Note:  The information contained in this document was transcribed from information provided by Stephen Kirk.  His e-mail address is:  skirkc@msn.com 

 

John Kirk’s Will

(circ. 1825)

 

In the name of God Amen, I , John Kirk, of Jones Country and State of Georgia, of sound mind and memory do constitute and ordain this my last will and testament. First I commit my Soul to God who gave it relying on the Atonement of Christ for its eternal Salvation and my Boddy [sic] to the grave to be decently enterred [sic] at the discretion of my executors as touching my temporal affairs it is my will that they be disposed of in the following manner (to wit).

First it is my will that the following Negroes (to wit) Dennis, Charity, Aberdeen, Anarchy, Harris, Willis and Wiley be sold and the proceeds thereof be appropriated to the payment of my just debts and should there be a surplus left it is my will that my mother Anna Kirk have the use of it during her lifetime and then to be equally divided between my brothers and sisters.

Secondly, I bequeath to my beloved brother Levi Kirk one hundred acres of land known as the McGough Place.

Thirdly, I bequeath to my beloved wife Lucy E. Kirk the whole residue of my estate both real and personal to be used and enjoyed and disposed of at her will and pleasure, and that Lucy E. Kirk and William Kirk be my Executrix and Executor to carry this my last will and Testament into effect. In witness whereof I have hereunto set my hand and affixed my Seal this 3rd day of October 1825.

John A. Crocket John Kirk (Seal)

John Harrison

Thomas Hunt

The heirs at Law of John William Kirk Vs. William Freeman and his wife Lucy E.

In Jones Superior Court Term 1829

Caveat and appeal from the Court of Ordinary Special Jury sworn:

  1. Kinchen P. Thweatt 7. Wiley B. Pope
  2. Stephen Clower 8. David Slocum
  3. Thomas G. Jourdain 9. Raleigh Spinks
  4. Richard Blount 10. Horatio Brown
  5. Pleasant Philips 11. Joseph G. Styles
  6. Abram Card 12. Charles Worman

We the jury establish this as a copy of the original will of John Kirk deceased and admit it to probate.

 

John Kirk’s will, Page 2

The heirs at Law of John William Kirk by their next friends Sally Cabaness, William Kirk, Willis Hunt and Levi Kirk appelants

Vs.

William Freeman and his wife Lucy E. Freeman formerly the widow of John Kirk deceased.

P. Philips Foreman

April Term 1829

Caveat and appeal for the Court of Ordinary On a motion to establish the will of John Kirk deceased

 

This case having been submitted to a Special Jury at this term and by their verdict, they find the copy of the Original Will of John Kirk deceased should be established and admitted to Probate. It is therefore ordered and adjudged and decreed, that the decision of the Court of Ordinary below be and the same is hereby confirmed, and that the copy of John Kirk’s will on file in that court at the time of the above appeal was entered, be recorded in said court of Ordinary in lieu of the Original will of John Kirk deceased proven to be destroyed and said copy be considered as established according to law, and it is further adjudged that the clerk of the Court certify the proceedings in this Court with said established will to the Court of Ordinary for their consideration, and it is further also adjudged and considered that the Propounders of the will of John Kirk deceased respondents recover of the Appelants the Sum of _________for Cost in the case laid out and expended, and said appellant be in mercy & C.

J. Smith

A true copy taken from the Minutes of the Court February 9th, 1831.

Robert W. Goodman, D. Clk.