Book A, Transcript Page: 77

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 & memory thanks be to God, do make and establish this my last will & 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 & two Feather Beds & 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 Nevell wife of Mathew Nevell one negro girl by the name of Louellin which she hath in her possession & her heirs forever. Fourthly I give unto my Daughter Emely Kirby one Negro Girl by the name of Charity one feather bed and furniture one woman Saddle one cotton wheel & 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 & furniture one woman Saddle one cotton wheel and cards & 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 & furniture one cotton wheel and cards and two sitting chairs to her and her heirs forever. Seventhly, I give to my Norwood Kirby one negro boy by the name of Newbern one young horse colt to him and his heirs forever. Eightly, 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 & desire for my just debts to be paid first the debts that is now due & unpaid with the money due me as far as they will go so my gray horse by the name of Saul to be sold his value to be applied to pay as much of the ballance he may sell for the then ballance sell for the then ballance to be made of my estate in that way & manner as my beloved wife may think best, either by the hire of a negro man Jeffrey or 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 and principally mean the money for the lands bought from Doctor Calvin Jones sold to me by his Agent Atlass Jones it is my will & desire that my beloved wife should have the following opportunity & priviledge to meet those debts against my estate that she my said wife should hold all & every part of my estate in her possession that has not alreddy been disposed of namely Jeffrey Barhan Lucy Milly Martha and Hannah four head of horses my wagon and gear my Stock of Cattle Hoggs plantation utentials household and kitchen furniture the use of all my lands and every other article of my estate during her my said wifes life time or widdowhood or otherwise until the said debts be fully paid off for her in that way she may think proper meet the several demands but in case of the debt or marriage or inter furture of 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 & Parham, if their hire will be sufficient – if not out of my personal estate I wish to be fully understood, the notes of hand made to me from Mathew Nevell for the two hundred acres of said land, for the amount of said notes to be also applied to the payment of the notes, made by me to the said Jones for the land I purchased of him as before stated, Eleventhly after the death or marriage of my beloved wife Ann Kirby its 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 Kalaspa Kirby to them and their heirs forever, also my wagon & team to be sold and equally divided between the above named sons. Twelvthly It is my will & desire that every other articles of my property after the death of my said wife or marriage to be sold at a credit of twelve months, the money thus arising first for my Daughter Emely Kirby to have ten dollars, secondly, for my daughter Rebecca Kirby to have ten dollars, thirdly for my daughter Nancy Kirby to have twenty the balance to equally divided between all my children, namely Elizabeth Emely Rebecca Mahala Norwood Nancy Henry & Kalaspa tothem 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 & 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.

Isaac Kirby (Seal)

State of Tennessee)
Carroll County Court) November Term 1839

This day the last will and testament of Isaac Kirby deceased was produced in open court in open Court whereupon Samuel J. Nesbitt, John Morgan James Roper & Mathew Nevell appeared also in open court and who being first swon depose and say that they are personally acquainted with the hand writing of said decedent and that they believe said will to have been signed by said Kirby in his own proper writing and for the purposes therein specified which said will thus proven is ordered to be recorded.

Whereupon David Green the executor named in said will appeared in open Court and entered into bond as said executor in the sum of two thousand dollars with Mathew Nevell & Henry Kirby his securities thereto and took the oath the law directs.

A Copy Test
G. Hern Clerk
By J. R. Smith, D. C.

This text was transcribed by Jere Cox from the typescript entitled Tennessee Records of Carroll County Will Book “A” September, 1822 – 1864 (approximately) created in 1937 under the Works Progress Administration.

Corresponding Resource: FamilySearch has a microfilm copy of the WPA transcript of Will Book A available to view on-line (click here).  A free FamilySearch login is required to view microfilm.

Jere Cox was an early Carroll County TNGenWeb coordinator.  We do not intend to violate Jere’s copyright interests by including the transcription here, but we want to make sure his efforts remain available for future researchers.