ROBERTSON COUNTY, TN - WILLS - Malachi Krisle, 9 Nov 1856 ==================================================================== 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 the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Sharon Smith sharon@axs4u.net ==================================================================== Robertson Co TN Will Bk 3, pg 322-324 Last Will and Testament of M KRISLE, 9 Nov 1856 I Malachi KRISLE do make and publish this my last will and testament hereby revoking and making void all other wills by me at any time made. 1st It is my will and desire that my funeral expenses and all of my just debts be paid as soon after my death as possible and out of any money of which I may die possessed as which may first come into the hands of my Executors hereafter named. 2nd It is my will and desire that my executors have plain neat marble tombstones with such inscription upon them as they may think and suitable put up at the graves of both my wives, all three of my children and my own, I also desire them to have a good substantial wall of brick or stone built around our graves. And pay for the same out of any money belonging to my estate. Item 3rd Should it become necessary to sell any of my property either real or personal estate in order to pay debts or make a distribution I hereby fully empower my executors to sell any or all of my said property at private sale and in case any of my negroes have to be sold I direct that my executors give them a chance to choose their homes even if they should have to sell them a little lower than they could otherwise sell them. I desire that none of my property shall be sold at public sale to the highest bidder but on the contrary that my executors sell it privately as they may think best. Item 4 I hereby empower my executors should they think it best to have my distillery carried on after my death until they consume what corn all that I may leave on hand and also to manage my other business as theymay think will be best for my estate. Item 5th I give and bequeath my negro girl Brunette commonly called Dink to Mildred and Nancy MOORE heirs of Amos L. MOORE. Item 6th I give and bequeath my negro boy Aaron to Mrs Leah RANDOLPH I also give her my marble top bureau. Item 7th It is my will that and desire that my executors sell my negro boy John and negro girl Victoria and divide the proceeds equally between William H COUTS & Mrs Mary JOHNSON wife of S M JOHNSON. Item 8th I give and bequeath to my niece Catharine V DENTON the bed and bed stead that I bought for my daughter Mary. I also give her my said daughters saddle. Item 9th It is my will and desire that my beds, bed clothes & be equally divided between my brothers & sisters except those which I got by my last wife Nancy KRISLE which I desire shall be equally divided between her children. Item 10th It is my desire that my negro boy Aaron shall have the same privilege of choosing his home that I have directed in case of my other negroes and in case he does not want to live with Mrs Leah RANDOLPH I direct my executors to sell him as above directed and pay the proceeds to the said Leah RANDOLPH. Item 11th It is my will and desire that after all of the specific bequest and directions herein contained are complied with and performed the remainder of my estate of every kind and description whatever be equally divided share and share alike between all of my brothers and sisters or their legal heirs except my son Henry who is now being low and not expected to recover Should recover from his sickness and be able to attend to business there and in that case I desire him to have the benefit of my property his life time and case he should leave any lawful children at his death then I desire the estate mentioned in this item to be equally divided between his children and in case he does not recover and have children then I desire that my estate be divided as herein before directed. Item 12th I hereby appoint my brother Thomas KRISLE a trustee to manage the portion of my estate which I intend for my sister Mary BENTON and I direct that he have and hold one equal share of my estate as above directed for her use and benefit during the term of her natural life and at her death to be equally divided between her children. Item 13th I hereby nominate and appoint my brother Thomas KRISLE and John WOODARD executors to this my last will and testament. Witness my hand and seal this the ninth (9) day of November 1856. M. KRISLE, seal Signed sealed and acknowledged in our presence 9th Octr 1856 T M WOODARD Robert KRISLE Robertson County Court December term 1856 The foregoing will was presented to Court for probate and thereupon came T M WOODARD & Robert KRISLE subscribing witnesses thereto who being first sworn depose and say that they were personally acquainted with Malakiah KRISLE the testator in his lifetime that he acknowledged in their presence the execution of said proper writing to be his last will and testament that they witnessed said paper writing at his request and in his presence and they considered him in his proper mind at the time. The Court therefore declares him in his proper mind at the time. The Court therefore declares said paper writing to be the last will and testament of the said Malakiah KRISLE and ordered it to be recorded. R.H. MURPHEY, Clk (Note: The signature/witness section of will plainly shows both Oct 9, 1856 and Nov 9, 1856)