CARROLL

COUNTY

TENNESSEE



Will of Isaac Kirby

Contributed by Rootsweb List Carroll Co.. unknown contributor

In the name of God, Amen. I, Isaac Kirby of the county of Carroll and state of Tennessee, being in a low state of health, but of sound mind and memory, thanks be to God, do make and establish this my last will and testament in manner and form following.

First, I give unto my beloved wife Ann Kirby, one negro man by the name of Adam, one negro woman by the name of Charlotte, and two feather beds and furniture, to her and her heirs, forever.

Secondly, I give unto my daughter Elizabeth Morrow, wife of Thomas Morrow, one negro girl by the name of Kandice, which she has in her possession, to her and her heirs, forever.

Thirdly, I give unto my daughter Mahala Nevill, wife of Mathew Nevill, one negro girl by the name of Louellen, which she hath in her possession, to her and her heirs forever.

Fourthly, I give unto my daughter Emily Ferby, one negro girl by the name of Charity, one feather bed and furniture, one woman's saddle, one cotton wheel and cards, two sitting chairs, to her and her heirs forever.

Fifthly, I give unto my daughter Rebecca Kirby, one negro girl by the name of Louizer, one feather bed and furniture, one woman's saddle, one cotton wheel and and cards, and two sitting chairs, to her and her heirs forever.

Sixthly, I give unto my daughter Nancy Kirby, one negro girl by the name of Eliza, one feather bed and furniture, once cotton wheel and cards and two sitting charis, to her and her heirs forever.

Seventhly, I give to my son Norwood Kirby, one negro boy by the name of Newbern, one young horse colt, to him and his heirs forever.

Eighthly, I give unto my son Henry Kirby, one negro boy by the name of Elbert, to him and his heirs forever.

Ninthly, I give unto my son Kalash Kirby, one negro boy by the name of Ragland, to him and his heirs forever.

Tenthly, in the following, it is my will and desire that all my just debts to be paid, first the debts that is now due and upaid, with the many due me as far as they will go, so my gray horse by the name of Saul, to be sold and his value to be applied to pay as much of the balance he may sell for, the then balance to be made to my estate in that way and manner as my beloved wife may think best, either by the hire of a negro man Jeffery or a negro man Parham, or both as the need may be, or by the sale of some articles of my perishable estate. Secondly, my debts that is nearest due, I principally mean the money for the lands bought from Doctor Calvin Jones, sold to me by his agent Atlas Jones, it is my will and desire that my beloved wife should have the following oppportunity and privilege to meet these debts against my estate, that she my said wife, should hold all and every part of my estate in possession that has not already been disposed of, namely, Jeffrey, Parham, Lucy, Milly, Martha, and Hannah, four head of horses, my wagon and my stock of cattle, hogs, plantation utensils, household and kitchen furniture, the use use of all my lands and every other articles of my estate during her, my said wife's, lifetime or widowhood or otherwise, until the said debts be fully paid off for her in that way she may think proper to meet the several demands. But in case of the death or marriage or interfailure of my said wife, it is my will and desire for my Executor to meet the above demands for said lands by the hire of Jeffrey and Parham, if their hire will be sufficient. If not, out of my personal estate, I wish to be fully understood that the notes of hand made to me from Matthias Nevill for the two hundred acres of said land, for the amount of said notes to be also applied to the payment of the notes by me to said Jones for the land I purchased of him as before stated.

Eleventhly, after the death or marriage of my beloved wife Ann Kirby, it is my will and desire for the two hundred and twenty acres of land to be equally divided between my three sons, Norwood Kirby, Henry Kirby, and Kalasha Kirby, to them and their heirs forever; also my wagon and team to be sold and equally divided between the above named sons.

Twelfthly, it is my will and desire that every o ther articles of my property, after the death of my said wife or marriage, be sold at a credit of twelve months, the money thus arising, first for my daughter Emily Kirby to have ten dollars. Secondly, for my daughter Rebecca Kirby to have ten dollars. Thirdly, for my daughter Nancy Kirby to have twenty dollars. The balance is to be equally divided between all my children, namely, Elizabeth, Emily, Rebecca, Mahala, Norwood, Nancy, Henry and Kalasha, to them and their heirs forever. And I do hereby nominate and appoint my worthy friend, David Green of said county of Carroll, Executor of this my last will and testament. In witness of this being my last will and testament, I, the said Isaac Kirby, hath hereunto set my hand and seal this 17th day of May 1831, revoking all other wills by me made.

s/ Isaac Kirby Will was produced in open court at the November term of 1839 in which Samuel Nesbitt, John Morgan, James Roper and Matthew Nevill appeared, and state that they are personally acquainted with the hand of Isaac Kirby, and that they believe the will to have been signed by him.

David Green was appointed Executor in the sum of two thousand dollars with Matthew Nevill and Henry Kirby, his securities. s/ G. Hern, Clerk

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