Source: Maine Wills, 1640-1760 (Portland, Me., 1887), p. 232, citing Probate Office, 3, 93.]

71 JOB EMERY m. 6 Apr. 1696 Berwick, York, Maine. CHARITY NASON she made her will 26 Mar. 1748 and proved 6 Jan. 1752 amount of inventory 33 pounds and 12 schillings. d/o Jonathan and Sarah (Jenkins) Nason. He was chosen deacon, 1721; ruling elder, 1735; tithing man, 1715; petit jury man, 1716, 1720; grand jury man, 1717, 1730-1, 1735; jury man, 1724; selectman, 1719-20, 1726. Made his will 6 Mar. 1736/7 and proved 26 Dec. 1738. The amount of inventory 519 pounds and 10 schillings.

72 ELIZABETH EMERY m. 1676 [20 Apr. 1677] Kittery, York, Maine. SYLVANUS KNOCK/NOCK he made his will 7 Mar. 1716 and proved Feb. 1717 s/o Thomas and Rebecca (Tibbetts) Nock. She d. 6 Jun. 1704

73 SARAH EMERY m. JOHN THOMPSON; m 2) GILBERT WARREN She was probably b. Kittery, York, Maine.

The reason for giving JAMES a second daughter is found in the following sentence form a deed made 17 Mar. 1767:

"We JAMES EMERY, Daniel EMERY, Job EMERY, and Gilbert Warren of ye town of Kittery in ye county of York in ye province of Ye Massachusetts Bay in New England and Sylvanus Knock of ye town of Dover in ye province of New Hampshire in ye county aforesaid, give unto Zachariah EMERY, son of our brother Zachariah EMERY, a tract of land which was granted by the town of Kittery to our brother Noah EMERY and to our brother Zachariah EMERY."

This deed contains the names of the sons JAMES EMERY living at that date, for Zachariah EMERY died before 1692, as his widow in that year married again, and Noah EMERY is mentioned on the Kittery records as deceased in the year 1929. From the language used it is evident that Sylvanus Knock and Gilbert Warren sustained the same relations towards JAMES, Job, and Daniel and as Sylvanus Knock was a brother-in-law, so we concluded that Gilbert Warren was also a brother-in-law and his wife Sarah, 19 Feb. 1706/7 sold land in Kittery, and on 28 Dec. 1738, Sarah Warren, widow of Gilbert Warren, sold land in Kittery.

Robert and Rebecca (Emery) Weymouth 74 WILLIAM WEYMOUTH m. SARAH ___ d. c. 17 Feb. 1704/5; m 2) 1708 Salisbury, Ma. ELIZABETH MAXWELL.

Rebecca Emery 75 JOSEPH AMORY m. ELIZABETH WASHBURN d/o Phillip and Elizabeth (Irish) Washburn. He assumed his mothers maiden nam, spelling as listed above. He d. 31 Jan. 1711/2 Little Compton, Rhode Island.

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