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Abstract made by an unknown abstractor about 1890 from original records of
Pike County, Arkansas and recorded in Abstract of Title Book Prior to 1890
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Will Book A page 37. Last Will and Testament of Joseph L. Kirby. "I Joseph
L. Kirby of County of Pike, State of Arkansas, being weak in body, but
sound in mind, do make this my last Will and Testament, and I do hereby
appoint my son James W. Kirby and my wife Emeline Kirby, to execute the
same. 1st. I desire (that) all my just debts be settled out of the proceeds
of my personal property. 2nd. I desire that my wife Emeline and my daughter
Elizabeth Caroline and Idella and my step daughter Mary Reeves, so long as
they remain together, shall share equally of the benefits arising from my
land and the residue of my personal property after my debts are paid, so
long as three of them shall remain together, there shall be no division of
the above named property with the exception that when any one of them ...
... (are) to get another home they shall be entitled to a bed and furniture,
a cow and calf and such other things as Mrs. Kirby thinks can be well
spared off the place, and when less than three of them remain together,
Mrs. Kirby shall be entitled to one of the forty's of land which I own,
which she chooses and the other forty together with what personal property
remains shall be divided among the other four." Dated December 25, 1862.
Signed Joseph L. Kirby. Witnesses, Hiram Buchanan (and) James McWha. In
Vacation. Before the Clerk, July 16, 1866 came Hiram Buchanan who being
first duly sworn deposes and says, that I live in Pike County, Arkansas
&c., that I was called upon by said (Joseph L.) Kirby to sign an instrument
of writing which he declared to be his last Will and Testament and signed
it in my presence and in the presence of James McWha and James McWha and
myself signed it at his request and in his presence and in the presence of
each other, that the Will was read in the presence of (Joseph L.) Kirby and
met his approval. He was of sound and disposing mind and memory at that
time. James McWha is dead and his signature hereto is in his own proper
handwriting. Also came William Gilmer who being first duly sworn deposes
and says, that I reside in Pike County, Arkansas, that I have been
acquainted with James McWha &c., that I have seen him write frequently and
am well acquainted with his handwriting and that I am well satisfied that
his signature as a subscribing witness to said Will is in his own
handwriting. Jas. H. Howard clerk. Seal of Court affixed.
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Abstract of Title Book Prior to 1890, page 310.
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