Kirkby, William

Birth Name Kirkby, William
Gramps ID I0014
Gender male
Age at Death 82 years

Narrative

William was born in Underbarrow, Westmorland in 1745 (in his Will he is referred to as "William of Little Tullythwaite" and likely lived there his whole life).
He was one of at least four children born to George Kirkby "of Little Tullythwaite, Underbarrow" & Agnes Fothergill.
(William's siblings were George (1748), Thomas (1743), John (1751), and there may be others)
He married Elizabeth Cape (daughter of John and Mary Cape) on 2 Feb 1780 in Uldale (the Capes came from Uldale, Cumberland area and had a Reverend at the Church during this period).
William and Elizabeth had their first child, Rev John Kirkby, christened in Uldale in 1780.
A daughter Mary was baptized in 1782 in Underbarrow.
George and Agnes (likely twins) were baptized in 1784 in Underbarrow.
On 25th December in 1788 a daughter Elizabeth was baptized in Uldale (Had they returned to Elizabeth's parental home, or is this a mistaken entry given a later daughter Elizabeth was also baptized on 25 Dec 1796 in Underbarrow?)
Their next three children were William, Henry, and Elizabeth all baptized in Underbarrow in 1792, 1793, and 1796.
William died in 1827 likely owning, or part owning, both Little Tullythwaite and High Cragg.
(It's possible he built or part-built Tullythwaite House circa 1820 because his son George is living there by 1841 census).

Narrative

In our Will record for "William of Little Tullythwaite" we have reference to his sons John, George, and Henry regards them being acknowledged (in court in 1866) as mutual executors of High Cragg. This suggests William owned both Little Tullythwaite (where he lived) and High Cragg when he died in 1827.

William's Will refers to him as "William of Tullythwaite" and 1866 Will reference has 1823 and 1827 entries "exclusive of the intack but inclusive commonage of High Cragg". The 1866 event is a court proof that John, George, and Henry were considered the Will executors (possibly done to prove inheritance link for later children).

His parents George and Agnes were at Little Tullythwaite in at least 1743, as it is recorded in their marriage record as "George of Little Tullythwaite, Underbarrow". Whether George also owned High Cragg is not yet known, but there are some entries for George Kirby (without a K) showing up in other areas of Underbarrow (more research required).

(When searching for records before 1800 it is common to find people referred to as Kirkby or Kirby (without the K) intermittently.)

Narrative

(Note: this section may move or be repeated elsewhere in future website updates. It is here for now only for convenience)

*** Little Tullythwaite in Underbarrow, Westmorland:

1743 - William's father George (1708/1718? to 1763) was living at "Little Tullythwaite" in 1743 when he was married to Agnes.

William (1745 - 1827) likely lived his entire life at "Little Tullythwaite". In his Will he is referred to as "William of Little Tullythwaite".

 

*** Tullythwaite House, Underbarrow

1820 - Tullythwaite House is built around this time (its possible a tannery was next door already)
(It's possible William of Little Tullythwaite built Tullythwaite House circa 1820, as son George is living there by 1841 census).

1841 to 1851 - William's son George (1784-1860) is recorded living at Tullythwaite House in his 1841 & 1851 Census.

1861 - George's son Rev George and wife Elizabeth (daughter of Rev John) are living at Tullythwaite House in 1861 Census.

1871 - Tullythwaite is in hands of Rayne family (but is it rented out or has it been sold?).

1911 - Tullythwaite is in hands of Ross family (but is it rented out or has it been sold?).

(Between 1919 and 1925 Elda Mary Kirkby is orphaned and claims to have gone to live with "Aunts" at Tullythwaite House, later calling a house she co-built in "Rhodesia" after Tullythwaite)

 

*** High Cragg, Westmorland:

1784 - Cumbrian Archive Conveyance - "(1) Catharine Hardy of Kendal, Widow (2) Robert Scarth of Kendal, Yeoman, only son and heir of Bridget Scarth, late of Kendal, Widow, deceased (3) William Kirkby of Tullithwaite in Underbarrow, Yeoman. Recital of the Mortgage of 1782, made between Bridget Scarth and (1) and subsequent death of BS intestate, soon after. (2) has agreed to sell High Cragg, Underbarrow to (3)" - It seems from this that William buys High Cragg earlier than 1810, as per next entry.

1810 - Our records Will entry- "Abstract of Title" checked 1866 says "Mrs Scarth & son William Scarth (Catherine Hardy) sell High Cragg to William Kirkby for GBP630 under marquis fee to Sir James Lowther and william, Earl of Londsdale, granted 17 Dec 1810". (seemingly this is pre-dated by the conveyance sale in 1784)

1823 & 1827 - William of Little Tullythwaite will amendments involve "exclusive of intack but inclusive of inclosure of High Cragg" part of an entry in 1866 to ascertain that William's songs John, George, and Henry are the rightful executors.

1841 to 1861 - William's son Henry (1793-1864) is recorded as living at High Cragg in his 1841, 1851 and 1861 Census.

In 1862 Rev John (William's son) dies and bequeths his share of High Cragg to his son John.
in 1864 Henry dies (William's son) and bequeths his share of High Cragg to his daughter Elizabeth.
in 1865 John and Elizbeth Kirkby marry (as cousins), and are living at High Cragg (farming 103 acres) in 1871.

1881 High Cragg leaves Kirkby hands when John & Elizabeth sell High Cragg estate in 1881 to local land owner George Dixon Atkinson & William Willison (pawnbroker), and move to Manchester.

 

ADDITIONAL NOTES*

William's son George (1784-1860) may have had mutual ownership of High Cragg, but our records only show his ownership of Tullythwaite which he passes to his son George (b. 1835) who marries his cousin (Rev John's daughter) Jane Mary Kirkby to keep both properties in the Kirkby family.

If William (b. 1784) owned High Cragg and Little Tullythwaite, what did his brothers own? Thomas (b. 1743), John (b. 1751), George (b. 1748).

There is a mysterious "Geo Kirkby trustee" note in the sketch map showing when High Cragg is sold in 1881. This is likely in the Strickland Ketel area, but there is no other mention of it at all that I have found as yet.

Miles Bateman (owner of Tullythwaite Hall, the main property a short walk from Little Tullythwaite) and Miles Kirby were land owners in Underbarrow & Strickland Ketel during 1600s (details still being researched, but I have not so far been able to find a confirmed connection between them and our family lineage).

Miles Kirby in 1636 inherits land from Adam Shepheard, who in turn inherited land from James Leybourne (possibly of Cunswick Hall) but all this is currently too vague in names and locations to confirm. (baptisms in Kendal are lost from 1630 to 1660 making it impossible to connect people, and the 1652 Civil War forfeit of estates didnt help, research is ongoing).

Events

Event Date Place Description Sources
Birth 1745   baptism confirmed, birth needs citation 1a
Baptism 26 Oct 1745 Underbarrow, Westmorland, England, UK William Kirkby 1745 Baptism in Underbarrow shows parents names 1a
Residence from 1745 to 1827 Little Tullythwaite, Underbarrow, Westmorland, England, UK William likely born, lived, and died at Little Tullythwaite, Underbarrow. He is referred to by that name, as is his father George 2a
Property 17 Dec 1810 High Cragg, Underbarrow, Westmorland, England, UK William "of Little Tullythwaite" purchases High Cragg for GBP630 ("intack" also mentioned in his Will) 2a
Property between 1823 and 1827   x3 Amendments made to his Will regarding High Cragg and his sons John, Thomas, and George 2a
Death 1827 Little Tullythwaite, Underbarrow, Westmorland, England, UK Wm Kirkby Will dated 1827. Will residence: LITTLE TULLYTHWAITE, executor George Kirkby 3a 2a
Will 1827 Little Tullythwaite, Underbarrow, Westmorland, England, UK "Geo Kirkby of Little Tullithwaite" is executor of Williams Will in 1827 3a 2a

Parents

Relation to main person Name Birth date Death date Relation within this family (if not by birth)
Father Kirkby, George [I0016]170819 Aug 1763
Mother Fothergill, Agnes [I0017]estimated 1725estimated 1756
         Kirkby, William 1745 1827
    Brother     Kirkby, Thomas [I0021] 17 Mar 1743
    Brother     Kirkby, John [I0049] 7 Aug 1751
    Brother     Kirkby, George [I0050] 12 Sep 1748

Families

Family of Kirkby, William and Cape, Elizabeth [F0008]

Married Wife Cape, Elizabeth [I0015] ( * + ... )
   
Event Date Place Description Sources
Marriage 2 Feb 1780 Uldale, Cumberland, England, UK William & Elizabeth's first child (Rev John) is est 1780 in Uldale which supports the marriage record (Familysearch unconfirmed see notes) 4a
Event Note

William Kirkby marrying Elizabeth Cape 7 Feb 1780 in Uldale (record is suspicious in FamilySearch and needs research to be confirmed. An update from a Reddit user who could see the image in USA from the website sent the below info) - MDKB Nov 2022.

u/Deseret47 replied to the question on Reddit regards the FamilySearch claim for William Kirby marrying Elizabeth Cape in 1780 in Uldale: https://www.familysearch.org/ark:/61903/1:1:4YGT-GDW2

“It sounds like you can't see the image of the original record that was indexed, but I can. It's actually not the original parish register, but rather a two volume transcription of the registers from 1642–1837. The transcription was created by F. B. Swift in 1970. The reference code for the first volume is DX/483/41. Although I can't find it in the Cumbria Archive Catalog Service (these records were in the Cumbria Record Office — Carlisle when FamilySearch microfilmed them in 1992). It's possible the archive trashed the transcription since they should have the originals.

The transcription reads:

1780 Feb 7 William Kirby of Bownass in Windermere p. county of Westmoreland (Diocese of Chester) (B) & Elizabeth Cape of Uldale in this p. (S) by licence By me RO Bruce curate W: Henry Currey; John Cape; Henry Currey Cape; Joyce Currey”

 

  Children
Name Birth Date Death Date
Kirkby, Mary [I0001]
Kirkby, Agnes [I0003]
Kirkby, Elizabeth [I0029]
Kirkby, Elizabeth [I0057]
Kirkby, William [I0051]26 Jun 1817
Kirkby, John Henry [I0012]3 Feb 1862
Kirkby, George [I0020]178412 Jul 1860
Kirkby, Henry [I0011]17933 Dec 1864

Source References

  1. England Births & Baptisms 1538-1975 [S0009]
      • Date: 26 Oct 1745
      • Page: Birth, Marriage, Death & Parish Records;Parish Baptisms;William Kirkby 1745
      • Citation:

        https://www.findmypast.co.uk/transcript?id=R_872512623

      • General:

        William Kirkby 1745 Baptism in Underbarrow shows parents names

  2. Kirkby Mortage & Will Info papers - copies [S0004]
      • Date: 1862
      • Page: Page 2 of Mortgage & Will copies
      • IMG-20221007-WA0002
      • Citation:

        1866 note: extract from Will of William of Little Tullythwaite. “exclusive of enclosure of ‘Intack’ but inclusive commonage of High Cragg” x3 dates of changes made to son John Kirkby. Amends to make 3 sons executors: John, George, Henry.

  3. Index To Death Duty Registers 1796-1903 [S0013]
      • Date: 1827
      • Page: Birth, Marriage, Death & Parish Records;Wills & Probate;Archive reference IR27/202; Wm Kirkby Will
      • William Kirkby Will in death 1827 - Geo executor
      • Citation:

        https://www.findmypast.co.uk/transcript?id=BMD%2FD%2FDDUTY%2F393794

      • General:

        Wm Kirkby 1827 death Will, Residence: LITTLE TULLYTHWAITE executor George Kirkby

  4. England, Cumbria Parish Registers, 1538-1990 [S0007]
      • Date: 7 Feb 1870
      • Page: "England, Cumbria Parish Registers, 1538-1990", database, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:4YGT-GDW2 : 6 April 2022), William Kirby, 1780; William Kirkby marries Elizabeth Cape 1780
      • Citation:

        https://www.familysearch.org/ark:/61903/1:1:4YGT-GDW2

      • Citation:

        William Kirkby marrying Elizabeth Cape 7 Feb 1780 in Uldale (record is suspicious in FamilySearch and needs research to be confirmed. An update from a Reddit user who could see the image in USA from the website sent the below info) - MDKB Nov 2022.

        u/Deseret47 replied to the question on Reddit regards the FamilySearch claim for William Kirby marrying Elizabeth Cape in 1780 in Uldale: https://www.familysearch.org/ark:/61903/1:1:4YGT-GDW2

        “It sounds like you can't see the image of the original record that was indexed, but I can. It's actually not the original parish register, but rather a two volume transcription of the registers from 1642–1837. The transcription was created by F. B. Swift in 1970. The reference code for the first volume is DX/483/41. Although I can't find it in the Cumbria Archive Catalog Service (these records were in the Cumbria Record Office — Carlisle when FamilySearch microfilmed them in 1992). It's possible the archive trashed the transcription since they should have the originals.

        The transcription reads:

        "1780 Feb 7 William Kirby of Bownass in Windermere p. county of Westmoreland (Diocese of Chester) (B) & Elizabeth Cape of Uldale in this p. (S) by licence By me RO Bruce curate W: Henry Currey; John Cape; Henry Currey Cape; Joyce Currey"

        - (MDKB Note: this clashes with the "William of Little Tullythwaite" in his Will and his father being "George of Little Tullythwaite" before him, but we do have confirmation that Elizabeth Cape was his wife from other records and children baptisms later. But this slightly confusing entry needs looking into as it might change things or point to two families of the same name.)