Robert Kirby (1674-1757) is #712 on my Ahnentafel Checklist, my seventh great-grandfather, who married #713 Rebecca Potter (1681-1773) in about 1700, in Dartmouth, Massachusetts.
1) PERSON (with supply citations as indicated in brackets):
“… all the remaining and residue of the cash contained in stated bond, be it kind of, I give and bequeath unto my stated son Robert Kirbey whom I make my complete and sole executor of this my final will and testomony.”
Robert needed to pay the opposite legacies left within the will bequeathed to his youngsters and grandchildren.
Within the Identify of God Amen the twenty Sixth Day of march within the twenty Eighth yr of his majesties Reign Annoque Domini 1755 I Robert Kirby of Dartmouth Within the County of Bristol within the province of the massachusets bay in New england yeoman Being in my Declining years & week in physique however of an ideal thoughts & reminiscence thanks be given unto God; Due to this fact Calling unto thoughts the mortality of my physique & Realizing that itis appointed for all males as soon as to dye do make & ordain this my Final will & Testomony (that’s to say) Principally & initially I give & Suggest my sole Into the arms of God that gave it & my physique I Suggest to the Earth to be buried in Respectable Christian burial on the Discretion of my Executrix herein after Named And as touching such worldly Property wherewith it hath happy god to bless me on this Life I give Demise & Get rid of the identical within the following method & type.Imprimus I give & bequeath to my Loving spouse Rebeckah Kirby the use & Enchancment of the most effective home the place I Now dwell for & Through the time she Stays my widow.Itim I give unto my sd Spouse Rebeckah two of my greatest Cows & one Rideing beast & additionally the Preserve^ing^ of the sd two Cows & Driving beast each winter & Sumer on my homestead farm yearly & Yearly Through the time She Stays my widow & now not at Equal Cost of my two Sons (viz) Silas Kirby & robert Kirby I additionally give unto my sd spouse Rebeckah 200 weight of excellent beaf & 100 weight of Good Pork & twenty bushels of excellent Indian corn to be offered & Delivered unto her by my two Sons Specifically Silas Kirby & Robert Kirby at Equal Expenses It’s to be understood A lot of every kind yearly & Yearly Through the time she Stays my widow & Not I additionally give unto her my sd spouse Rebeckah Kirby the one half of all my houshold items & a priviledge to Preserve what souls she hath a thoughts to Carry on my sd homestead farm I additionally give unto her my sd spouse Rebeckah Kirby the Sum of Eight kilos & ten shillings in Lawfull cash of the province aforesaid I additionally give unto her my sd spouse hearth wooden ample for her use Lower to an appropriate Size & delivered to the in method following: 4 Cords thereof to be offered by my two sons (viz) Ichabod Kirby & Recompence Kirby at Equal Expenses it’s to be understood 4 Cords of wooden yearly & Yearly Through the time She Stays my widow & all of the Remainder of the wooden that She Shall have ocation of for her use to be offered & Delivered unto her by my two sons Specifically Silas Kirby& Robart Kirby at Equal Expenses.Itim I give & bequeath to my beloved Daughter Barshaba Kirby the Sum of Eight kilos in Lawfull cash of the province aforesd to be paid unto her by my Executrix one yr after my Deceas out of my Property I additionally give unto her my sd Daughter one half of all my home maintain items & a priviledge to Stay in that home which I’ve given to her mom As long as She Stays single.Itim I Give & bequeath unto my two beloved Sons Specifically Ichabod Kirby & Recompence Kirby & to my Granson Weston Kirby all my Land Specified by the fork of the River above Nacachuck Brigg to be Equally Divided between them & to be & Stay unto them my sd two Sons & Granson their heirs & assigns for Ever.Itim I give & bequeath unto my beloved Son Recompence Kirby all my proper of Lands and meadows within the horsneck to him his heirs & assigns ^for Ever^ I additionally give unto him my sd Son Recompence Kirby all my carrying attire be it of what Nature or Cinde endlessly.Itim I give & bequeath unto my beloved Son Ichabod Kirby & to my Granson Weston Kirby all my rights within the Salt meadow or Sedg flats mendacity within the River not adjoyning to the upland to be Equally Divided between them & to be & Stay unto them their heirs & assigns for Ever.Itim I give & bequeath unto my beloved Son Robert Kirby the Northerly a part of my homestead farm & it’s Divided & Set of from the Southerly half as followeth to start on the Notheast Nook of sd homested & to goe Within the Line on the East Finish of the sd homested Southerly on the West Facet of the freeway Ninety three Rods to a Stake with Stones about It then to start on the Stone wall close to to the Northwest Nook of my sd homestead from thence South Ninety one Rods to a picked Rock with a wild Cheari tree Standing in a Crak of sd Rock & sd Rock is close to to the place the place my outdated Secure stood thence Easterly Straight to the above talked about Stake with Stones about it And from the sd Rock the Line goes Westerly to the River Within the Identical Vary as It Comes from the sd Stake to the sd peeked Rock this Vary is to be the Dividing Line of my sd homested farm all which notherly half as it’s Divided to be Set of from the Southerly half by the Vary or Line aforementioned with the housing on the identical I give unto him my sd Son Robart Kirby & to his heirs & assigns endlessly he permitting unto & offering for his mom Rebeckah Kirby as is herein earlier than Given & ordered for him to Do And I additionally give unto him my sd Son Robart Kirby about one acre of Salt meadow which Lyeth towards Timothey Gifford’s homestead on the foot thereof to him his heirs & assigns for Ever.Itim I give & bequeath unto my beloved Son Silas Kirby all of the Remaining a part of my home-steed farm it being the Southerly a part of half to him my sd Son & to his heirs & assigns for Ever he acquitting my Property & my heirs off that forty kilos which was given unto him by his Ant Temperance pearce & permitting & offering for his mom Rebeckah Kirby as I’ve herein earlier than ordered him to Do.Itim I give & bequeath unto my two Sons (viz) Silas Kirby & Robert Kirby all my farming 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 5 granChildren (the Kids of my Daughter Endurance Lawton Deceased) Specifically Rebeckah Milk mary Davel peace Howland Liddia Lawton & George Lawton the Sum of 5 kilos in Lawfull cash of the province aforesd to be paid unto them by my Executrix herein after Named one yr after my Deceas out of my Property & to be Equally Divided to & amongst them my sd 5 Granchildren.Itim I Give & bequeath unto my three Granchildeen (Kids to my Son Nathanel Deceased) Specifically Rebecah Kirby Lidda Kirby & mary Kirby the Sum of two kilos In Lawfull mony of the province aforesd to be paid unto them by my Executrix herein after Named one yr after my Deceas out of my Property and to be Equally Divided to & amongst them my sd three Grandaughters.Itim I give & bequeath unto my 4 Sons Specifically Ichabod Kirby Recompence Kirby Silas Kirby & Robart Kirby & to my Granson Weston Kirby all my Rights Within the Ceder Swamp to be Equally Divided between them my sd 4 Sons & Granson & to be & Stay unto them their heirs & assigns for Ever.Itim my Will is & I do Will & order that my Son Robart Kirby shall have a approach via the Land that I’ve herein given unto my Son Silas Kirby from his land alongside Around the Finish of the Swamp within the outdated approach till he involves his personal Land Ample to go & Repass as he Shall have ocation.Itim my Will is & I do will & order that my Son Silas Kirby Shall have a approach via the Land that’s herein given unto my Son Robart Kirby from his personal Land Right down to the Frequent Touchdown place at or ner of North Facet of sd homesteed farm Ample to go & Repass as he shall have ocation.Itim I Give & bequeath unto my 4 beloved Sons Specifically Ichabod Kirby Recompence Kirby Silas Kirby & Robart Kirby 4 fifths a part of all my cash & Stay Inventory that shall be left after my Simply Money owed Legacies & funeral Expenses be paid & Discharged to be Equally Divided to & amongst them my sd 4 Sons.Itim I Give & bequeath unto my two beloved Gransons (Sons to my Son Nathanel Kirby Deceased) Specifically Weston Kirby & Justus Kirby one fifth a part of all my cash & Stay-stock that Shall be Left after my Simply Money owed Legacies & funeral Expenses be paid and Discharged to be Equally Divided between them my two sd Gransons.Itim I do Nominate appoint Represent make & ordain my Properly beloved Spouse Rebeckah Kirby my sole Executrix of this my Final will & Testamant & I do order my two Sons (Viz) Ichabod Kirby & Recompence Kirby to be useful Aiding & helping to their Mom in her Executership And I do hereby completely Disallow Revoke & Disannul all & Each different former Testaments wills Legacies bequests & Executors by me in any methods earlier than Named Willed & bequeathed Ratifying & Confirming this & no different to be my Final Will & Testomony. In Witness Whereof I’ve hereunto Set my hand & Seal the Day & yr first earlier than written.Signed Sealed printed pronouncedAnd Declared by the sd Robart Kirby hisass his Final will and Testomony Within the Robart + KirbyPresents of us the SubscribersPeter AlleneNathanel X Tallman RestcomeSanford Beristoll
March the tenth 1757 Then earlier than the Hon’le George Leonard Esq Choose of the Probate of wills &c for county of Bristol Got here Peter Allen and Nathaniel Talman two of the witnesses to the earlier than writting Instrument purporting the Final will and Testomony of Robert Kirby Late of Dartmouth Dec’d and Made Oath that they had been current and Noticed the sd Deceased Signal Seal & heard him publish and declare sd Instrument as his Final will &Testomony and that he was of a sound disposing thoughts and reminiscence when he ????? and that they along with Restcome Sanford Signed as wittnesses on the Identical time and all within the presence of the Testator. Coram George LeonardBristol Might the sixth 1757Entred within the fifteenth B. Folio 349 351 Geo Leonard J???ey
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