Source: Sumner County Tennessee, Will Book Vol. 4
I John Kirby of the County of Sumner, State of Tennessee. Being of sound mind and disposing memory do make and publish the following as my last Will and Testament, to wit: I direct that my funeral expenses and debts be paid out of the first moneys which shall come into the hands of my Executor herein after to be named.
First; I give and bequeath to Patrick Boon my nephew Five hundred Dollars.
Item 2: To my niece Julia Soper wife of James Soper (pg.57) I give and bequeath five hundred dollars.
Item 3: I give and bequeath to the children of my deceased niece Mary A. White to wit: John White and Mary E. White five hundred dollars to be equally divided between them share and share alike. The legacies are to be paid out of the first funds which shall come to the hands of my Executor after paying my funeral expenses and debts as above directed.
Item 4: I direct that after said debts, funeral expenses and specific legacies are paid, the remainder of my entire estate arising from the sale of my personal estate, real estate and debts due me and moneys(sic) on hand be divided into five equal amounts and disposed by my Executor as follows. One fifth to the children of my deceased Sister Nancy Hall to them and their issue. One fifth to the children of my deceased Sister Judith? Bridges to them and their issue. One fifth to the children of my deceased Sister Ruth Davis to them and their issue. One fifth to the children of my deceased Sister Sally Boon to them and their issue and the remaining fifth to the children of my deceased brother Lewis Kirby to them and their issue.
Item 5: I direct that my Executor make sale of the whole of my estate both real and personal as soon after my death as shall appear to him advisable full power to do which is hereby confered(sic) upon him.
Item 6: I hereby nominate, constitute and appoint James Soper my Executor hereby revoking all
former
Wills by me made.
This 9th day of November 1865. (signed) John Kirby
(pg.58) Signed sealed and published in our presence and we at the request of the Testator and in
presence
of each other have hereunto subscribed our names as witnesses this 9th day of November 1865.
Charles E. Brown
Lewis T. White
I John Kirby of Sumner County, Tennessee do make and publish this instrument as a Codicil to
my last Will and testament heretofore made.
In said Will I made a bequest of certain property to my niece Susan Elizabeth Barrow, wife of
James Barrow and as it is my wish and desire that said property do not come into
the possession or under the management or control of said James Barrow, but that it be held for
the Exclusive enjoyment of my said niece Susan E.. I do hereby bequeath said property to her for
her Exclusive
use and enjoyment and do appoint James Soper as Trustee who will take into his possession the
property
bequeath by me to my said niece Susan E. Barrow and hold the same for her and apply it to her
use and
benefit as in his discretion he may deem necessary for her comfort. In the event of death of her
said
husband, said property to be delivered over to her by said Trustee Soper and in the event of her
death the
same to be distributed prorata among the other legaties(sic) under my Will.
In witness where of I have hereunto set my hand this the 5th day of December 1872.
his
John X Kirby
mark
Signed by the said testator John Kirby as and for his last will and testament in the presence of us
who at his
request in his sight and presence and in the presence of each other have subscribe our names as
attesting
witnesses.
J. A. Trousdale
Balie Peyton
State of Tennessee Sumner County Court April Term 1873 The last Will and testament of John Kirby dec'd was this day produced in open Court for probate and duly proven by the oaths of Chas. E. Brown and Lewis T. White subscribing witnesses thereto which is ordered to be recorded. James Soper Executor named in the Will appeared in open court and accepted the execution of the same, thereupon said James Soper together with his securities Daniel Escue and W. P. Gousley appearing in open court and entered into and acknowledged their bond to the State of Tennessee in the sum of ten thousand dollars conditioned as the law directs and said James Soper was duly qualified. Copy Test. Jesse Cage Clerk
State of Tennessee
Sumner County Court Aug Term 1873
The Codicil to the last Will and Testament of Jno. Kirby deceased was this day produced in open
Court for
probate and was duly proved by the paths of J.A. Trousdale and Balie Peyton subscribing
witnesses thereto
which is received by the Court and ordered to be recorded.
Copy Attest. Jesse Cage Clerk