We are working to prove that the Jane Kilborn who married Thomas Evans and also was known as Margaret J Kilborn is the daughter of William Kilborn. In the first part of this proof, we shared our DNA connections with this line, and pertinent pages of Payne Kenyon Kilbourne’s book “The History and Antiquities of the Name and Family of Kilborn”. Today we’re sharing William Kilborn’s will which was written on May 17, 1840 and proved on July 5, 1845.
The key aspects of this will are:
William leaves his family the fifty acres of land of Lot No 103 in the 18th Township of Scriba Patent.
He names his wife, Margaret and his children Lester (eldest son), William F, George, Eliza Ann (now married to Thomas Kibbe), Julia A, Margaret J, and Bricy M. (ages 6 to 18 when he died later that year)
The sons received double the estate of the daughters with the exception of Eliza whose proportion is $50 less than the others as she already received her proportion.
The children must remain under guardianship until the age of 21.
William names his wife Margaret and his friend Simon Tuller of Mexico, New York as executors and asks that his estate support the education of his children.
THE WILL OF WILLIAM KILBORN
In the name of God Amen! I William Kilborn do make and
declare this my last Will and testament in manner and force fol
lowing. First I resign my soul into the hands of Almighty
God hoping and believing in a remission of my sins by the
merits and mediation of Jesus Christ. And my body I commit
to the Earth to be buried at the discretion of my executors herein
after named and my worldly estate I give and devise as
First I order and direct that all my past debts and funeral
expenses to be punctually paid out of my personal estate.
Second, I give and devise unto my wife Margaret
during her natural life all that certain piece or parcel of Same
being fifty acres of Lot No 103 in the 18 Township of Scriba’s Patent
being the same premises and appurtenances now occupied by me
in the town of Scriba in the county of Oswego and state of New
York and after the decease of the said Margaret there to be divided
between my heirs in such a manner and force as hereafter directed
or the avails of said Land and real estate at the discretion of
my executor hereinafter named providing they should see fit to
dispose of the same for the benefit of the said Margaret and my
said children hereinafter named. But it is explicitly understood
my widow and provides for said takes the provision of my minor
children hereinafter named.
Also I will and order that the executors of this my last will and
Testament or therein Executor or Executors should it become necessary so to
do in order for the full payment of my debts (in case the personal estate
should have inadequate for the payment thereof, in that case I give
them full power and authority to bargain sell and ???? in fee simple
all of my real estate hereinbefore mentioned or any part or parcel
thereof or to mortgage lease or otherwise rent or dispose of the same
in order that my said debts be fully paid, and also to execute and
deliver good and sufficient deeds of conveyance or a good and
sufficient Lease or Mortgage of the same or do so in the premises as
they shall see fit and proper and for so doing then shall be their
And I do hereby appoint my ???? friend Simon Tuller of the town
of Mexico in the county of Oswego and State of New York Executor
and my said wife Margaret executrix of this my last will and
testament having full confidence in their ability and integrity
to execute the same
Fourthly, In reference to final distribution of my said Estate
assuming my several heirs above alluded to and in accordance
with the foregoing bequest I direct that my said children receive
from the avails of my said Estate as follows,
To Lester Kilborn, my eldest son the sum of one hundred dollars
to be paid if consistent out of the avails of the premises and in
case it is not consistent so do do, the same to remain, without interest
until the final distribution of the said Estate, and the residue
of my said Estate to be distributed as follows among the several
heirs, first to William F, Lester & George L my three sons, a portion
double that of my daughter which are named as follows, Eliza Ann,
now the wife of Thomas Kibbe, Julia A. Margaret J & Bricy M.
with the exception of my said daughter Eliza Ann is to have de
ducted from her proportion the sum of Fifty Dollars which she has
already received out of any property.
And I do hereby consent the guardianship of all my children until
they shall respectively attain the age of twenty one years unto my said
wife during her life if she shall so long continue my widow and
I do hereby declare that the expenses of the maintenance and edu
cation of my said children until they shall attain the age
aforesaid or become entitled to the sums or proportions of money
hereby provided for their benefits respectively shall be paid and ??????
by my said wife by and out of the moneys and estate given and
bequeathed to her and thus by this will or such paid, thereof a, she
shall see fit so to bestow in their said education and maintenance
And all the residue of my personal real estate whatsoever
and where such of what nature kind and quantity so ever the
same may be and not here before disposed of I do hereby bequeath
and devise to my said wife Margaret and after her death to my heirs
as her in before provided.
In witness whereof I have hereunto set my hand and
seal this 17th day of May A.D. 1845
Signed sealed published & declared by the
said Testator as for his last will and testament
in the presence who at his request in the presence
and in the presence of each other have ?????
one named as witnesses thereto Wm Kilborn
Albert G Cole, Mexico, Oswego County, New York
Moses W Buynre, Mexico ,Oswego County, New York
In the next blog we’ll share documents related to the sale of this land that show that Margaret J (also known as Jane) who has married Thomas Evans is his daughter.
All posts on this website are a work in progress. We’d love to learn of any corrections or additions to the information shared. Also we’d love it if you’d like the post here or at http://www.facebook.com/shackfordgenealogy) as that helps share the post with others. Thanks!
“New York Probate Records, 1629-1971,” digital images, FamilySearch (http://familysearch.org : accessed ); Film # 005116276, Book B, page 278-279, image 238-9 of 480.
Copyright 2019 Joanne Shackford Parkes (sharing a link to this post is appreciated but please do not copy this material and paste it elsewhere)