Monday, April 18, 2016

Amanuensis Monday - Post 316: 1763 Will of Rebekah Kerby (1681-1773) of Dartmouth, Mass.

Genea-blogger John Newmark (who writes the excellent  TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday."  John offers this definition for "amanuensis:" 

"A person employed to write what another dictates or to copy what has been written by another."

The subject today is the 1763 will of Rebekah Kerby (1681-1773) of Dartmouth, Massachusetts:

The transcription of this will and proving statement is:

This first day of July Anno Domini one thousand seven
hundred and Sixty three I Rebekah Kerby of Dartmouth in
the County of Bristol & province of the massachusetts Bay & a
Widow and Relict of Robert Kerby late of Dartmouth deceased being
weak in body but of a sound Disposing mind & memory and
calling to mind the mortality of my body and Knowing that it is
appointed for all men & women to die do make & ordain
this my last will and testament that is to say principally
and first of all I commit my body to the earth to be decently bu-
ried ??? the expense & discretion of my executor herein after named.
And as touching my worldly Estate with which it has pleased
God to bless me in this life I do give demise & dispose of it
in the folling manner and form viz.

Imprimis My will is that all my lawful & just debts and fune-
ral charges be first paid & discharged by my Executor (herein
after named) out of my Estate.

Item I give and bequeath to my daughter Barsheba Kerby all
and singular my whole Estate of what kind soever it be to be hers
her heirs & assigns forever excepting what is above reserv'd for the
paying my just debts & defraying my funeral charges.

Item And whereas I have Other children and grandchildren besides
the above named Barsheba Kerby yet the reason why I have not
given Each of them something in this my last will is first be-
cause all of my said children & grandchildren have had bequests
made them by my husband Robert Kerby late of Dartmouth
deceased and secondly because my afforesaid daughter Barsheba
being of a Weakly constitution will stand in greater need of what
little I shall leave for her support during her life.

Lastly I constitute ordain and appoint my well beloved son Ichabod
Kerby sole executor of this my last will and testament and I
do hereby utterly disallow, revoke and disanull, all and every
other former testaments, wills, legacies, and bequests by me in any wise
before named, willed and bequeathed, ratifying and confirming this &
no other to be my last will & testament in witness whereof I have
hereunto set my hand and seal the day & year first above written.

Signed, Sealed, published & pronounced }               her
and declared by the said Rebekah Kerby } Rebekah X Kerby
to be her last will & testament in the       }               mark
presence of us the subscribers                 }
Adam Gifford
Jeremiah Gifford
Daniel Hathway

Bristoll December 21'st 1773
Then before the Hon'bl George Leonard Judge of
probate of wills &c for the County of Bristol
Came Adam gifford and Jeremiah Gifford two of
the witnesses to the before written Instrument and
made Oath that they were present & saw
Rebeccah Kirby the subject ????? ????? did
signe seal & heard her Publish & Declare sd
Instrument as her Last will and Testament and
that she was of a sound and disposing mind &
memory when she ????? and they with Daniel
Hathaway signed & wittnessed with them at the
same time and all in the presence of the Testator.
George Leonard
Ent'd in 23'rd 73 F 116
Geo. Leonard JR

The source citation for this probate record is:

Bristol County [Mass.] Register of Probate, Bristol County (Mass.) Probate Records, 1690-1881, on 351 FHL US/CAN Microfilm rolls; original records at Probate Registry, Taunton, Mass., will of Rebekah Kirby, Dartmouth, 1773 Estate packet, accessed on FHL Microfilm 0,573,223 (Kingsley - Kirby, accessed 2 February 2016).

This will, and the will of Robert Kerby (1674-1757) published last week, may be the only records for Barsheba Kerby, the only heir named in this will.  Rebekah Kerby notes that Barsheba has a weaker constitution.  

Rebakah Kerby's will was proved on 21 December 1773 in Bristol County, Massachusetts Probate Court. [An aside: George Leonard had terrible handwriting!]

Robert and Rebekah (Potter) Kerby are my 7th great-grandparents, and I am descended through their son Ichabod Kirby (1705-1793) and his wife, Rachel Allen (1708-1801).


Copyright (c) 2016, Randall J. Seaver

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