J Gillian Roehrl <firstname.lastname@example.org
"Early Connecticut Probate Records (Hartford District) 1635-1750" by Manwaring.
Volume III, 1663 To 1677
Kirby, John, Middletown. Invt. 552-05-10. Taken 27 April, 1677, by Nathaniel Bacon, William Cheeny.
The children: Joseph, age 21 years; Mary, the wife of Emanuel Buck, age 32 years; Elizabeth kirby, Decd, age 23 years; Hannah, wife of Thomas andrews, age 27 years; hester, wife of Benajah stone, 25 years; Sarah, wife of Samuel Hubbard, age 23 years; Bethia kirby, age 18 years; Susannah, 13 years; Abigail kirby, age 11 years, & John Kirby Jr., deceased. Will Dated the 6th day of April, Anno Dom. 1677.
First of all, to the intent that my loving wife may not be destitute of a Comfortable Subsistence, while She Shall love, I do give and bequeath unto her the possession and use of all my estate (whither houseing, land or other estate) at present in my possession, during her naturall life, excepting only what shall afterward be particularly mentioned. i do also give her liberty, if she see herselfe necessitated so to do, to Sell any such part of my estate as aforesaid for her necessary supply. I give to my son Joseph & to my daughter Mary, Each of them a portion double to the portion of any of the rest of my Children; and to the rest of my Children, all which are daughters, I do give to each of them a portion equal to one another. Item. for that parcell of my land wch lyes near to Daniel Harris his farme on the west of Connecticott river, & contains about 300 acres, & anothe parcell of my land to about 200 acres, Lying about pipe Stave Swamp, on the west side also of Connecticott River, my will is that to which soever of my children or childrens children these parcells of land or any part thereof Shall fall, they shall not at any time be Sold out of the blood; but in Case any of my children or their children see cause to Sell any part, it shall be only from one to another of them, that so these two parcells of land may pertain to some of my children or their childrens children to the end of the world. When the full and final distribution shall be made, then all my estate so distributed (whether formerly received or then to be received by my children or childrens children) shall be prised again at the then present value thereof. I appoint Capt. john allyn of Hartford and Deacon Allyn of Middletown & my Son-in-law Emanuel Bucke of Wethersfield Executors.
Witness: John Wiatt, JOHN KIRBY.
Court Record, Page 164-6 September, 1677: Will proven.
Page 63 (Volume VII) - March, 1704-5:
Whereas, John Kirby, formerly of Middletown, Decd, did by his last Will appoint Col. John Allyn, Deacon Allyn of Middletown, and Emanuel Buck of Wethersfield his Executors, two of which, vizt, Col. Allyn and Deacon Allyn, are Decd, and the other, vizt, Emanuel Buck, not capable of acting by reason of his age and infirmaties, and the sayd john Kirby did likewise order in his sayd Will that a new apprizall should be made of his Lands after the decease of his wife, Joseph kerby, sonn of the sd. John Kirby, Decd, prays that Adms. may be granted to him in order to the fulfilling the sd. Will of his Father, Adms. with the Will annexed was granted to Joseph Kirby with an order to exhibit in Court an invt. of the Land of his sd. Father by the 20th of April next.
Court Record, Page 69 - 5 September, 1705:
Joseph Kirby not having attended the order of this Court as was intended, The parties concerned in sd. Estate, vizt, the Legataries in sd. Will, made application to this Court praying that Alexander Rollo of Middletown may now be appointer, together with sd. Joseph Kirby, to make or cause to be made a new apprisal of the sd. Lands, This Court, considering the difficult circumstances of the sd. work, Do Therefore Order and appoint Thomas Ward, Thomas Stow and John bacon of Middletown to apprize the sd. lands presented to them by the sd. Joseph Kirby and Alexander Rollo, according to the direction of sd. Will.
Page 72 - 7 November, 1705:
Lt. Thomas Ward, Thomas Stow and John Bacon, being sworn, did make apprizement of sd. Lands, and under their hands in writing did present to this Court their apprizement thereof, wch this Court accepts. It also appearing to this Court that Mary, one of the daughters of the sd. John Kirby, Decd, hath had
of the Estate of her sd Father, 30-15-00
And that Elizabeth, another daughter, hath had 24-10-00
And Hannah hath had 17-06-00
And Sarah hath had 47-19-06
And Easter hath had 59-10-00
And Bethia hath had 81-00-00
And Susanna hath had 2-10-00
And Abigail hath had 2-05-00
And Joseph hath had 51-18-00
as they and every one of them (except Elizabeth and Bethia, who are deceased) have acknowledged in writing upon Oath, presented now in this Court, which is on file, This Court do therefore, upon consideration of all the premises, Order and direct Emanuel Buck, alias Enock Buck, the only surviving Executor, to sett out to the several heirs or Legatees of the sd. John Kirby, deceased, or their legal representatives, their several respective remaining parts or portions of their Decd Father John Kirby's Estate, according to his Will. Joseph Kirby prays an appeal may be granted him to the Court of assistants. To this Alexander Rollo and David Robinson objected against the takeing of his own bond.
Court Record, Page 73 - 21 November, 1705:
Alexander Rollo of Middletown presented to this Court a Letter of Attorney made by Emanuel Buck, alias Enock Buck, of Wethersfield, Executor of the Last Will of John Kirby, formerly of Middletown, Decd, to David Robinson and him sd. Rollo, to impower them as his attorney to make full division and distribution of the said John Kirgby's Estate to and amongst his Children according to the sd. Last Will of the sd. Kirby, and in pursuance to an Order of this Court made the 7th of this Instant November, 1705, and also the division and distribution of the said Estate made by them in pursuance and by Vertue of the said power of attorney, with the said Emanuel, alias Enock Buck, his allowance and confirmation thereof, which this Court do accept and allow and do order the same to be recorded and putt upon file. (Not indexed.)
Page 96 - 16 September, 1707:
Joseph Kirby and Alexander Rollo presented to this Court a new apprizement or Invt. of the real Estate of their Father John Kirby, formerly of Middletown, Decd (pursuant to the order and determination of the Court of Assistants held at Hartford the 1st day of May last past), made by a jury of twelve men upon Oath, in Order to have the direction of this Court for another or new Division or Distribution made of the said Estate, And now this Court have again heard all the pleas and allegations of the sd. Joseph Kirby of the one part, and of the said Allexander Rollo and David Robinson (who married two of the daughters of the sd. deceased) on behalf of themselves and the rest of the daughters of the said deceased or their heirs, of the other part, relateing to their claims upon sd. Estate, And upon Consideration thereof Do Find That the sd. Joseph Kirby hath formerly had and received of the said Estate (to be accounted for as part of his portion thereof):
In Moveables 7-03-00
off the effects of half the Long meadow Lott sold, 13-10-00
Dwelling house and 4 acres of Land, with 2 acres joyning to it, 55-00-00
Barn & 2 1/2 acres of Land, part of his Fathers Homestead, 50-00-00
And 350 acres of Land, the East end of the Long lott,
Ten acres of upland, 5: and 5 acres Meadow, Wongunck up lott, 30-00-00
in All 182-03-00
and is allowed as Adms. 12-15-00
That Mary had received 52-15-00
That the part of the Estate now Invt. by the Jury, 860-14-04
Estate now Indebted to Mary Buck and David Buck her son, 14-16-00
The Jury 7-04-00, to Rollo 13-13-09, 35-12-09
To Land sold, etc., 37-00-00
Total for Dist. 875-16-04
Out of this already paid to the children. 561-00-10
There remains undivided the summ of 314-06-06
The Court now Order the Adms. to pay the debts and report to the Court as speedily as may be, when a final Order for Dist. would be made.
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