Will of Roger Kirk, 1759, West Nottingham Twp, Chester County, PA Contributed for use in USGenWeb Archives by Marianne Wolfman Copyright 2004. All Rights Reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/pafiles.htm ********************************************************* ----------- Note: Paragraphing and surname capitalization added. Roger Kirk died on March 28, 1761. ----------- Will of Roger Kirk, West Nottingham Twp, Chester County, PA, signed June 30, 1759, proved April 14, 1761. To all Christian people to whom these presents shall come or may concern: Know ye that I, Roger KIRK, of the township of West Nottingham, in the County of Chester, in the Province of Pennsylvania, Weaver, being at this time weak in body, but of sound and disposing mind and memory, for which I am humbly thankfull, and calling to rememberance the uncertainty of time here, do make and publish this my last will and testament in manner and form following: This is to say, first and principally, I recommend my spirit to God that gave it, and my body to be buried in a plain and decent manner, in Friends's burying ground, at their publick meeting place in East Nottingham. And as touching my worldly estate which God in mercy hath bestowed upon me, I give and dispose of the same as followeth, viz.: First. I will that all my just debts which I owe in right or conscience, to any person or persons whatsoever, together with my funeral expenses, be first paid and discharged by my Executrix, hereafter named, out of my personal estate, as soon as conveniently may be after my decease. ITEM. -- I give and bequeath unto my well-beloved wife, Elizabeth KIRK, and to her assigns for and during her natural life, and after her decease to my son Samuel KIRK, his heirs and assigns forever, without impeachment of waste, all that part of my plantation whereon I now dwell, lying north of the Great Road, except ten acres part thereof herein after devised to my son William KIRK, she my said wife allowing unto my son Samuel, one-half of the grass which shall grow in the big meadow for hay, only; he my said son Samuel at all times maintaining one-half of the fence round the said meadow. I also give, unto my said wife, during her natural life, the North end of the Frame House in which I now dwell, and the northern part of the cellar; one half of the Orchard, half the gardens and privileges of the draw well and the oven; as also the north end of the barn, and the use of the floor of said barn for thrashing, &c., and the shop, called the Weaver Shop, and one-half the stables, together with free, peaceable, and undisturbed way and passage into and out of the house, barn, stables, orchard, gardens, shops, &c., and also, I give and bequeath unto my said wife for and during her natural life, my Mulatto girl, called Phillis, and my negro girl, called Jenny. I also give and bequeath unto my said wife, my negro man, called Harry, and my Mulatto boy, called Toby. I give, devise, and bequeath unto my said wife and to her heirs and assigns forever, all my right, title and interest, which I have of, in and unto a certain tract, piece or parcel of land, situated in East Nottingham, together with appurtenances, containing by computation one hundred acres, being the same lands I purchased in right of David BROWN. ITEM. -- I give and bequeath unto my son, Timothy KIRK, the sum of five pounds, and unto his wife, Ann KIRK, I also give the sum of five pounds. ITEM. -- I give and bequeath unto my son, William KIRK, the quantity of ten acres of land, being part of my said plantation whereon I now dwell, joining the land of Joshua BROWN and his other land, to be surveyed to him in regular and uniform manner, as soon as conveniently may be after my decease, to hold to him, his heirs and assigns forever. I give also unto my said son, William KIRK, the sum of five pounds, and unto his wife, Mary KIRK, I also give the sum of five pounds. I also give and bequeath unto my said son, William KIRK, and to his heirs and assigns immediately after the decease of my said wife, my said mulatto girl, called Phillis. ITEM. -- I give and bequeath unto my daughter, Elizabeth WOODWARD, the sum of thirty pounds, and unto her husband, Thomas WOODWARD, I also give the sum of five pouinds. ITEM. -- I give and bequeath to Matthew AUGHILTREE, husband to my daughter Deborah, deceased, the sum of five shillings. ITEM. -- I give and bequeath unto my daughter, Rebecca COOK, and to her heirs and assigns, my mulatto girl, called Violet, and also the sum of forty pounds, and unto her husband, John COOK, I also give the sum of five pounds. ITEM. -- I give and devise and bequeath unto my said son Samuel KIRK, and to his heirs and assigns forever, all my said plantation whereon I now dwell, with all and singular the hereditaments and appurtenances thereunto belonging, or, in anywise appertaining; except part thereof herein before bequeathed to my said son William, and the parts, privileges herein before bequeathed unto my said wife during her natural life, which said parts and privileges herein before bequeathed to my said wife. I will my said son Samuel, his heirs and assigns, be in full possession immediately after decease, and my said son Samuel, to be in full possession of that part of my plantation, lying south of the Great Road, immediately after my decease, except the privileges before mentioned to my said wife during her natural life, on said south part of my plantation, and she my said wife to have free, peaceable privilege to take off the grain on said south part of my plantation; and also I give and bequeath to my said son Samuel, and to his heirs and assigns, three of my working horses, four cows, and six sheep, and the value of five pounds worth of household goods, and the sum of twelve pounds, and from and immediately after my decease, one-half of all my implements of husbandry, such as carts, plows, harrows and their irons, and horse harness; and from and immediately after the decease of my said wife, my said negro girl named Jenny, &c. ITEM. -- I will that the legacies herein before mentioned, I do order to be paid within two years after my decease, by my Executrix herein after appointed, in lawful money of Pennsylvania. ITEM. -- I give, devise and bequeath unto my grandson Roger KIRK (son of Timothy KIRK), and to his heirs and assigns, forever, all that tract or parcel of land with the appurtenances, situated, lying, and being in East and West Nottingham, containing, by computation, one hundred and forty acres, to be the same, more or less, joining the lands of the said Timothy KIRK and others. ITEM. -- I give, devise and bequeath to my assigns forever, one full, equal, and undivided fourth part of a certain lot of land, situated in Charlestown, on North East River, together with the appurtenances. ITEM. -- I give, devise and bequeath the other full, equal, and undivided fourth part of the said lot with the appurtenances, unto my grandson, Samuel WOODWARD, to hold to him, his heirs and assigns forever. ITEM. -- I give and bequeath unto my granddaughter, Rebecca WOODWARD, one feather bed and furniture, and a pair of large chests or drawers, standing in the lower room. ITEM. -- I give and bequeath unto my grandson, Jacob WOLLISON (son of Joseph and Deborah WOLLISON, dec'd), the sum of ten pounds, to be paid when he arrives at the age of twenty-one years. ITEM. -- I give and bequeath unto my grandson, William WOLLISON (son of Joseph and Deborah WOLLISON, dec'd), the sum of ten pounds, when he arrives at the age of twenty-one years. ITEM. -- I give and bequeath unto my granddaughter, Elizabeth WOLLISON (daughter of Joseph and Deborah WOLLISON, dec'd), the sum of ten pounds, to be paid when she arrives at the age of eighteen years. ITEM. -- I give and bequeath unto my granddaughter, Catharine WOLLISON (daughter of Joseph and Deborah WOLLISON, dec'd), the sum of ten pounds, to be paid when she arrives at the age of eighteen years. ITEM. -- I give and bequeath unto my grandson, Joseph WOLLISON (son of Joseph and Deborah WOLLISON, dec'd), the sum of ten pounds when he arrives at the age of twenty-one years. And all the rest, residue and remainder of all and singular, my goods, chattles, rights and credits whatsoever, both real and personal, of what nature and kind soever the same may be of, and not herein given or bequeathed, I give and bequeath unto my said wife, Elizabeth KIRK, and to her heirs and assigns forever, whom I nominate, constitute and appoint whole and sole executrix of this my last will and testament, hereby revoking all former will and wills heretofore by me made. In witness whereof I have hereunto set my hand and seal the thirtieth day of the sixth month, in the year of our Lord one thousand seven hundred and fifty-nine (1759). Signed, sealed, published, pronounced and declared by the said Roger KIRK, the testator for and as his last will and testament, in the presence of us the subscribers, who subscribed our names in his presence. Elisha Hughes Roger Kirk Benjamin Chandler Alexander M'Caskey