Made 10 June 1754 Proved 10 October 1758
[1754/08/30 burial of Thomas Kirby of Skellgill]
Transcribed by Carol Metcalfe from original documents available at the WYAS
In the name of God amen I Thomas Kirkby of Skellgill in the parish of Kerbymalzeard being weak of body but of sound disposing mind and memory do make this my first and last will as followeth
First of all I desire that my body be buried in a decent manner as it may please my Executor and Executrix hereafter named and as for the Equity of Redemption of my reall estate at Skellgill I give and bequeath the same to Mr William Sands and Katherine Kirkby my Dearly beloved wife. And also I do hereby impower them the said William Sands and Katherine my said wife to sell and dispose of my said estate at their discretion and with their conveniency in trust and confidence that they will take all possible care to make the best of it towards maintaining and educating my only daughter Jane Kirkby now a minor.
Also I give to my brother John Kirkby, Barr Keeper at Pierse Bridge one shilling and to his eldest son one shilling.
And as for all my other lands tenements and hereditaments and all my estate right or title and interest of, in and to a parcel of lands called Stubbins scituate in Swetton or Dallowgill or Linterstone and all my goods and chattels whatsoever and wheresoever I give and bequeath to the above named William Sands and Katherine Kirkby in trust as above after they have paid off all my just debts legacies and funeral expences and then the remainder to go to my daughter aforesaid in case she survive her mother.
Lastly I nominate and appoint the above named William Sands and Katherine my said wife Sole Executor and Executrix of this my last will and testament.
In witness whereof I Thomas Kirkby have hereunto set my hand and seal this tenth day of June in the year of our Lord one thousand seven hundred fifty four
Thos Kirkby [signed]
Signed sealed published pronounced and declared by the within named Thomas Kirkby for and as his last will and testament in the presence of us and attested by us in his presence
Sarah + Mettcalf [her mark]
John x Richmond [his mark]
John Pickersgill [signed]
18.1.1758 On the reverse of the will, the following has been written:
Between Samuel Linn Gent. Complainant and
Fletcher Norton Esq and others Defendants
at the house of Wm Askwith Inn holder in Ripon in the County of York, this paper writing was shown to Sarah Metcalfe, John Richmond and John Pickersgill at the times of their several examinations on the part of the said Complainant the 18th day of January 1758 before us
Know all men by these presents that we Katherine Kirkby of Skellgill in the parish of Kirby Malzeard in the county of York, widow and Thomas Bramley of Mallard Grainge in the said county, gentleman are bound and firmly obliged to the worshipfull and Reverend Edward Place Master of Arts Comissary or official of the Prebend of Masham in the said county in the sum of two hundred pounds of good and lawful money of Great Britain, to be paid to him the said Edward Place or to his certain Attorney, Executors, Administrators or Assigns; for the payment whereof well and truly to be made, we oblige ourselves and each of us by ourselves for the whole and the full, our Heirs, Executors and Administrators firmly by these presents. Sealled with our seals, given the tenth day of the month of October in the year of our Lord one thousand seven hundred and fifty eight.
The condition of this obligation is such that if the above bounden Katherine Kirkby one of the Executors of the last will and testament of Thomas Kirkby late of Skellgill in the parish of Kirkby Malzeard aforesaid gentleman, her late husband deceased do well and truly execute and perform the same And do pay his debts and legacies so far as his goods will extend and law shall bind her if also she do exhibit into the Peculiar Court at Masham a true and perfect Inventory of all and singular the goods, rights, credits, cattles and chattels of the said deceased and do make a true and just accompt of the same when she shall be thereunto lawfully called. And moreover, if need require enter into further Bond, with more sufficient sureties for the performance of the premises as the Judge of the said Court, for the time being shall think requisite and needful. And lastly do save, defend, and harmless keep the above named Judge and all his officers and ministers against all persons by reason of the premises, then this present obligation to be void and of none effect or else to remain in full force and virtue.
The mark and seal of
Katherine X Kirkby
Thos Bramley [signed]
Sealed and delivered
in the presence of
A True and Perfect Inventory of the goods chattels and personall estate of Thomas Kirkby of Skellgill late deceased appraised by us whose names are hereunto subscribed the second day of September in the year of our Lord 1754
His purse and apparell 1 – 5 – 0
In the House Stead
One clock, a long table, a little table, a long settle, a cupboard
two chairs, reckon, tongs, three pewter dishes and some
odd huslements 2 – 10 – 0
In the Parlour
Two bedsteads and bedding, a corner cupboard, a chest,
a little desk, three chairs and some odd things 2 – 15 – 0
In the Dairy
One chirn, one milk pail, some bowls, an iron pan
an iron pott and some odd things 0 – 8 – 0
In the Back Room
One iron pott and some odd huslements 0 – 4 – 0
In the chamber
One chaff bed, a brass kettle, a box to dress meal in
and some odd things 0 – 9 – 0
One milk cow, two heifers, one calf 9 – 5 – 0
One hay mow 2 – 0 – 0
Total £18 – 15 – 0
John Richmond [marked]