Will of John Kilbourn of Connecticut

From: The History and Antiquities of the Name and Family of KILBOURN, by  Payne K. Kilbourne, 1856.  Pgs. 53-55.


John Kilbourn was my 8th great-grandfather. (Original will is below.)

"LAST WILL AND TESTAMENT OF JOHN KILBOURN, Sen'r.,

LATE OF GLASSENBURY, Deceased.

"In the name of God, Amen. I, John Kilbourn, Sen'r, of the Town of Glastenbury, in the County of Hartford, in the Colony of Connecticut, in New England. Knowing that it is appointed for men once to die, and considering the uncertainty as to the time of death, withall knowing it to be the Will of God, who in his tender visitation calls upon me to set my house in order before I die, and I being (though weak in body) yet of perfect and sound understanding and memory, and of disposing mind, Praise be to Almighty God, Do make and ordain this my last Will and Testament in manner and form following. I commend my soul into the hands of Almighty God, hoping through the merits of Christ to obtain free pardon of all my sins and to inherit Eternal Life, and my body I commit to the Earth to be decently buried at the discretion of my Executors hereafter named ; and concerning my outward Estate, since the Earth is the Lord's and the fullness thereof, to him therefore belongs the Praise that I possess in this kind ; and as for the portion thereof that he hath given me, it is my mind and Will that after my decease, the same may be disposed of as followeth.
Imprimis. I Will that my just debts and funeral charges, be well and truly paid and discharged.

Item. I give and bequeath to my beloved Wife, Elizabeth Kilbourn, the sole benefit and improvement of my Dwelling House, and the improvement of three quarters of my Barn, as also the use and improvement of three quarters of my meadow and uplands, with the use and benefit of my Orchard, all being in Glastenbury aforesaid, and she to have the use of the same during her natural life. I also give unto my said Wife, the one half of my moveable estate, also all the Estate that was her own before I married her, to be forever at her own use and disposal. I also give to my said Wife, one Cow, also so much of my provisions of all sorts whatsoever, as may be for her comfortable subsistence the year ensuing.

Item. I give unto my son, John Kilbourn, all my Land that is Eastward of the Land that I give to my son David, That is to say, the East End of my farm in Glastenbury aforesaid, bounded upon my said son David's land West, and undivided land East, lands of Thomas Kilbourn, Sen., South, and lands of Samuel Hale, North, to be to him my said son John, and to his heirs and assigns forever. I also give unto my said son John, Mr. Perkin's Book, with a share of my other small books, to be at his own disposing forever.

Item. I give unto my son Ebenezer Kilbourn, Mrs. Taylor's book on Titus, a share in the small books, a share of the moveables, to be at his own disposing forever — having regard to what moveables he hath already had.

Item. I give unto my son, Jonathan Kilbourn, all my labor which I laid out upon the lands in Colchester, which he now possesses and enjoys, vizt, the clearing of three acres of land, with all the Posts and rails, and a Frame, to be to him and to his heirs and assigns forever. Also Mr. Elton's Sermon book, with a share of my small books and remaining moveables, having regard to what moveables he hath already had.

Item. I give unto my son, Benjamin Kilbourn, my pasture land, butting East upon a highway lately laid out by the Town, if said Highway is improved, but if not, to butt upon my said son David's lot, and West upon my upland field, North upon the said Samuel Hale, and South upon Joseph Hill, Sen. — Provided he returns home to settle upon it, and if he return not home, and settle as aforesaid, then the same shall be equally divided between my four sons, viz., John, Ebenezer, David and Abraham, to be to them and their heirs forever. I also give unto my said son, Benjamin, Mr. Hooker's book, with a share of my moveables, to be at his disposal forever.

Item. I give unto my said son, David Kilbourn, one half mile in length of my said Farm in Glastenbury, to butt West upon said Highway lately laid out by the Town as aforesaid, if said Highway be improved, if not, then to butt upon my said pasture hereby given to my said son Benjamin, and to extend Eastward half a mile, butting East upon Land I Also give to my said son John, North upon said Samuel Hale, and South on said Thomas Kilbourn, and partly upon said Joseph Hill, to be to him and to his heirs and assigns forever. I also give my said son David, my Great Bible and a share of my moveables, to be to his disposing forever.

Item. I give to my son Abraham Kilbourn, my Dwelling House, Barn and Orchard, with all my meadow land within said Town of Glastenbury, and my upland from the pasture aforesaid to the meadow, to be to him and to his heirs forever, after my said Wife shall be deceased, he having the use of one quarter part of my said House, Barn, Orchard, Meadow and Upland, during her natural life, if she needeth it not for her comfortable subsistance. I also give unto my said son Abraham, Mrs. Fox's book of Time, &c., and Mrs. Doolittle's book of the Lord's Supper, with a share of the moveables, to be at his disposing forever, and also my Horse Colt, to be to him forever. Further, it is my mind and Will, That such of my Children as have their share of my Housing and lands, may sell their shares to none, save to other or some other of their Brethren. Further it is my mind and Will that my Debts be paid by my Executors in manner following, (viz.,) one half of my moveables being set out to my beloved Wife, in such things as may be most for her comfort and subsistence, my debts to be paid out of the remaining part or half, and when my debts are paid, what remains of moveable Estate to be equally divided between my aforementioned sons, Ebenezer, Jonathan, Benjamin, David and Abraham, always accounting that what estate my said Wife brought with her when I married her, be not deemed my Estate. And further, it is my Will, that my said sons, Benjamin, David and Abraham, shall yield a convenient way for Horse and man, to, and from, and through each others' Land, as well for their advantage as for the advantage and ease of my said son John, that he may pass to his Land, which in this my Last Will and Testament, I have given unto him, unless the aforesaid Highway laid out lately by the Town shall be improved for that end, and then if the Town shall make use of that Highway, my son David shall only and alone be obliged to yield to John a convenient way for horse and man, to his own land as aforesaid. Further it is my Will, that my son John shall not deter or hinder any of my other sons from cutting and carrying off wood from his land, so long as the same shall lie unfenced. Lastly, I appoint my beloved Wife, and my beloved son Abraham Kilbourn, to be my Executors of this my last Will and Testament. In testimony that this is my last Will and Testament, I have hereunto set my hand and seal this fifth day of December, in the year of our Lord one thousand seven hundred and ten, and in the ninth year of the Reign of our Sovereign Lady Anne, Queen over England, &c.

JOHN KILBORN, Sen. [seal]

Signed and Sealed in presence of

Samuel Smith, Mary Smith, Philip Alcock."