I, Wiley Kirby, Senr. Of the County of Madison and State of Tennessee, considering the inevitability of things, do make and publish this my last will and Testament being in sound mind and memory.

2nd After my death for my executor to sell all my land that I hold, on a twelve months' credit, after the money is collected pay over to my five sons equally, that is to say to Haybon Kirby, Jesse Kirby, Alex Kirby, James A. Kirby, Wiley Kirby. I also bequeath to my five sons above named all the notes after being collected, also the money in my possession, except with as may be marked with the letter O, either on the invoice or envelopes, which I bequeath to my two living daughters, the money that Adaline Perry may be entitled, my wish is that my executor may convert to her or her children's special use and benefit, so that John Perry may not any control at all.

3rd I will and bequeath to my daughter Mary Bennett the certain bedstead and curtains mat. And cord, the prep and side saddle and for her to have her bed and enough bed clothing as the other children had after Mary Bennett has got the things I give her, for my executor to sell the rest of my perishable property, of every description on a credit of twelve months and equally divide the same or proceeds between my two daughters Adaline Perry and Mary Bennett, and my wish and desire is that my executor hold and convert the money that Mary Bennett may be entitled to, to her and her children's special benefit, and that George W. Bennett have no control of the money whatever.

4th I will and bequeath to my grandchildren, the heirs of Aurbon Kirby, to wit Celia H. Jenkins, Adaline J. Kirby, Wiley L. Kirby, Sarah M. Kirby, Feby C. Kirby, Winfield L. Kirby, to each one five dollars, and to their mother Biddy Kirby one dollar. I also give to my granddaughter Celia W. Glover one dollar, that being the only amount that I intend to give her of my estate as I have heretofore given off to my two daughters Elizabeth W. and Emily D. wives of John Glover, Senr., decd, all the property I feel able to give them. I also will and bequeath to my grandchildren Isaac A. Piercy, Elizabeth R. Piercy, and John W. Piercy, one dollar each child that being the only amount I intend giving them of my estate, as I have heretofore given off to my daughter Eleanor Piercy, wife of John Piercy, all the property I feel able to give them.

I do hereby constitute and appoint my friend Stephen Burruss executor of this my last will and Testament, in witness thereof I hereunto set my name and seal the day and date above written. Wiley Kirby, Senr. Test: Martin Wiggs Jonathan White

P. S. I further wish that my executor pay my just debts and burial expenses and that the amount be deducted from each child's part equally. ( This Post Script wrote and acknowledged before signed. Wiley Kirby

F. R. Dallan, administrator of Wiley Kirby, Sr., deceased, sold to Samuel Nowell for $1460 a tract of 104 acres in Madison Co., Tenn., on 10 February 1868.

Found on Madison County Rootsweb List - Contributor unknown