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Kirk Gunby of Somerset County
Will Written 19 Jan 1775, Proved 12 Jun 1780
Somerset County Will EB1:134

This will transcription has been provided by Beth Johnson. Thanks, Beth!




In the name of God Amen, January the nineteenth day of Anno Donno One Thousand Seventeen hundred and Seventy Five, I Kirk Gunby of somerset County in the Province of Maryland Plantation being in perfect mind and memory thanks be to Almighty God for it and calling to mind the uncertainty of this present life and willing to Settle my affairs here on Earth and as for my Worldly Estate which it hath pleased God to bless me with I bestow in name and form as followeth viz.

Imprimus I give and bequeath unto my son John Gunby to him and his heirs and assign forever all that Tract of land called Middle Ridge and also all that tract of marsh called Kirks Chance and also all my right of a tract of land called Chance and also One hundred acres out of a tract or parcel of land or marsh which I bought of Ambrose Dixon on Jeans Island Marshes known by the name of Dixons Lott and likewise all my right and title of that parcell of land I bought of James Gunby out of a track of land called Kirks Purchase and likewise all my right and title of two tracts and land and marsh which I bout of Capt. John Williams at Jones Creek one tract known by the name of Flatt Caps the other by the name of Mistake and likewise one half of the mill and also my Negro man named Walt and also Negro girl named Grace and all my surviving clothes and also my young mare called Jenny and fifteen pounds common money and my silver shoe buckles.

Item, I give and bequeath unto my son Levin Gunby to him and his heirs and assign forever my Negro man named Giddeon and also my Negro boy named Andrew and also my Negro girl named Minta and also fifty acres of marsh that I bought of Ambrose Dixon on Jeans Island Marsh.

Item, I leave unto my daughter in law Elizabeth Gunby widow of David Gunby all my right and title of a tract of land called Crooked Lane in now Sussex County during her natural life and also I leave to her my Negro girl called Jemmy during her, the said widows natural life.

Item I give and bequeath unto my my grandson Stephen Gunby, son of David Gunby after his mother's death all my right and title of a tract of land called Crooked Lane whereon they now dwell to him and his heirs and assign forever.

Item, I give and bequeath unto my grandson Kirk Gunby, son of David Gunby after his mothers death my Negro girl named Jemmy and all her increase after my death to him and his heirs and assign forever.

Item I give and bequeath unto my daughter Sabra Potter to her and her heirs and assign forever my Negro boy named George and also my young Negro woman named Juda and all her increase before the date of this will and after this date and also my Negro girl named Mina.

Item I give and bequeath unto my daughter Mary Cottingham to her and her heirs and assign forever my Negro man named Robin and also my Negro girl named Violet. Now after my lawful debts and legases [legacies?] being paid, for my daughter Mary Cottingham to allow out of her moveable part of my estate the sum of fifty eight pounds common money before she shares her part with the rest of my children it being for favors due her in times past.

Item I give and bequeath unto my son James Gunby one shilling Sterling money of Great Britian to him and his heirs forever.

Item I give and bequeath unto my daughter Sarah Goodman one shilling Sterling money of Great Britian to her and her heirs forever.

Item I give and bequeath unto my daughter Rhoda Conner one shilling Sterling money of Great Britian to her and her heirs forever .

Item I give and bequeath unto my granddaughter Sarah Kirk Gunby to her and her heirs and assign forever my Negro girl named Milley and one feather bed, two sheets, two blankets and one rugg and two pillows and two pewter dishes and six pewter plates and pewter basin and one cow and calf.

Item I give and bequeath unto my daughter in law Elizabeth Gunby, widow of Kirk Gunby to her and her heirs and assign forever fifteen pounds common money.

Item I leave unto my well beloved wife Sarah Gunby my Negro man named Tobe and my old woman Juda and my Negro girl named Hannah. It is my will and desire that after the decease of my beloved wife Sarah Gunby that old Negro Tobe and old Negro Juda may fall to and be the property of my son John Gunby to him and his heirs and assign forever.

Item I leave unto my well beloved wife Sarah Gunby my Negro boy named Jacob during her natural life and after her decease I give and bequeath the said Negro Jacob unto my two daughters Sabra Potter and Mary Cottingham the them and their heirs and assign forever.

Item I give unto my well beloved wife Sarah Gunby one third part of my moveable estate items after my lawful debts and legases [legacies?] being paid and my wifes thirds made up I give and bequeath all the remainder of my estate to be equally dived between and amongst my three children that is to say Levin Gunby, Sabra Potter, and Mary Cottingham to them and their heirs and assign forever but for my daughter Sabra Potter to allow out her part of my moveable estate the sum of twelve pounds common money the she shares her part with the rest of my children it being for favors due her in times past.

Item I do hereby constitute appoint and ordain my son John Gunby to be my whole and sole executor of this my last will and testament and I do hereby revoke, disavow and dismissal of any other former wills or testaments before made by me ratifying and confirming this and no other to be my last will and testament in writing writing I have unto set my hand and seal have affixed the day and year above written.

Kirk Gunby

Signed, sealed and acknowledged in the presence of us

Purnell Outten
Lazarus Lankford
John Kellam

On the 12th of June 1780 then came John Gunby & made Oath upon the Holy Evangals of Almighty god that the written instrument of writing is the true & whole last Will & Testament of Kirk Gunby late of Somerset County deceased that hath come to his hands or possession and that he doth not know of any other.

Before Esme Bayly

The 12th day of June 1780 then came Purnell Outten & John Kellam two of the subscribing witnesses to the written ***** & made oath upon the Holy Evangals of Almighty god that they saw Kirk Gunby the Testator therein named sign & seal this Will they they heard him publish pronounce and declare the same to be his last Will & Testament and at the time of his doing so he was to the best of their apprehensions of sound disposing mind memory & understanding and they subscribed their names as witnesses to the same at the request & in the presence of the testator and in the presence of each other. These deponents further say that they saw Lazarus Lankford (since deceased) sign his name as a witness to the same in the presence & at the request of the Testator

Before Esme Bayly, Register

On the 12th day of June 1780 Sarah Gunby widow of the deceased has signified by letter hereunto ****** that she will not abide by the bequests made to her by her deceased husband and in lieu thereof claims one third part of the deceases estate both real & personal.

Esme Bayly, Register

Dear Sir -- I cannot get to you I am aged & infirm but this ***** to let you know that I shall not stand to or abide by husbands Kirk Gumbys last Will & Testament but make my election as the Law allows me for the One Third Parts of his Estate Personal & Real

Sarah Gunby
June 12th 1780

Letters Testamentary granted to John Gunby the Executor named in the above Will by having first entered into Bond with


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