The will of James Kirkby (abt.1722-abt.1782), dated 6 September 1782, left to his son William Kirkby (abt.1758-1829) "the Farm I now hold under the Honorable Francis Charteris Esquire situate in Cockerham aforesaid and called Cockerham Hall," provided for the support of his wife Deborah, and disposed of the estate in equal parts to "my Sons William and Thomas and Daughters Margaret Isabel and Deborah." William Lamb and Joseph Parkinson were appointed joint executors. The will was witnessed by James Parkinson, Isaac Fox, and Thomas Corless.
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 James Kirkby
I James Kirkby of Cockerham Hall in the County of Lancashire yeoman being weak and infirm of body but being of sound and disposing mind Memory and Understanding praised be Almighty God for the same do make publish and declare this my last will and testament in manner and form following, that is to say, In the first place I order and direct that all my debts Funeral Expenses and the charge of proving this my will shall be paid and with the Payment thereof I charge both my real and personal Estate in the hands of my Trustees and Executors herein afternamed I give and bequeath to my Son William his Executors and Administrators all my Form Right and Interest in the Farm I now hold under the Honorable Francis Charteris Esquire situate in Cockerham aforesaid and called Cockerham Hall for his and their own proper use and ? together with the Indenture of Lease I also give and bequeath to my loving wife Deborah the Use of such part of my Household Furniture as she may have occasion for during her natural Life to be sold by my Executors after her Decease and the Money to be applied as ?? after ?? I give devise and bequeath unto my good Friends William Lamb of Cockerham aforesaid Yeoman and Joseph Parkinson of Goathouse in Ellel in the said County Yeoman their Heirs Executors Administrators and Assigns for over all that my Freehold Messuage and Tenement Estate or Farm with the Dwelling House Barns Buildings Closes Inclosures Dales or parcels of Land thereunto belonging containing together by Estimation twenty eight acres or thereabout and situate in the Vacary of reputed Vacary of Akenclough with the approximate names thereunto belonging and now in the Possession of Thomas Corless as Farmer thereof and all my Stock Household Furniture and other person Estate whatsoever (not herein before disposed of) to hold the same unto the said William Lamb and Joseph Parkinson their Heirs and assigns for ever upon Trust never the less that they the said William Lamb and Joseph Parkinson and the Survivor of them and the Heirs of such Survivor shall and do with all convenient Speed after my Decease sell and dispose of my said real and personal Estate in public Sale or otherwise as they may judge most proper and grant release and convey the Same to such person or persons as may be come Purchaser or Purchasers thereof and to pay apply and divide the Money thence arising (after payment of all their Charges and Expenses and a reasonable satisfaction for their trouble which they are impowered to deduct and retain) in the first place to pay or secure the Payment of an Annuity of six pounds a Year thereout to my said loving wife Deborah, to wit, on the twenty fourth Day of June and the twenty fifth Day of December in every Year during the term of natural Life by equal Payments and upon Trust that my said Trustees shall pay apply and divide the whole principal Sum arising from the Sale of my said real and personal Estate as also the money arising from the Sale of the Household Good may Wife may happen to reserve as aforesaid and the principal Sum from the Interest whereof her annuity is paid equally amongst my Sons William and Thomas and Daughters Margaret Isabel and Deborah and their legal Representatives Share and Share alike to whom I give and bequeath the same accordingly (except as to my said son William to whom I have already given eighty pounds therefore Direct that the same Sum of eighty pounds shall be reckoned by my Trustees as part of his Share and the same is to be made up equal with the ?) and I order and direct that the Receipt or Receipts of my said Trustees shall be a sufficient Discharge to any purchase or purchases of my said real Estate for the Purchase Money and such purchaser or purchasers after such Receipt so given shall not be accountable for the Misapplication or Nonapplication thereof. I do hereby revoke all Wills by me heretofore made and of this my Will do nominate and appoint the said William Lamb and Joseph Parkinson joint Executors in Trust in Witness whereof I the said James Kirkby have hereunto set my Hands and Seal the fourth Day of April in the Year of our Lord one thousand seven hundred and eight two (the Letters or Mark and Seal and James … Kirkby) signed Sealed published and declared by the above named Testator as and for his last Will and Testament in the presence of ? who in his presence at his request and in the presence of each other have hereunto subscribed our Names as Wittnesses. Jas Parkinson Isaac Fox the mark of Thos Corless
This copy on three ? of stamped paper announced agrees with the original last Will and Testament of the abovenamed James Kirkby deceased, remaining the Registry of the Archdeaconry of Richmond, kept at Lancaster, the same having been faithfully examined this sixth Day of September in the Year of our Lord one thousand seven hundred and eighty two by me ? Lambert Deputy Register