Will Book __, Page 280

State of Tennessee Hawkins County

In the Name of God, Amen.

I Robert Kyle of the County of Hawkins and State of Tennessee, being indisposed, but of sound mind and memory & calling to mind the mortality of life & that it is appointed once for all men to die, do make, ordain and declare this my last Will & Testament, revoking all others by me heretofore made, that is to say:

First. I recommend my soul unto the hands of God who gave it and my body to a decent Christian burial,

and after the expense of the same are defrayed, I give and bequeath the residue of my Estate, goods & chattels of which it hath pleased God to bless me as follows:

I will & bequeath to my loving wife Leah Kyle, formerly Leah Brooks the following property to her use during her life, to wit: My negro fellow named Mingo and his wife Sarah with Bass and a negro girl called Betty, daughter of Comfort with their increase if any there be, also my wagon and three horses to wit: The gray horse, a horse called Doctor and a sorrel horse called Rock, Five cows and calves, two of the best of my steers, together with two or three of my young steers & heifers with as many of my hogs as she may think proper to take. Three beds & furniture, one Table with as much kitchen furniture as may be necessary for her use, together with as much corn, wheat, rye, oats &c as may be necessary for her support for one year. All of which my wife is to have the benefit of during her natural life

& at her death, Mingo and his wife to be valued together by my Exec’s hereafter to be named and if Mingo and Sarah choose any of my four Legatees as a master, to wit: William Kyle, the heirs of John Maples, the heirs of William Simms and heirs of William McCarty But the mother of Maples heirs and the mother of the Simms heirs to have the use of said parts during their natural lives and they are willing to take them at valuation, then and in that case the Legatees that Mingo and wife choose as master, if he thinks proper to take at their said valuation as above, then said Legatee to pay the rest of the Legatees their several proportions of said valuation.

But if Mingo and wife choose any other person for master and that person is willing to take them at their valuation and pays the Legatees their respective shares, then and in that case the Legatees are bound to receive the same, but if neither the Legatees nor any other person chosen by Mingo and wife for master, then will not take them, then and in that case Mingo & wife are to be ballotted for by the four Legatees above named and which ever draws them to pay the other three their respective shares of valuation,

and the negro girl called Betty willed to my wife during her life — her and her increase if any there be — to go to my two grandsons Gale and William Kyle, sons of Thomas Kyle, dec’d

& the other negro Bass willed to my wife during her natural life, I wish at her death to be valued by my Executors and to be drawn for by the following Legatees or by the Executors for then: McCarty heirs, Polly Maples Patty Maples and William Kyle. Whichever one draws him to pay the rest their respective shares of said valuation, share and share alike. But if drawn by Polly Maples or Patty Maples, at their death to descend to their children which they now have or may have by their husbands.

The remainder of said property willed to my wife, at her death to be sold & proceeds equally divided among the above named heirs, including my son Absalom Kyle also.

Item. 2. I do further will to my grandson William Kyle who now lives with me one negro girl called Sallie, child of Kate, to him and his heirs forever.

Item 3. I give & bequeath to my grand daughter Nancy Wilson, formerly Nancy Kyle, daughter of Robert Kyle, dec’d, my negro boy Abraham with Mary daughter of Comfort, to her and her heirs forever, provided Sam’l Wilson, husband of Nancy receipt my heirs in full for all the demands they may have on me as Administrator of Robert Kyle, dec’d.

Item 4. For and in consideration of the dutiful and faithful services to me rendered for a number of years by my three slaves, Babtit, Fell and Hattie, Fell‘s wife, it is my will and desire that at my death they be set at perfect liberty and no longer be held in servitude by my heirs or any other person whatsoever.

Item 5. It is my further will and desire that my two grandsons, Gale and William Kyle, sons of Thomas Kyle, dec’d, have the tract of land whereon my son Absalom, now lives after the death of my wife Leah, but my wife to have a life estate in and to the same.

Also, I wish said two grandsons to have the following negroes, to wit: My negro fellow Jack, my negro girl Comfort, her young child named Jenny. To them and their heirs forever, and to the above named Gale Kyle, I will my rifle gun, to him and his heirs…

Item 6. It is further my desire that the residue of my negroes, to wit: Kate with her four children — Violet, Tom, Betty and Nancy — together with Harry be divided into four equal lots as near as may be by my Executors, to be valued by the sane and drawn by them in four lots: One lot for Polly Maples, and one lot each for Patty Maples, McCarty heirs and William Kyle, and if lots not be equally divided, the lot or lots of greater value to pay the lot or lots of lesser value the difference in money.

Item 7. It is my desire that my son Absalom Kyle have my set of black-smith tools with my writing desk, to him and his heirs forever.

Item 8. I further will & desire that all the residue of my Estate of every denomination not hereby disposed of be sold by my Executors and the proceeds equally divided among the following heirs, to wit: McCarty heirs, one share and one share each to Polly Maples, William Kyle, Absalom, Kyle.

Item 9. I wish it to be expressly understood to be my will that all the estate devised by this will to Polly Maples and her heirs and Patty Maples and her heirs is to go to the said Polly & Patty during their natural lives, then to descend to all their children equally.

Item 10. It is further my desire and wish & I do hereby constitute & appoint my beloved son Absalom Kyle and my true & trusty friends John Young and William Hord my Executors to this my last Will & Testament & do hereby revoke all others heretofore by me made.

In witness whereof I Robert Kyle have hereunto set my hand and affixed my seal This 21st day of September in the Year of our Lord, 1820.

Robert [X] Kyle (seal)

Signed, sealed & acknowledged in the presence of us:

Cleon Moore
John Brooks
Thomas Cox

This Hawkins County Will was transcribed by one of the following volunteers:  Audrae Mathis; Gary Fletcher; Betty Mize; Diana Arney; Karen Negron, Kathey Welder.