Georgia: Chattooga County: Last Will & Testament of Francis Kirby 31 December 1853 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store this file permanently for free access. This file was contributed by: Shirley Kirby Joiner sajoiner@beecreek.net ==================================================================== Will of Francis Kirby Signed 31 Dec 1853 Recorded in Book of Wills (Book A) Chattooga County, Georgia Pages 27-31 Jan 2nd 1855 Georgia, Chattooga County: I, Francis Kirby, being old but of sound and sane memory and desiring to leave my estate in such a condition that each of my children may receive his or her share after my death, I make and constitute this my last will and testament, revoking all and every other which I have made. Item 1st: I will that my funeral and burial expenses be paid out of my estate together with my just debts before a final division is made. Item 2nd: My son, Edmond O. Kirby, has received from my estate two negroes, Allen and Coleman, to which negroes I gave him a bill of sale but intended him at the time this bill of sale was made to be charged for said negroes out of my estate there being no other considerations for said bill of sale other than love and affection, I value these two negroes and the other property which he has received at the sum of seventeen hundred dollars. I will that he shall be made equal with my other children at the final division of my estate, after deducting the said seventeen hundred dollars, the value of the above property which he has received. Item 3rd: My son, Henry C. Kirby, has received from my estate two negroes, Nathan and Rena, to which I gave him a bill of sale which negroes he is to account for, together with other property which he has received, valued by me to sixteen hundred dollars at the final division of my estate as a portion of his prorata share of my estate, but if he cannot be made accountable for said property, the sum of sixteen hundred dollars shall be deducted out of his proportional share of my estate. Item 4th: My daughter, Malinda Clark, received from my estate one negro, money, and other property and has died leaving one child, Elijah H. Clark. It is my will that neither his father, William H. Clark, nor the said Elijah shall receive any more of my estate on account of my said daughter Malinda. But my daughter, Alice M. Clark, the present wife of the said William H. Clark having received one negro and other property to the value of eight hundred dollars, I will the same to her and her children. I will that she shall be made equal at the final division of my estate with my other children. The property which she received at the final division of my estate I will to her and her children. Item 5th: My daughter, Elizabeth S. Quin, and her husband Albert G. Quin have received from my estate three negroes and other property amounting in value to fifteen hundred dollars. I will that the amount yet coming to make her equal with my other children shall go to the sole use, benefit, and behoof of her children free from the debts, liabilities and claim of Albert G. Quinn. Item 6th: My daughter, Julia A. Kirby, has received three negroes from my estate amounting in value to eleven hundred dollars. I will that she shall be made equal with my other children at the final division of my estate and the amount then coming to her I will to her and her children. Item 7th: My daughter, Margaret L. McArver, has received two negroes and other property amounting in value to one thousand dollars. I will that she shall be made equal with my other children at the final division of my estate and the amount then coming to her I will to her and her children. Item 8th: My son, Francis A. Kirby, has received from my estate two negroes and other property amounting in value to thirteen hundred dollars. I will that he shall be made equal with my other children at the final division of my estate. Item 9th: My daughter, Mary E. Wilson, has received from my estate two negroes to wit Matilda and Lawson, the latter of which was drowned very soon after she received him. I will that she shall not be charged for said negro but shall have in his stead Amanda, daughter of Nelly, and for this property she is to be charged one thousand and fifty dollars that is for all these negroes. I will that she be made equal with my other children at the final division of my estate. I will the amount then coming to her and her children. Item 10th: I will to my daughter, Antonia H. Mitchel, and to her children free from the debts, liabilities and contracts of her present or future husband, Amy and Essex, to which negroes I have made a deed of trust to my son, Francis A. Kirby. The said negroes and other property which she now receives I value at one thousand and fifty dollars. I will that she be made equal with my other children at the final division of my estate the above named property to be charged to her as a portion of her prorata share of my estate. I will all the property which she receives from my estate to her and her children exempt from the control, debts and liabilities of her present or future husband. Item 11th: I will to my daughter, Catherine Jane Kirby, Martha, Lony and Granville which negroes I value at one thousand dollars. I will that she be made equal with my other children at the final division of my estate. I will all the property which she receives from my estate to her and her children free from the debts, contracts, liabilities and claim of any husband she may ever have. Item 12th: I will that all the property which I have given off to my children and named in the various clauses of this will shall be allowed to them at the prices I have put upon it, and that the undivided portion shall be so divided as to make each one equal as I have herein before expressed. Item 13th: I will that my sons E. O., H. C. and F. A. Kirby, and my sons- in-law Wm. H. Clark, Jeremiah L. McArver, I. N. Wilson, A. G. Quin and G. T. Mitchel be and I do hereby appoint them my lawful executors to this my true last will and testament. Item 14th: I will that my executors shall sell at public outcry in the town of Summerville all the negroes belonging to my estate and not willed off in this will except Sally, Billy and Mary and King, which last four named negroes I request my children to provide for and dispose of as they may think best. Item 15th: I will that my executors sell my land according to their own discretion either at private or public sale in lots or all together being governed entirely by the circumstances. Item 16th: I will that all the household and kitchen furniture, stock, farming and blacksmith tools, all the produce on the farm and various other articles too tedious to mention be disposed of by my executors at their discretion either by division or sale. Item 17th: Any thing not referred to in this will or not provided for in any way I leave to the sole control of my executors above named. Signed, sealed, published, and declared to be and contain the true last will and testament of the said Francis Kirby who signed the same in the presence of us the subscribing witnesses who signed the same as witnesses in his presence and in the presence of each other this 31st day of December 1853. Signed: F. Kirby Witnesses: R. W. Jones Francis Moore A. Mosteller John B. Akridge Note: Francis Kirby was born 20 Mar 1771 in Halifax, VA and died 11 Nov 1854 in Chattooga Co., GA. He is buried in Lylerly Cemetery. He was married 8 Mar 1807 to Mary Barry Lawson. Mary was born 3 Sep 1787 in GA and died 26 Jul 1853 in Chattooga Co., GA. She is buried next to her husband in Lylerly Cemetery.