"A person employed to write what another dictates or to copy what has been written by another."
The subject today is the 1822 will of David Kirby (1740-1832) of Westport, Bristol County, Massachusetts.
The transcription of the will is (transcribed line-by-line):
[page 2]
The last Will and Testament of David Kirby of
Westport in the County of Bristol and Commonwealth
of Massachusetts, Yeoman.
Imprimis - my will is that all my just debts, funeral
Imprimis - my will is that all my just debts, funeral
charges, and expence of settling my estate be paid by
my executor herein after named out of what I shall
herein give him.
2'nd. I give to my beloved wife Martha Kirby all my
2'nd. I give to my beloved wife Martha Kirby all my
household goods of every sort and kind except what I shall
herein otherwise dispose of together with my side saddle.
I also give her my said Wife, all the Estate that come to
us, out of the Estate of her Honored Father Benjamin Sowle,
that we are possessed of, or that we may be possessed of at
my decease, be it in money, securities for money, or of what
sort or kinds of goods or property it may consist of, all
the aforesaid a free gift at her own disposal, forever.
I also give to my said Wife so long as she remains my
widow the use and improvement of one half of my new
dwelling House, with a priviledge in the Cellar, to the well,
and around the House as she may need. I also give her
to be provided by my Executor herein after named, and delivered
to her daily, and every day, during the term aforesaid, the Milk
of one good cow; and yearly, and every year, one hundred
pounds of good pork, eighty pounds of good beef, two geese, nine
bushels of good Indian Corn, two bushels of rye or barley, ten
pounds of good sheeps wool, eight pounds of good flax from the
swingle, forty pounds of good cheese, eight pounds of good
butter, four gallons of Molasses, eight bushels winter apples
and summer apples and summer & winter sauce as
much as she may need for her own use.
[page 2]
And as much fire wood as she may need for one fire
at the door, and cut a suitable length for her fire, and two
hens to be kept for her so long as she may need.
All the aforesaid gifts to my said wife to be in lieu
of her right of dower in my estate, if she is pleased to accept
and not otherwise.
3'rd. I give to my Daughter Sibbel White, Two hundred silver
3'rd. I give to my Daughter Sibbel White, Two hundred silver
dollars to be paid her in one year after my decease, by my
executor herein after named, which with what she has already
had of me, is to be her share of my estate.
4'th. I give to my son Ichabod Kirby and to his heirs and assigns
4'th. I give to my son Ichabod Kirby and to his heirs and assigns
forever, my clock, and desk, one large silver spoon, two
feather beds, bedsteads and Cords, with a sufficiency of furniture
for the same both for winter and summer, my Loom
and tackling belonging to it, my largest brass Kettle, trammels
and handirons, one large iron kettle, & one six Qt. Kettle, my
cupboards, and one Meat Tub & one Meat barrel, a chest with
one draw, and a small chest, one case Knives & forks, and
half a doz. chairs, together with my Homestead Farm, and
all the rest and residue of my estate both Real and personal
wherever and whenever it may be found, not herein otherwise
disposed of, he doing and performing what I have herein
ordered for him to do and perform.[page 3]
Finally and lastly, I do hereby constitute and appoint
my son Ichabod Kirby sole executor of this my last Will
and Testament, desiring him faithfully to Execute the same
agreeable to true intent and meaning thereof.
In witness whereof I have hereunto set my hand and
In witness whereof I have hereunto set my hand and
Seal this twenty second day of March, in the year of our
Lord one thousand eight hundred and twenty two 1822.
Signed sealed and declared
Signed sealed and declared
by the said David Kirby to be
his last will & Testament at whose
request & in whose presence & in David Kerby
presence of each other, we hereto
request & in whose presence & in David Kerby
presence of each other, we hereto
set our names as witnesses
Isaac W. Brownell
William Case
N.C. Brownell
Isaac W. Brownell
William Case
N.C. Brownell
The source citation for this will 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., David Kirby, Westport, 1832 Estate packet, accessed on FHL Microfilm 0,573,223 (Kingsley - Kirby, accessed 2 February 2016).
I learned several things from transcribing this will, including:
* The will names his wife's father as Benjamin Sowle and that Benjamin left some of his estate to his daughter, Martha (Sowle) Kirby.
* David Kirby provided a fine list of items, in his will dated 1822, that his wife would be provided after his death by his executor. The list is very similar to what David Kirby had to provide to his mother, as seen in the will of Ichabod Kirby (1705-1793). Alas, Martha Kirby died before David Kirby in 1828.
* David Kirby left 200 silver dollars to his daughter Sibbel (Kirby) White (widow of Humphrey White), who is my link to the Kirby line.
* David Kirby had only two living children when he wrote his will in 1822 - and they are his only known children - which was fairly unusual for those times. Sybil was born in 1764 and Ichabod in 1782 - there are 18 years between them. Their births, and no others, were listed in the Dartmouth (MA) Vital Records. Perhaps there were a series of stillborns or miscarriages in the intervening years that were not recorded.
* David Kirby provided a fine list of items, in his will dated 1822, that his wife would be provided after his death by his executor. The list is very similar to what David Kirby had to provide to his mother, as seen in the will of Ichabod Kirby (1705-1793). Alas, Martha Kirby died before David Kirby in 1828.
* David Kirby left 200 silver dollars to his daughter Sibbel (Kirby) White (widow of Humphrey White), who is my link to the Kirby line.
* David Kirby had only two living children when he wrote his will in 1822 - and they are his only known children - which was fairly unusual for those times. Sybil was born in 1764 and Ichabod in 1782 - there are 18 years between them. Their births, and no others, were listed in the Dartmouth (MA) Vital Records. Perhaps there were a series of stillborns or miscarriages in the intervening years that were not recorded.
The will of David Kirby was proved in Bristol County, Massachusetts Probate Court on 1 May 1832.
David Kirby is my 5th great-grandfather. I am descended from his daughter, Sibbel (Kirby) White (1764-1848).
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Copyright (c) 2016, Randall J. Seaver
Copyright (c) 2016, Randall J. Seaver
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