Monday, April 11, 2016

Amanuensis Monday - Post 315: 1755 Will of Robert Kirby (1674-1757) 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 1755 will of Robert Kirby (1674-1757) of Dartmouth, Massachusetts:




The transcription of this will is:

[page 1]

In the Name of God Amen the twenty Sixth Day of march in the twenty
Eighth year of his majesties Reign Annoque Domini 1755 I Robert Kirby of Dartmouth
In the County of Bristol in the province of the massachusets bay bay in New england yeoman
Being in my Declining years & week in body but of a perfect mind & memory thanks be
given unto God; Therefore Calling unto mind the mortality of my body & Knowing that it
is appointed for all men once to dye do make & ordain this my Last will & Testament (that
is to say) Principally & first of all I give & Recommend my sole Into the hands of God that
gave it & my body I Recommend to the Earth to be buried in Decent Christian burial at the Discre-
tion of my Executrix herein after Named And as touching such worldly Estate wherewith
it hath pleased god to bless me in this Life I give Demise & Dispose of the same in the follow-
ing manner & form.

Imprimus I give & bequeath to my Loving wife Rebeckah Kirby the use &
Improvement of the best house where I Now live for & During the time she
Remains my widow.

Itim I give unto my sd Wife Rebeckah two of my best Cows & one Rideing beast
& also the Keep^ing^ of the sd two Cows & Riding beast both winter & Sumer on my homestead
farm yearly & Every year During the time She Remains my widow & no longer at Equal
Charge of my two Sons (viz) Silas Kirby & robert Kirby I also give unto my sd wife Rebeck-
ah two hundred weight of good beaf & one hundred weight of Good Pork & twenty bushels of
good Indian corn to be provided & Delivered unto her by my two Sons Namely Silas Kirby & Ro-
bert Kirby at Equal Charges It is to be understood So much of each sort yearly & Every year
During the time she Remains my widow & No longer I also give unto her my sd wife Rebeckah
Kirby the one half of all my houshold goods & a priviledge to Keep what souls she hath a
mind to Keep on my sd homestead farm I also give unto her my sd wife Rebeckah Kirby the
Sum of Eight pounds & ten shillings in Lawfull money of the province aforesaid I also give
unto her my sd wife fire wood sufficient for her use Cut to a suitable Length & brought to the
in manner following: four Cords thereof to be provided by my two sons (viz) Ichabod Kirby & Re-
compence Kirby at Equal Charges it is to be understood four Cords of wood yearly & Every
year During the time She Remains my widow & all the Rest of the wood that She Shall have
ocation of for her use to be provided & Delivered unto her by my two sons Namely Silas Kirby
& Robart Kirby at Equal Charges.

Itim I give & bequeath to my beloved Daughter Barshaba Kirby the Sum of Eight pounds
in Lawfull money of the province aforesd to be paid unto her by my Executrix one year after my
Deceas out of my Estate I also give unto her my sd Daughter one half of all my house hold
goods & a priviledge to Live in that house which I have given to her mother So long as She
Remains unmarried.

Itim I Give & bequeath unto my two beloved Sons Namely Ichabod Kirby & Recompence
Kirby & to my Granson Weston Kirby all my Land Laid out in the fork of the River above Nacachuck
Brigg to be Equally Divided between them & to be & Remain unto them my sd two Sons & Gran-
son their heirs & assigns for Ever.

Itim I give & bequeath unto my beloved Son Recompence Kirby all my right of Lands and
meadows in the horsneck to him his heirs & assigns ^for Ever^ I also give unto him my sd Son Recompence
Kirby all my wearing apparel be it of what Nature or Cinde forever.

Itim I give & bequeath unto my beloved Son Ichabod Kirby & to my Granson Weston Kirby
all my rights in the Salt meadow or Sedg flats lying in the River not adjoyning to the upland to be
Equally Divided between them & to be & Remain unto them their heirs & assigns for Ever.

Itim I give & bequeath unto my beloved Son Robert Kirby the Northerly part of my homestead
farm & it is Divided & Set of from the Southerly part as followeth to begin at the Notheast
Corner of sd homested & to goe In the Line at the East End of the sd homested Southerly on the
West Side of the highway Ninety three Rods to a Stake with Stones about It then to

[page 2]

begin at the Stone wall near to the Northwest Corner of my sd homestead from thence
South Ninety one Rods to a picked Rock with a wild Chearitree Standing in a Crak
of sd Rock & sd Rock is near to the place where my old Stable stood thence Easterly Straight to the a-
bove mentioned Stake with Stones about it And from the sd Rock the Line goes Westerly to the River
In the Same Range as It Comes from the sd Stake to the sd peeked Rock this Range is to be the Di-
viding Line of my sd homested farm all which notherly part as it is Divided to be Set of
from the Southerly part by the Range or Line aforementioned with the housing on the same I give
unto him my sd Son Robart Kirby & to his heirs & assigns forever he allowing unto & pro-
viding for his mother Rebeckah Kirby as is herein before Given & ordered for him to Do
And I also give unto him my sd Son Robart Kirby about one acre of Salt meadow which
Lyeth against Timothey Gifford's homestead at the foot thereof to him his heirs & assigns
for Ever.

Itim I give & bequeath unto my beloved Son Silas Kirby all the Remaining part of my home-
steed farm it being the Southerly part of half to him my sd Son & to his heirs & assigns for
Ever he acquitting my Estate & my heirs off that forty pounds which was given unto
him by his Ant Temperance pearce & allowing & providing for his mother Rebeckah
Kirby as I have herein before ordered him to Do.

Itim I give & bequeath unto my two Sons (viz) Silas Kirby & Robert Kirby all my farm-
ing Eutencels & all my Cedar Rales that shall be left on my sd homesteed farm at my
Decease to be Equally Divided between them my two Sons.

Itim I Give & bequeath unto my five granChildren (the Children of my Daughter
Patience Lawton Deceased) Namely Rebeckah Milk mary Davel peace Howland
Liddia Lawton & George Lawton the Sum of five pounds in Lawfull money of the province
aforesd to be paid unto them by my Executrix herein after Named one year after my
Deceas out of my Estate & to be Equally Divided to & amongst them my sd five Granchildren.

Itim I Give & bequeath unto my three Granchildeen (Children to my Son Nathan-
el Deceased) Namely Rebecah Kirby Lidda Kirby & mary Kirby the Sum of
two pounds In Lawfull mony of the province aforesd to be paid unto them by my Exe-
cutrix herein after Named one year after my Deceas out of my Estate and to be
Equally Divided to & amongst them my sd three Grandaughters.

Itim I give & bequeath unto my four Sons Namely Ichabod Kirby Recompence
Kirby Silas Kirby & Robart Kirby & to my Granson Weston Kirby all my Rights In the
Ceder Swamp to be Equally Divided between them my sd four Sons & Granson
& to be & Remain unto them their heirs & assigns for Ever.

Itim my Will is & I do Will & order that my Son Robart Kirby shall have a way through the
Land that I have herein given unto my Son Silas Kirby from his land along Round the End of the
Swamp in the old way until he comes to his own Land Sufficient to pass & Repass as he
Shall have ocation.

Itim my Will is & I do will & order that my Son Silas Kirby Shall have a way through the Land that
is herein given unto my Son Robart Kirby from his own Land Down to the Common Landing place at
orner of North Side of sd homesteed farm Sufficient to pass & Repass as he shall have ocation.

Itim I Give & bequeath unto my four beloved Sons Namely Ichabod Kirby Recompence
Kirby Silas Kirby & Robart Kirby four fifths part of all my money & Live Stock that shall be
left after my Just Debts Legacies & funeral Charges be paid & Discharged to be Equally
Divided to & amongst them my sd four Sons.

Itim I Give & bequeath unto my two beloved Gransons (Sons to my Son Nathanel Kirby
Deceased) Namely Weston Kirby & Justus Kirby one fifth part of all my money & Live-
stock that Shall be Left after my Just Debts Legacies & funeral Charges be paid and
Discharged to be Equally Divided between them my two sd Gransons.

[page 3]

Itim I do Nominate appoint Constitute make & ordain my Well beloved Wife
Rebeckah Kirby my sole Executrix of this my Last will & Testamant & I do order my
two Sons (Viz) Ichabod Kirby & Recompence Kirby to be helpful Aiding & assisting to
their Mother in her Executership And I do hereby utterly Disallow Revoke & Disannul
all & Every other former Testaments wills Legacies bequests & Executors by me 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 first before written.

Signed Sealed published pronounced
And Declared by the sd Robart Kirby his
ass his Last will and Testament In the Robart + Kirby {seal}
Presents of us the Subscribers

Peter Allene
Nathanel X Tallman
Restcome Sanford

Beristoll March the 10th 1757
Then before the Hon'le George Leonard Esq Judge of the
Probate of wills &c for county of Bristol Came Peter Allen
and Nathaniel Talman two of the witnesses to the before
writting Instrument purporting the Last will and Testament
of Robert Kirby Late of Dartmouth Dec'd and Made Oath
that they were present and Saw the sd Deceased Sign Seal & heard
him publish and declare sd Instrument as his Last will &
Testament and that he was of a sound disposing mind
and memory when he ????? and that they together with
Restcome Sanford Signed as wittnesses at the Same time
and all in the presence of the Testator.
Coram George Leonard
Bristol May the 6th 1757
Entred in the 15th B. Folio 349 351
Geo Leonard J???ey

The source citation for this 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 Robert Kirby, Dartmouth, 1757 Estate packet, accessed on FHL Microfilm 0,573,223 (Kingsley - Kirby, accessed 2 February 2016).

This will of Robert Kirby (1674-1757) names his wife, Rebecca (Potter) Kirby, his six children (two were deceased), and ten grandchildren by name.  He directs that  foodstuffs, livestock and wood be provided for his wife by his four living sons, and distributes his personal and real estate to his four living sons.  He splits his homestead in Dartmouth between two of his sons.  He named his wife as his Executrix.

Robert Kirby wrote his will on 26 March 1755, and it was proved in Bristol County Probate Court on 10 March 1757.  No death date for Robert Kirby is known, but it was certainly before 10 March 1757.

Rebecca Kirby refused the executorship of her husband's estate, and the court appointed their son Ichabod Kirby to be the administrator.  An extensive inventory of the personal and real estate of Robert Kirby was included in the estate file, as were the Letter of Administration.  Rebecca (Potter) Kirby died in 1773 and also left a will and estate file.

Robert and Rebecca (Potter) Kirby were my 7th great-grandparents.  I am descended through their son, Ichabod Kirby (1705-1793).

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Copyright (c) 2016, Randall J. Seaver

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