Tuesday, April 26, 2016

Treasure Chest Tuesday - 1852 Will of Ichabod Kirby (1782-1857) of Westport, Mass.

Yes, I know it's supposed to be Treasure Chest Thursday, but I can't help it - I want to share some of the goodies that Susanne shared with me - see A Kirby Family Genealogical Windfall From Susanne (17 March 2016).

Today's treasure is the 1852 will of Ichabod Kirby (1782-1857) of Westport, Massachusetts, found in Susanne's file of family papers:

The transcription of this will is:

[page 1]

The last will and Testament of Ichabod Kirby
of Westport in the County of Bristol and State
of Massachusetts yeoman.

Firstly, I give and bequeath to Humphrey W. Snell
all that part of my homestead farm that lies
east of the road that leads north from James
H. Handy's to the head of the river, and between
the Town Farm and the Justus Kirby land, my
salt Marsh on the neck (so called). My lot of land
that lies on the east side of the road that leads north
from the Town house to George H. Gifford's corner with
all the priviledges and appurtenances thereto belonging
to him and to his heirs and assigns forever.
I also give him one ox waggon, ox sled, and all the
residue of my farming tools and implements for
farmers use (except my other waggons and sleds.)
and three fifths of all my live stock, he paying
to my residuary legatees Two hundred Dollars.

Second, I give to Phebe Eldridge and Almira Brown,
Daughters of Aaron Cutler Seventy five dollars each.

Third, I give to Hubbard Arnold son of my niece
Meribah Adams Seventy five dollars.

Fourth I give to Reliance H. White daughter of my
Nephew David White Twenty five Dollars.

Fifth, I give to Isaac Snell all the rights and
priviledges conveyed to him by a certain bond

[page 2]

dated August 11, 1852 and I hereby direct my
Executor to fulfill said bond according to the
true intent and meaning thereof.

Sixth I give to my Nephews and Nieces the Children
of my Sister Sibil White deceased, namely
to Benjamin, David, Humphrey, Rhoda,
Elizabeth, Jonathan and William all the rest
and residue of my estate both real and personal
equally between them, or their heirs and assigns
forever, They paying all my just debts, funeral
expenses, Costs of settling my estate and legacies
herein given.

Seventh, I hereby order and appoint Humphrey W. Snell
sole Executor of this my last Will and Testament.
In witness whereof I have hereunto set my hand
and seal this ninth day of ninth month (September)
in the year of our Lord, one thousand eight
hundred and fifty two.

Signed, sealed and declared                 Ichabod Kirby  {seal}
by the Testator to be his last Will
and Testament in presence of us,
who have hereunto set our hands
as Witnesses
    John Macomber
    Leonard Macomber
    Mary S. Macomber.

The source citation for this will is:

Ichabod Kirby Family Papers (loose papers on scrapbook page, created after 1801 by unknown persons), digital images of loose papers privately held by Susanne Nisbet, [address for private use], Wake Forest, N.C., 2016 (7th great-grandchild of Ichabod Kirby); Will of Ichabod Kirby of Westport, Mass, written 9 September 1852; Provenance is David Kirby family of Westport, Mass. ca 1801 to Susanne Nisbet 2016, provided to Randy Seaver March 2016 via email.

Apparently, Ichabod Kirby, the son of David Kirby (1740-1832) and Martha (Soule) Kirby (1743-1828) died without children.  He married Hannah Allen (1787-1851) in 1832 in Westport, but they had no living children in 1852 when he wrote his will.  Hence his heirs-at-law are the children of his sister, Sibel (Kirby) White (1764-1848), she being his only sibling.  The named heirs are:

*  Humphrey W. Snell, son of Isaac and Martha (White) Snell, daughter of Sibel White
*  Phebe Eldridge and Almira Brown, daughters of Aaron Cutler (who married Nancy White, daughter of Sibel White)
*  Hubbard Arnold, son of Meribah (White) (Hutchinson) (Arnold?) Adams (daughter of Sibel White)
*  Reliance H. White, daughter of David White (son of Sibel White)
*  Isaac Snell, wife of Martha (White) Snell (daughter of Sibel White)
*  Benjamin White (son of Sibel White)
*  David White (son of Sibel White)
*  Humphrey White (son of Sibel White)
*  Rhoda White (daughter of Sibel White)
*  Elizabeth White (daughter of Sibel White)
*  Jonathan White (son of Sibel White)
*  William White (son of Sibel White)

Ichabod Kirby provided legacies for all ten of the children of Humphrey and Sibel (Kirby) White, or their children.  Nancy (White) Cutler and Martha (White) Snell were deceased in 1852 when Ichabod Kirby wrote this will.  So was Jonathan White, but Ichabod may not have known that since Jonathan White resided in Killingly, Connecticut when he died in 1850.  

This will was included in the Kirby papers found by Susanne and provided to me in March 2016.  I need to look at the Bristol County Probate Court records to see if it was included in those records and if there are other probate records (a letter testamentary, an inventory, an account, receipts, etc.) that might provide more information about the heirs.

Ichabod Kirby (1782-1857) is not my ancestor.  My ancestor is his sister, Sibel (Kirby) White (1764-1848), through her son Jonathan White (1805-1850).  Sibel (Kirby) White is my 4th great-grandmother, so Ichabod Kirby (1782-1857) is my 4th great-granduncle.  

Notice that this will is for a widowed man without children - his heirs-at-law are his siblings and their descendants.  Probate records for unmarried men and women are often a gold mine of information for family members.


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Copyright (c) 2016, Randall J. Seaver

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