Richard Kirby [Curby]1,2,3,4
M, b. 1603, d. before 10 January 1689
Richard was born in 1603 in England. Richard married Jane (?) circa 1632 in England. On 24 July 1635, Richard left London aboard the ship, "Assurance", mastered by Isack Bromwell & George Pewsie, bounded for Virginia. Listed among the passengers was Richard Kirbie aged 32 years. His wife, Jane's name is not listed as among the women passengers on board. Since their son, Richard, was born in 1633, it is probable both mother and son had been left at their English home to come on a later ship..5 He spent a short time at Lynn, but by 1637, he was in Sandwich, as he was mentioned in the will of Thomas Hampton of Sandwich in March of 1637. Here he became one of the first eleven male members of the church. After 1650, Richard became upset with some practices of the Puritans and spoke out publicly about it. As a result, he received many severe punishments, many of which were because of his support of the Quaker movement and for attending their meetings. By 1662, the fines and punishments had reached to the point of threatening their ability to sustain a living, or at least the suffering of the families and the indignities imposed upon them became too much to bear. Thus, in December of that year Richard purchased property in Dartmouth. He then moved his family and that of his son-in-law, Matthew Allen, to Dartmouth and remained there for the next decade.6 Richard's wife, Jane, died before 23 March 1649/50 in Sandwich, Cape Cod, Barnstable County, Massachusetts, leaving him a widower. Richard married 2nd Elizabeth (?) circa 1670 in Queens County, Long Island, New York. At some time in the early 1670's, Richard moved to the Oyster Bay area of Long Island. It is not known why he left Dartmouth; he apparently left on his own, as his family remained in Datmouth. The first record of him on Long Island is on the 3rd of June 1672 when he & William Thornycraft bought jointly of Thomas Townsend of Oyster Bay 26 acres.7 Richard made his will on 27 October 1688 at "Little Worth" in the Town of Hempstead, Queens County, Long Island, New York.
In the name of God etc. in the fourth year of his Majes reigns James the second by the grace of God King of England, Scotland, France & Ireland Defender of the faith,etc. I Richard Curby being weake of body but of sound & perfect memory do make and ordain this my last will & testament in manner & form following,
First: I bequeath my body to the earth out of which it was taken and my soul into the hands of God that gave it. To my two sons Thomas and William all my lands and meadows with housing & fruit trees to be equally divided between them which lands above mentioned I give to my two sons & their heirs forever & it is my will that if any one of my sons dye without issue that then his surviving brother, also my wife Elizabeth Curby shall possess & enjoy this place & homestead on which I live with the housing & fruit trees, also it is my will that my wife shall have my swamp or meadow which lyes by the street with a piece of meadow & upland lying on the east side of the creek before my door and also ten acres of land in the next division during her widowhood.
Item: I give to my son Thomas all my carpenters tools also+ it is my will that n cart & plow tackling shall be equally divided between my two sons Thomas & William only my wife shall have the use of them during her widowhood.
Item: I give to my two daughters Elizabeth & Mary all my movables which shall be equally divided between them only I give to wife's son Ichabod my mare & one yearling heifer which is of brendled colour.
Item: I give to my wife's daughter Anne one yearling heifer.
Item: 1 also do constitute & appoint my loving wife Elizabeth Curby to be my executrix & she shall first pay all my debts out of my movable estate & then the remainder shall be divided as before is expressed but if either of my two daughters do happen to dye without issue it is my will that the surviving sister shall have her part of the movables to as a testamony that it is my last will I sett to my hand & seal the twenty seventh day of October 1688.
Item: I do appoint James Townsend & Job Wright as overseers to see this my will performed.
In the presence of
"R" Richard Curby his mark, George Leane his mark, John Davis, Job Wright, James Townsend
Bee it known by these presence that I Richard Curby of Littlewiorth mentioned on the other side of this my will do upon further consideration give to my wife's son lchabod in lieu of the yearling heifer which by me was given to him as by my will on the other side may appear two cows which two cows shall be delivered unto him when he the said Ichabod shall or doth attain the age of twenty one years old he being or remaining with his mother and performing the duty of a child to his mother by managing her affairs until he does attain to the age above mentioned & in testimony that this is my act & deed, I have hereunto set my hand this 29th day of October 1688.
"R" Richard. Curby his mark.8,9
Richard departed this life before 10 January 1689 in Queens County, Long Island, New York, at "Little Worth" in the Town of Hempstead. His will was probated on 10 January 1689. On 10 Jan.1688/9 James Townsend, Job Wright, and George Deane swore that they had witnessed the signing of the will and the widow gave bond and was instructed to render a true inventory to the court at its next meeting. After Richard's death, the children of Richard's first wife, his family that remained in Dartmouth, recorded a letter confirming the division of their father's estate, as to his wishes.
"To all people to whom these presents shall come, greetings: Where as Richard Kerby, formerly of Dartmouth in the County of Bristoll in the Colony of New Plymouth in New England sometime more than nineteen years since died intestate and left some personal estate undisposed of, he having before his death given and disposed of his lands unto his two sons, viz., to his son Richard Kerby, now of Dartmouth, one quarter of a snare of lands throughout the said town of Dartmouth, both divided and undivided, and one other quarter of a share unto his other son Recompense Kerby, then of Dartmouth aforesaid, and which was enjoyed and possessed by his said sons sometime before and at the time of his death of the said Richard Kerby their deceased father. Now know ye therefore that we, Richard Kerby, the son of said deceased, and Sarah Allen and Ruhamah Smith both of Dartmouth, widows, and both daughters of said deceased, together with the said Recompense Kerby our brother then of said Dartmouth and Jane Lounders our sister,then of Sandwich in the County of Barnstable now deceased, did all mutually agree unto and divided the personal estate of our said deceased father after his death and amongst ourselves, agreeing and concluding that the said Richard Kerby and Recompense our two brothers aforesaid should have and enjoy the lands aforesaid to them their heirs and assignes forever, which said agreement and settlement of the said estate of our said deceased father, we the said Richard Kerby, the son, and Sarah Allen and Ruhamah Smith the daughters now surviving of the said Richard Kerby, do hereby ratify and confirm for us and every of us by these presents, and for our heirs, and executors and administrators and every of them forever. In testimony whereof we the said Richard Kerby the son, and Sarah Allen and Ruhamh Smith the daughters, of said deceased, hereunto set our hands and seals this twenty one day of July in the sixth year of his Maj. reign, Anno Domini 1707."
In presence of:
Richard Kerbey Henery Howland
Sarah Allen Samuel Mareha [his mark].10
In the name of God etc. in the fourth year of his Majes reigns James the second by the grace of God King of England, Scotland, France & Ireland Defender of the faith,etc. I Richard Curby being weake of body but of sound & perfect memory do make and ordain this my last will & testament in manner & form following,
First: I bequeath my body to the earth out of which it was taken and my soul into the hands of God that gave it. To my two sons Thomas and William all my lands and meadows with housing & fruit trees to be equally divided between them which lands above mentioned I give to my two sons & their heirs forever & it is my will that if any one of my sons dye without issue that then his surviving brother, also my wife Elizabeth Curby shall possess & enjoy this place & homestead on which I live with the housing & fruit trees, also it is my will that my wife shall have my swamp or meadow which lyes by the street with a piece of meadow & upland lying on the east side of the creek before my door and also ten acres of land in the next division during her widowhood.
Item: I give to my son Thomas all my carpenters tools also+ it is my will that n cart & plow tackling shall be equally divided between my two sons Thomas & William only my wife shall have the use of them during her widowhood.
Item: I give to my two daughters Elizabeth & Mary all my movables which shall be equally divided between them only I give to wife's son Ichabod my mare & one yearling heifer which is of brendled colour.
Item: I give to my wife's daughter Anne one yearling heifer.
Item: 1 also do constitute & appoint my loving wife Elizabeth Curby to be my executrix & she shall first pay all my debts out of my movable estate & then the remainder shall be divided as before is expressed but if either of my two daughters do happen to dye without issue it is my will that the surviving sister shall have her part of the movables to as a testamony that it is my last will I sett to my hand & seal the twenty seventh day of October 1688.
Item: I do appoint James Townsend & Job Wright as overseers to see this my will performed.
In the presence of
"R" Richard Curby his mark, George Leane his mark, John Davis, Job Wright, James Townsend
Bee it known by these presence that I Richard Curby of Littlewiorth mentioned on the other side of this my will do upon further consideration give to my wife's son lchabod in lieu of the yearling heifer which by me was given to him as by my will on the other side may appear two cows which two cows shall be delivered unto him when he the said Ichabod shall or doth attain the age of twenty one years old he being or remaining with his mother and performing the duty of a child to his mother by managing her affairs until he does attain to the age above mentioned & in testimony that this is my act & deed, I have hereunto set my hand this 29th day of October 1688.
"R" Richard. Curby his mark.8,9
Richard departed this life before 10 January 1689 in Queens County, Long Island, New York, at "Little Worth" in the Town of Hempstead. His will was probated on 10 January 1689. On 10 Jan.1688/9 James Townsend, Job Wright, and George Deane swore that they had witnessed the signing of the will and the widow gave bond and was instructed to render a true inventory to the court at its next meeting. After Richard's death, the children of Richard's first wife, his family that remained in Dartmouth, recorded a letter confirming the division of their father's estate, as to his wishes.
"To all people to whom these presents shall come, greetings: Where as Richard Kerby, formerly of Dartmouth in the County of Bristoll in the Colony of New Plymouth in New England sometime more than nineteen years since died intestate and left some personal estate undisposed of, he having before his death given and disposed of his lands unto his two sons, viz., to his son Richard Kerby, now of Dartmouth, one quarter of a snare of lands throughout the said town of Dartmouth, both divided and undivided, and one other quarter of a share unto his other son Recompense Kerby, then of Dartmouth aforesaid, and which was enjoyed and possessed by his said sons sometime before and at the time of his death of the said Richard Kerby their deceased father. Now know ye therefore that we, Richard Kerby, the son of said deceased, and Sarah Allen and Ruhamah Smith both of Dartmouth, widows, and both daughters of said deceased, together with the said Recompense Kerby our brother then of said Dartmouth and Jane Lounders our sister,then of Sandwich in the County of Barnstable now deceased, did all mutually agree unto and divided the personal estate of our said deceased father after his death and amongst ourselves, agreeing and concluding that the said Richard Kerby and Recompense our two brothers aforesaid should have and enjoy the lands aforesaid to them their heirs and assignes forever, which said agreement and settlement of the said estate of our said deceased father, we the said Richard Kerby, the son, and Sarah Allen and Ruhamah Smith the daughters now surviving of the said Richard Kerby, do hereby ratify and confirm for us and every of us by these presents, and for our heirs, and executors and administrators and every of them forever. In testimony whereof we the said Richard Kerby the son, and Sarah Allen and Ruhamh Smith the daughters, of said deceased, hereunto set our hands and seals this twenty one day of July in the sixth year of his Maj. reign, Anno Domini 1707."
In presence of:
Richard Kerbey Henery Howland
Sarah Allen Samuel Mareha [his mark].10
Family 1 | Jane (?) |
| Children |
|
Family 2 | |
| Children |
|
Family 3 | Elizabeth (?) |
Citations
- [S377] Bertha W. Clark, Richard Kirby of Sandwich, Dartmouth, & Oyster Bay, pages 1-10; page 8 - First wife's children's statement of their inheritance from their father.
- [S166] John Osborne Austin, Genealogical Dictionary of Rhode Island Families, page 324 - Thomas Hopkins, of William was born: 1616; died: 1684; 1675 - Oyster Bay. He removed here at the outbreak of King Philip's war or a little earlier, with a son who died before his father; September 17, 1684, it was ordered by the authorities of Oyster Bay, on the application of William and Thomas Hopkins, of Providence, sons of deceased Thomas Hopkins, that an inventory should be taken on the estate of said Thomas Hopkins, Sr., who had deceased at the house of Richard Kirby, of Oyster Bay; 10 Nobember 1684 - On receipt of a letter from Richard Kirby in regard to the death of Thomas Hopkins, the two sons in Providence to whom the letter was addressed, wrote to the Selectmen of Oyster Bay, of plantation called Littleworth, asking them to appoint Ephraim Carpenter and William Thornicraft to look after the matter of the estate for them: "For we do conclude them to be men knowing as to our father's affairs," &c.; 29 October 1685 - Administration on the estate having been given to the oldest son, William Hopkins, he wrote at this date to the authorities at Oyster Bay, that with consent of younger brother Thomas he desired the estate movable of his father divided as follows: To our sister Elizabeth Kirby, wife of Richard Kirby, 10s., and to each of her children by him, 5s., and all the rest of estate not before disposed of to the two children Anne and Ichabod of our said sister Elizabeth which she had before she married Richard Kirby. The administrator appointed as overseers, Ephraim Carpenter and William Thornicraft of Musketo Cove, and Richard Kirby of Littleworth, to look after the interests of the two children.
- [S115] Genealogical Dictionary of the First Settlers of New England, Showing Three Generations Of Those Who Came Before May, 1692, On The Basis Of Farmer's Registar, Volume II: page 31 - Richard Kirby of Lynn, removed 1637 to Sandwich. By wife, Jane, had Increase & probably Abigail, twin born February 1650 of which Abigaail was buried the same month & Increase the next month. And the mother & her son, Richard were buried in March of that year. He was imprisioned as a Quaker in 1658, may have taken Oath of Fidelity 1684 where he married 2 November 1678 Abigail Rowland of Dartmouth - perhaps as 2nd or 3rd wife. By former wife, Patience, he had at Dartmouth Sarah 1 May 167, John March 1673, & Robert 10 March 1675. Perhaps he was of Oyster Bay 1685.
- [S828] Bertha W. Clark, Richard Kirby of Sandwich, Dartmough and Oyster Bay
, pages. - [S739] Peter Wilson Coldham, The Complete Book of Immigrants, Section 2, chapter 30 1635, page 119 - "Assurance" of London, Mr. Isack Bromwell, ship master, for Virginia. After examination of the minister of Gravesend.
- [S828] Bertha W. Clark, Richard Kirby of Sandwich, Dartmough and Oyster Bay
, pages 2-3. - [S828] Bertha W. Clark, Richard Kirby of Sandwich, Dartmough and Oyster Bay
, page 3. - [S377] Bertha W. Clark, Richard Kirby of Sandwich, Dartmouth, & Oyster Bay, page 7 - Richard's will dated: 27 October 1688 & probated: 21 July 1707.
- [S828] Bertha W. Clark, Richard Kirby of Sandwich, Dartmough and Oyster Bay
, page 7 - Will of Richard Kirby dated. - [S828] Bertha W. Clark, Richard Kirby of Sandwich, Dartmough and Oyster Bay
, pages 9-10.