The will of William Kirkby (bef.1758-1829). The will left his estate in nine equal parts, composed of seven parts to his seven surviving children (William, Thomas, George, Richard, John, Robert, and Nanny Singleton), one part to his two Grandchildren, Isabella Parkinson and William Parkinson, the children of his late daughter Betty Parkinson, and one part to his grandson William, the son of his late son James.
The will was obtained from the Lancashire Archives (https://www.lancashire.gov.uk/libraries-and-archives/archives-and-record-office/) and transcribed by Jane Fraser.
Will of William Kirkby
I William Kirkby of Cockerham in the County of Lancashire Yeoman do make publish and declare this to be my last Will and Testament in manner following that is to say
I order and direct all my just debts funeral and Testamentary Expenses to be paid and discharged with all convenient speed after my decease.
I give and devise unto William Lamb of Ellel in the said County Gentleman my son William Kirkby and Joseph Parkinson of Cockerham foresaid Husbandman and to their Heirs and assigns for ever all that my Estate called Colliway with all the Lands and Grounds thereto belonging situate within Overton in the said County and also all that my Estate called Marsh Lane situate within Cockerham in the said County with all the Lands Grounds and premises thereto also belonging and all my other real Estate whatsoever and wheresoever Upon the Trusts and for the purposes hereinafter mentioned I also give and bequeath unto the said William Lamb William Kirkby and Joseph Parkinson their Executors Administrators and Assigns All my money securities for Money Goods Chattels and other my personal Estate and Effects whatsoever Upon the Trusts and for the purposes hereinafter mentioned that is to say Upon rust as to my said personal Estate that they my said Trustees or the Survivors or Survivor of them his Executors or Administrators shall and do so soon after my decease as conveniently may be sell and dispose of such parts thereof as they shall think proper and capable of being sold and reduce the same into ready Money and shall and do put and place all my Monies out at Interest and also continue at Interest such of my said Trust Monies as may be then out at interest on good Security or as they or he shall think proper. And as to my said real Estates Upon Trust that my said Trustees and the Survivors and Survivor of them and the Heirs of such Survivor shall and do let and set the same and out of the rets interest and profits of my said real and personal Estates Upon Trust that my said Trustees or the Survivors or Survivor of them and his Heirs shall and do pay unto my dear wife Ellen and her assigns for and during her natural life such Sum and Sums of Money annually or otherwise in addition to the Yearly rent charge or annuity of Twelve pounds secured to my said wife previous to my intermarriage with her as she my Said wife in the opinions and Judgments of my said Trustees may require and stand in need of for her maintenance comfort and support and also do and shall pay unto William Collinson of Cockerham aforesaid Laborer the Yearly sum of Twenty Shillings for and during the natural life of my said Wife and to be paid and payable to him every Christmas day the first payment thereof to commence and be made on the Christmas day next happening after my decease. And as to the annual Interest rents and profits of my said Estate then remaining Upon Trust that my said Trustees or Survivors or Survivor of them his Heirs Executors or Administrators shall and do pay and apply the same or so much thereof as may be necessary in and towards the Maintenance Education and bringing up during Minority of my Youngest Child Robert Kirkby until he shall attain the age of Twenty One Years and from and after the attainment of my said Youngest Child to the said Age of Twenty One Years Then upon Trust that my said Trustees or the Survivors or Survivor of them his Heirs Executors or Administrators shall and do with all convenient speed sell and dispose of my said real Estate so devised to them as aforesaid either together or in separate parcels or either in or by public sale or private contract or consideration Money then arising and grant convey and assure the same purchasers thereof his her and their Heirs and assigns for ever And as to the Money arising by such Sale together with the Monies arising from my said personal Estate Upon Trust to pay one ninth part thereof to my Son William to whom I hereby give and bequeath the same one other ninth part thereof to my son Thomas to whom I hereby give and bequeath the same one other ninth part thereof to my Son George to who whom I hereby give and bequeath the same one other ninth part thereof to my son Richard to whom I hereby give and bequeath the same one other ninth part thereof to my son John to whom I hereby give and bequeath the same one other ninth part thereof to my son Robert to whom I hereby give and bequeath the same one other ninth part thereof to my daughter Nanny Singleton to whom I here by give and bequeath the same And as to one other ninth part of my said Monies and Effects it is my Will and Mind and I do hereby order and direct my said Trustees or the Survivors or Survivor of them his Executors or Administrators to pay and divide the same into and eaually between my two Grandchildren Isabella Parkinson and William Parkinson the children of my late Daughter Betty Parkinson share and share alike to whom I hereby give and bequeath the same And as to the remaining one ninth part or share of my said Estate and Effects it is my Will and Mind and I do hereby order and direct my said Trustees or the Survivors or Survivor of them his Executors or Administrators to pay the same unto my Grand son William Kirkby the son of my late Son James Kirkby to whom I give and bequeath the same And it is my Will and Mind and I do hereby order and direct that in case of my said Grandchildren shall be an Infant at the time the said Legacy or Share hereby intended for her or him shall be due or payable under this Will then the Legacy of such Infant shall be paid to her or his parent who receipt for the same shall be a good and valid receipt and discharge for the said to my said Trustees against the said Infant and all persons claiming under her or him for the said Infants Legacy or Share. And in case any of my said Children or Grandchildren shall happen to die before his her or their Share or Shares become payable then I direct that the share of shares of him her or them so dying shall go and be paid and payable to the Issuesof such so dying if more than … equally amongst them but if these shall be .. to the Surviving brothers and sisters of such of them so dying share and share alike and to the Issue of of such of them as may be dead such Issue to have and take such deceased parents share equally amongst them if more than one as his her or their parents would have had and taken if living. And it is my Will and Mind and I do hereby order and direct my said Trustees as they shall receive the same may advance and pay to my said Children and Grandchildren the whole of my personal Estate or may advance and pay to any of my said Children and Grandchildren such sum or sums of Money on account of the share or shares any such Children or Grandchildren will be entitled to from my personal Estates and they my said Trustees in their Judgment and discretion shall think proper And it is my Will and Mind and I do hereby order and direct in the making out an account of my said Estate and Effects and in the distribution of the same that whatever Money I have given lent or advanced or whatever debts may appear in my Books for Money lent advanced or paid to or for any one of my children and unsettled at my decease such debts so far as the same extend shall be reckoned as part of such child or children’s share to indebted but without any calculation of Interest and deducted out of his her or their share or shares of the Money given to him her or them as aforesaid. And I further direct that all Monies I have given lent or advanced or which may appear in my books to have been advanced to my said Son James Kirkby and my said daughter Betty Parkinson in making out such an Account the same shall be deducted out of their Children’s share of the residue of my said Estate and Effect hereinbefore given to them as aforesaid. It being my intention and mind that each of my Children and Grandchildren or Grandchild representing the parent as hereinbefore designated shall have or derive a like share or Interest with the others of them from the whole of my property And I order and direct that the receipt and receipts of my said Trustees or the Survivors or Survivor of them or his Heirs for the purchase or consideration Money for my said real Estate shall be good valid and sufficient and that the purchaser or purchasers shall not be answerable or accountable for the misapplication or nonapplication thereof And I do hereby further order and direct that my said Trustees shall and may from time to time reimburse and pay themselves out of the Trust Monies all their reasonable costs Charges and Expences and a satisfaction for their care trouble and loss of time and that my said Trustees shall not be answerable or accountable for one another but each of them for himself and his own acts and deeds only nor shall they be answerable or accountable for any losses or bad debts that may happen to my Estate unless occasioned by the own willful neglect or default. I nominate and appoint the said William Lamb my said Son William Kirkby and the said Joseph Parkinson Executors hereof and do hereby revoke all former Wills by me made. In Witness whereof I the said William Kirkby the Testator have to this my last Will and Testament contained on this and the four preceding Sheets of paper set my hand seal that is to say my hand to the bottom of the four preceding Sheets hereof and my hand and Seal to this last and fifth Sheet this tenth day of October in the Year of our Lord Christ one thousand eight hundred and twenty three.
Signed Sealed Published and Declared by the said William Kirkby the Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereto subscribed our names as Witnesses The Word “Issue of such so dying if more than one equally amongst them but if there shall be no issue then to the … being first inforlined?
J Webster Thos Barron Septimus Booker