Will of Elizabeth Rice Kirton

State of Tennessee
Lauderdale County

Submitted by

Elizabeth Rice was the daughter of Charles Rice and Hannah Phillips of Virginia then Marion county. She was born 10 Jan 1783 in Marion, SC.

She married Thomas Kirton (9 Jun 1788--5 Feb 1823) on 18 Oct 1808.

Elizabeth died 19 Nov 1863 in Lauderdale Tenn.

They were the parents of 6 children: Maria Louisa, Elizabeth Margaret, Philip R., Hannah, Thomas J., and Mary. Mentioned in the will are her brothers: Thomas G. Rice and Shadrach Rice of Lauderdale, her grandson, Benjamin Thomas Wilson of Georgetown SC and her daughter, Maria Louisa Walker of Lauderdale.

Elizabeth Kirton’s last will

I, Elizabeth Kirton of Lauderdale county State of Tennessee being of sound disposing mind memory do make ordains establish and publish this instrument of writing to be my last will and testament hereby and herein revoking all other wills heretofore made by me.

In the first place I direct that my executors here after appointed shall pay all my funeral expenses out of any money that shall first come into their hands and that all my just debts be paid by my said executors as soon as possible after my death.

In the second place I give and bequeath to my Grandson Benjamin Thomas Wilson who resides in Georgetown District South Carolina the sum of ten dollars to be paid out of the first money that shall come into the hands of my said executors after my funeral expenses and just debts are paid.

Thirdly I give and bequeath to my great granddaughter Ann Elizabeth Walker one bed and bedstead, a mattress, two pillows and a bolster two blankets, two comforts four sheets, twenty-four silver spoons a dozen Small ones and a dozen large ones, and the sum of one hundred and fifty dollars to be used for her schooling.

Fourthly I give and bequeath to my Brothers Thomas G. Rice and Shadrach Rice the following slaves, namely, one Negro woman Nanny and her two children namely Hannah and William and their future increase to be held by them however in trust for the use and benefit of my great granddaughter Ann Elizabeth Walker and her children should she have any. But should the said Ann Elizabeth Walker die childless then and in that event the above mentioned Negro slaves Nanny, Hannah and William and their future increases to be given share and share alike to her Brothers and sisters free from any trust whatsoever.

Fifthly I give and bequeath to the Said trustee, Thomas G. Rice and Shadrach Rice the following slaves, namely, one Negro woman named Hannah negro boy named Cupid Negro boy named Robert Negro boy named Charles Negro boy named Peter Negro Girl named Zanna Negro Girl named Patty Ann and their future increases to be held by them in trust and none otherwise for the use and benefit of my granddaughter Maria Louisa Walker wife of James P. Walker and her children and for their education and maintenance for and during her natural life free of all times from the debts contracts and liabilities of her Said husband the Said James P. Walker, undivided ably by him contracted. And also free from the debts contracts and liabilities of any future husband she may marry. And at her death Said property and all the increases shall go to and be equally divided amongst the children of said Maria Louisa Walker share and share alike except the Said Ann Elizabeth Walker who has been heretofore provided for in this my last will and testament-and in case of the death of either of the children of the Said Maria Louisa Walker bearing a child of children then such child or children to take his or her or their deceased parents share.

Sixthly It is my will and desire and I so devise and bequeath and direct, that if either of the children of the Said Maria Louisa Walker after the death of her, the Said Maria Louisa Walker shall die having no children-that such share or portion of said property as may be set apart and laid off to such deceased child shall go to the surviving children of the Said Maria Louisa Walker, including the Said Ann Elizabeth Walker, and not to be taken by the Father of Said child as next of kin under the Laws.

Seventhly I give and bequeath and devise all the residue of my property, real, personal and mixed of whatever nature and kind, and where ever situated, to my said granddaughter Maria Louisa Walker and her heirs forever.

Lastly I nominate constitute and appoint Thomas G. Rice and Shadrach Rice my executors of this my last will and testament. And direct that they shall not be required to give any security. I further direct that my said executors shall not be required to enter an inventory of make any sale.
Signed sealed and executed and published in the presence of us and each of us.

This the fifteenth day of January in the year of our Lord one thousand eight hundred and fifty-eight.

Elizabeth Kirton ---seal

Witness
Harden J. Turner
Joseph H. Borum
Thomas A. Anthony

The above will was probed at the December Term 1863 by the three subscribing witnesses when the court ordered that it be Established as the last will of Elizabeth Kirton, dcd and recorded as such.
George Johnston clerk

Transcribed by Joann C. Fairbourn from a photocopy from film #1008571, wills of Lauderdale County, Tennessee, found in the Family History Center in Salt Lake City, Utah.

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