Person:John Kilby (9)

Will of John Kilby

The Will of John Kilby

In the Name of God Amen I John Kilby of the Parish of Brumfield in the County of Culpeper and Colony of Virginia being of a Sound Mind and Memory and in perfect senses and Calling to mind the uncertainty of Human Life and that it is appointed for all men to die DO make this my last will and Testament.

Impr. I Commit my soul into the hands of Almighty God who Gave and my Body to the Ground to be recently enterred at the discretion of my Executors herefter named not Doubting but that I shall receive the Same again at the Last day through the Mighty Power of Jesus Christ my Saviour and as Touching such worldy goods with which God has blessed me I give devise and Dispose of in Manner following Viz:

ITEM: To my loving Wife Elizabeth during her natural life I lend the use of the Plantation whereon I now live with all the Stock of every kind and household furniture I shall die possessed of and the use of the Stil and all its utensils of every kind, and after my Wife's Decease I give and Devise and bequeath the plantation to my Son Henry and his heirs.

ITEM: After the Decease of my wife Elizabeth I give and Grant first of all to each of my sons Michael and Henry such a Proportion of the stock and Household furniture as my wife shall die possessed of as to make them Equal to what I gave to any of my other sons at their settlement and marriage, and after such Deduction from the Stock and furniture for the sole use of my Said Sons Michael and Henry my will is that the remainder of each be Equally divided among my Daughters Ann Catherine, Elizabeth, Nancey and Susannah Kilby.

ITEM: To my son William and to his heirs I give and bequeath sixty acres of land being the Plantation whereon he now lives

ITEM: I give and Bequeath to my son John the Plantation whereon he lives containing sixty acres and to his heirs

ITEM: To each of my sons Adam, James & Michael and to each of their heirs I Give and Bequeath Sixty Acres of Land to be laid off in such a manner as best may Answer for each of their Advantages in Quality and Situation and all the rest remainder and Residue of my Land not willed, Dismissed and bequathed as Above is to be Considered as the Plantation whereon I now live be it more or less and lent to my Wife during her Natural life and at her Demise granted and given as Above to my son Henry and his heirs.

ITEM: It is my will after my wifes Decease that the Still with all its Utensils be Appraised to his full and Just Value my son Henry to keep the Still in his possession as his sole Property but to pay his Brother Adam the sum of nine pounds Current Money which he formerly lent me as it is my will that the remainder of the Valuation of the Still be Equally Divided among my Daughters as above named

Lastly and I do hereby constitute and appoint my Sons William and James Kilby jointly and seperately Execrs. of this my Last will and Testament Hereby revoking and Disanuling all wills and Testament Legacys bequests heretofore by me made or in any manner or form whatsoever Ratifying and Confirming this alone as my last Will and Testament IN TESTIMONY whereof I have hereunto set my hand and seal this Eight day of December in the year of our Lord God 1770

(Signed) John X Kilby (his (LS) mark)

Signed Sealed publised pronounced and Declared by the Above John Kilby and for his Last and Testament in our presence who in his presence and in the presence of Each Other have hereunto subscribed or names

Thomas Sparks

Thomas Porter

Robert Floyd

[Source: Culpeper County, Virginia, Will Book B, p. 57-58].

Probate of John Kilby's Estate/Will

Culpeper Co.,VA WIll Book B, p. 59

10 May 1772

At a court for the County of Culpeper on Monday the 10th day of may 1772. This last will and testament of John Kilby deceased was exhibited to the Court by William and James Kilby executors therein named and was proved by the oth of Thomas Sparks and Thomas Porter witnesses thereto and ordered to be recorded on the motion of said Executors. Certificate is granted thereon for obtaining a probate thereof they having sworn to the same and given bond and security according to law.

Teste

Roger Dixon, Clerk CC

[CC = Clerk of the Court]

Inventory of John Kilby's Estate

Culpeper Will Book B, p. 59

Taken 28 May1772, presented 15 June 1772.

Appraiser not named. In addition to miscellaneous household and farm utensils, the inventory included 10 hogs, 11 cattle, 3 horses and 7 sheep. Two peculiar items were "1 Servant Man, 20 Pounds" and "one still, three acres, two old grubbing hoes" for 17 pounds 13 shillings. The still was valued at 17 pounds. Considering the mare and colt were appraised for 15 Pounds, and the third horse appraised for 13 Pounds, it would seem the "servant man" was a slave. The estate's total value was 132 Pounds.

[Citation: http://homepages.rootsweb.ancestry.com/~kilbyhr/culpeper/wills/d39will.html].

Records in Virginia

• John Towles, late from Middlesex, 6 Aug. 1747 - 25 Sept. 1747; 300 acres adj. John Kilvey when surveyed not to exceed half a mile from his house towards the land James Maxwell claims & George Martin. CC - Thomas Kennerly & John Ambargo. Marker - John Kilvy. Surv. James Genn. [Abstracts of Virginia's Northern Neck Warrants & Surveys, Orange & Augusta Counties, with Tithables, Delinquents, Petitioners, 1730-1754, Volume One, Peggy Smomo Joyner, pg. 15-16].

Notes

1. Occupation. Farmer; Stiller

2. Occupation: 1747. Was a "marker" for the survey made for John Towles' land grant

3. Land grants: 1749: , Orange, VA. LAND GRANT TO JOHN KILBY, 1749, ORANGE COUNTY VIRGINIA

4. Will: 8 Dec 1770. John Kilby Will -Culpeper County, VA, Will Book B, p. 57 - 58

Citations

http://www.angelfire.com/or2/lindamay/genealogy/kilby/notes2.html