The Will of Obediah Kirby
dated 10 May 1809
In the name of God Amen. I Obadiah Kerby of the County of Halifax Virginia, being weak and indisposed of body, but of Sound mind and Memory, and knowing that it is appointed for all men once to die have deemed it my duty to prepare for that awful event, in the best possible manner, and with that view after committing to my Creator the disposal of my immortal part. and to my Executors hereafter named the decent burial of my body do by this present writing which is declared to be my true last will and Testament dispose of Such worldly estate as it hath pleased God to bless me with in the following manner.
Imprimis. I desire and direct that all my just debts be punctually paid.
Item. I lend to my beloved wife wife Ruth the land and plantation whereon I now live containing about three hundred acres (except a small part there of hereafter mentioned) during her natural life, also Two Feather beds and furniture, one horse her choice of my Stock a Saddle and bridle, three Cows and Calves, her choice; also the whole of my Stock of Sheep and hogs; My house hold and kitchen furniture and utensils; also my plantation tools, which property, or Such of it as remain at her death I desire may be sold and the money arising therefrom to be equally divided among all my children or their heirs, the said land and other estate to be sold upon a credit of Twelve months or more, discretionary in my Executors hereafter named.
Item. I desire that all my lands lying in the State of Tennessee to which I now have bill, legal, or equitable, and to which I may have claim by purchase or otherwise the title where of is not yet complete in law, but may hereafter be obtained, may be sold by my executors in the most advantageous manner and that from the proceeds of such sale all my children may be educated in as liberal a manner as circumstances will admit, and the funds, aforesaid enable my executors to apply my desire in this respect; but it is further my desire that the same may be used econimically for the purpose aforesaid, and such parts of said funds, as are not immediately necessary kept at interest untill do application; and that if any part of it should not be so applied, that is, in their education as aforesaid, that such part may be equally divided among my said children when the youngest, surviving, shall come of age in the law to receive the same.
Item. It is my will and desire that all my children may remain with my dear Wife Ruth, as a Family in the same manner they now do, during their minority, and receive their support and maintinance from the proceeds on my estate, for which purpose I leave all the rest and residue of my personal property not loaned to my said wife to be applied by my executors; and also the rents of such other land as is hereafter mentioned belonging to me & not before mentioned.
Item. I desire that my Tract of land on Dan River given to me by my Father containing about Two hundred and Seventeen acres may be annually rented out by my executors or Sold for the benefit of my estate, as may be most advantageous, and that such rents may be applied as in the preceeding clause is directed if so rented, or the money arising from from the sale, if sold, put to interest, which interest shall be applied in lieu of said rent: but in either case the sum of five pounds per annun shall be paid by my Executors to my Father Henry Kirby or his legal representatives during the life of my brother Heziah Kirby, and no longer. my said Father and his family are also to have leave to continue his Ferry across the river Dan and keep open a passway through the said land so long as the same shall be continued a Ferry during his natural life and the money arising from the sale of the said land to be equally divided among all my children at the coming of age of my eldest son, who shall survive and arrive at age as aforesaid; to whom, my said children, their heirs & legal distributes. I give their and each of their, respective parts forever, and of all the bequests to them herein made in like manner.
Item.. It is my further will and desire that my negro man Will shall remain with my family in the possession of my wife Ruth during the minority of the youngest of my children surviving, should my said wife live so long, and work upon the plantation loaned to her for the mutual benefit and support of her and the family: and should she die before the arrival at age of my said youngest child then the said Will to be hired out annually by my Executors, and his hire applied as before discribed for the benefit of my said children, namely, Samuel, John, Moses, Jacob, and Pleasant; until the coming of age of the youngest survivor of them; after which, it is my will, and I do give the said negro man Will to my said Son Samuel, to him his heirs & assigns forever.
Item. It is my further will and desire that should my said dear wife Ruth, be now pregnant, or should she have any other child after the execution of this my last will and Testament, deemed legitimate in law, either Son or Daughter, it shall be entitled to, and share, all endowments, and an equal share of my estate, with those already named as fully as though it had been now born.
Item. I give to my friend Richard Anderson a small part of the Tract of land whereon I now live, lying between Big Polecat creek, and a branch running into it containing about three quarters of an acre to him his heirs and assigns forever.
Lastly I constitute and appoint my friend Berryman Green, Epaph??dilus Sydnor, and my Son Samuel, Executors, and my dear wife Ruth, Executor of this my last will and Testament. In Testimony whereof I have hereunto set my hand and affixed my seal this tenth day of May one thousand eight hendred and nine.
Signed, Sealed, published and Interlined in three pronounced by the said Oba places before kerby to be his last will and Signed Testament, In presence of Obadiah Kerby S.S Obed Hendrick, Anderson Moore
Go to my page on Obediah Kirby. Also please see my will page for more wills.
For the sake of clarity I have inserted paragraphs at logical breaks in the text and put names in bold, but in no way have I changed the spelling or grammar of the original. This will was kindly provided by Tracee Kirby-Wilson (email tracee_kirby (at) hotmail dot com).