Probates: Richard Kirby

(Source)

When I first researched the Kirby family back in 2013, I mistook Richard Kirby's second wife, Rachel, for his daughter. It was an easy mistake to make, considering that in 1850 he was 69 and she was 45. Richard's first wife was Matilda Frost. The Kirbys were very prolific, and you can see their full family tree in the original post.

The wills I am reading are starting to fit into a pattern. The male writer of the will always instructs that his land be sold and that its proceeds be divided between his wife and children. Like the other men whose wills I have read, Richard Kirby's allowance to his wife is partly contingent upon her remaining a widow. However, unlike other men, who would cut off their wives completely in the event of their remarriage, Richard still allowed Rachel $100 a year. While cutting off their widows seems like a harsh thing to do, in reality it was simply a recognition of the fact that the widow's new husband would now be responsible for her maintenance. Redirecting her deceased husband's legacy to their children prevented it from falling into the hands of the widow's second family. These stipulations were intended to safeguard the woman's first family.

In 1851, when his will was written, Richard would have been 70 and Rachel 46. If she had remarried (which she doesn't seem to have), she would be unlikely to produce any more biological children. Perhaps this fact influenced Richard's decision; or maybe it was the fact that Rachel herself was his second wife. It is notable that Richard, like most of the other men whose wills I have read, doesn't simply give Rachel his property outright, but requires that it be sold, invested, and the interest to paid to her in installments. This practice would have seemed sensible back then, but today it comes across as somewhat patronizing, as though women couldn't be trusted to deal with their own property. Then again, perhaps women didn't receive the education in financial management that men did, in which case this practice would make sense - although the implication is no less offensive.

Notably, Richard only names sons in his will, not daughters. It could have been that he didn't have any daughters who lived to adulthood; I couldn't identify any. Then again, my search was complicated by the fact that when Richard and Rachel first appear in the census (in 1850), Richard's children with Matilda Frost had already grown. The sons he identifies as his youngest - William A., Charles H., and John Wesley Kirby - were most likely his sons with Rachel; they were living with the couple in that year and were aged 22, 20, and 18 respectively.

Also, that line "during her natural life." This is also meant to indicate that the property isn't really Rachel's; it's hers to use while she's alive, as though she's renting it. When she's done with it, it will belong to their children.

Leonard Kirby was the son of Richard and Matilda Kirby and married Jane Vervalen. He was a successful merchant who owned property both in New Castle and Manhattan, and had thirteen children. He died in 1878.

Valentine Kirby also became a wealthy merchant (he owned real estate valued at $120,000 in 1870) and lived in Queens with his wife Emeline, their children, and several servants. He died in 1894.

I haven't been able to find out anything about Caleb Kirby, who was doubtlessly named after the progenitor of the Kirbys, for whom Kirbyville was named.

Richard Kirby didn't die until 1857, six years after his will was written. Rachel died in 1863 at the age of 59.


Will of Richard Kirby

In the name of God, amen. I, Richard Kirby of the town of New Castle in the county of Westchester, this fourteenth day of June in the year of our Lord one thousand eight hundred and fifty one, being in good health and sound disposing mind and memory, thanks to almighty God for the same, and calling to mind the great uncertainty of this mortal life, do make and publish this my last will and testament in manner and form as follows, viz.

First: I order and direct my executors hereafter named to sell as soon after my decease as may be convenient and proper all my real estate and I hereby authorize them to give the purchaser or purchasers a good and sufficient title for the same.

Secondly: I order and direct my executors to take one equal half of the money arising from the sale of my farm and put the same out at interest on bond and mortgage and pay the interest to my beloved wife Rachel during her natural life provided she remain my widow, but in case she should marry, I order my executors to pay her the sum of one hundred dollars yearly in line (?) of the interest of said half of my real estate - and the money arising from my personal property after paying all my just debts and funeral expenses I give and bequeath to be equally divided between my beloved wife Rachel and my three youngest sons share and share alike.

Thirdly: I give and bequeath the other equal half of all the money arising from the sale of my real estate to my three youngest sons viz. William A., Charles H., and John Wesley Kirby to be equally divided between share and share alike.

Fourthly: I order and direct after the decease of my wife Rachel that my executors divide the money set apart as above stated for the use of my beloved wife and the interest of there should be any due and I direct that the same be equally divided between all my sons viz. Leonard, Valentine, Caleb, Isaac F., William A., Charles H. and John Wesley Kirby and their heirs share and share alike.

Lastly I hereby appoint my sons Leonard Kirby, William A. Kirby, and Charles H. Kirby executors to this my last will and testament and hereby revoking all former wills by me made do declare this to be my last will and testament in the presence of the witnesses named below, the day and year first above written.

Richard Kirby

Witnesses: Gilbert Brundage, W. H. Lane

1. Richard Kirby m. (1) Matilda Frost, (2) Rachel (1804-1863)
1. Leonard Kirby (1802-1878) m. Jane Vervalen (1813-1902)
2. Valentine Kirby (1809-1894) m. Emeline
3. Caleb Kirby
4. Isaac F. Kirby
5. William A. Kirby (1828-)
6. Charles H. Kirby (1830-)
7. John Wesley Kirby (1832-1901)