Friday, April 03, 2015

Dickson County Tennessee Will of Goodwin Kirk--Written May 1835

I was reading through some more Dickson Co. TN probate records and found a will for a Goodwin Kirk.  It appears that when the will was put before the court for probate that the daughters & their husband contested the will.  A man by the name of Hudson J. Shropshire was appointed admin over the estate.  The daughters & son in laws dropped the  suit soon after that and William Kirk again went forth settling the estate.  I won't call the following a transcription, because it is not word for word as I couldn't make out all of it but I have tried to make it easier to read format and spelling wise.  Please check original scans.  Links to original scans are provided below each document .

I, Goodwin Kirk of the County of Dickson and State Tennessee do make and publish this my last will and testament hereby revoking and making void all former wills by me at any time heretofore made

And first I direct that my body be decently interred at the premises on which I now live in said county in a manner suitable to my condition in life and as to such worldly estates as it hath pleased God to entrust me with I dispose of the same as follows

First I direct that all my debts and final expenses be paid as soon after my decease as possible out of any that I may die possessed of or may come in to the hands of my beloved son William Kirk.
Secondly I give and bequeath unto my beloved son William Kirk two negro to wit Edman and Nan to have and to hold to his own proper use and benefit after my death.
Thirdly I give and bequeath unto my son William as aforesaid all my house hold & kitchen furniture.
Forthly I give & bequeath unto William all my stock cattle hogs & sheep.
Fifthly I give and bequeath unto my son Jesse L. Kirk the sum of fifty cents to be paid after my death.
Sixthly I give and bequeath unto my beloved son James Kirk the sum of fifty cents
Seventhly I give and bequeath unto my daughter Sally Walkins the sum of fifty cents
Eightly I give and bequeath unto my daughter Scinthia T. Nesbitt the sum of fifty cents.
Ninthly I give  & bequeath unto my daughter Rebecca Davie the sum of fifty cents all to be paid after my death.

I do hereby make ordain & appoint my beloved son William Kirk my sole executor of this my last will and testament in witness whereof I Goodwin Kirk the said testator have to this my last will written on one sheet of paper set my hand & seal this the 2nd day of May 1835
X   Goodwin Kirk (seal & mark)

Test: Reas. Bowen(signature)
Wm. Richardson(signature)

Dickson Co., TN Probate Records, Goodwin Kirk packet, will, 2 May 1835; imaged in "Tennessee, Probate Court Books, 1795-1927," ; accessed 3 April 2015) Dickson > Wills, 1800-1899 > image 709 of 1419 

State of Tennessee Dickson County
June Term of the County Court 1836

This day was produced in open Court a paper writing purporting to be the last will and
testament of Goodwin Kirk deced which will when produced in court for probate was
contested by Alex Wilkins and wife and James H. Davie and wife legatees of said
deceased whereupon it was ordered by the court that the said Wilkins and Davie give
bono with security in the some of five thousand dollars for the prosecution to effect of
the invalidity of said will in the circuit court of Dickson County for heal thereon to be
had then Hudson J. Shropshire was appt administration pen de ti liter and entered into
with security satisfactory to the court and qualified and it was further ordered by the
court that certified copy of these proceedings be made out and filed in the circuit court.
I certify that the foregoing is a true copy of the original order made by the county court
given under my hand at the office the 11th of June 1836

Wm Hightown Clk

"Tennessee, Probate Court Books, 1795-1927" Dickson Wills, 1800-1899 Image 706  of 1415

William Kirk Executor of Goodwin Kirk deceased states that when the said Goodwin
Kirk's will was proved in the County Court A Wilkins and Jas. H. Davie took exception
to said will and threw it into the circuit court but soon after the said Wilkins and Davie
withdrew their suit in said circuit court and he the Executor took possession of the state
agreeable to the provisions of the will--that he paid all the debts that he ever heard of
against the estate and held all the balance of the property That the several legatees to
whom were bequeathed the sum of fifty-cents each never applied for their said legacies
or anymore ___ of them.  That all the property belonging to said estate 
besides the Negros did not exceed in value the sum of one hundred dollars.  That no
debts ever came against the estate except for funeral expenses which were paid--and the
Executor prays the court to receive this as his final settlement.  County Court Clerks
Office Aug 9th 1842 Wm Kirk

Sworn to and subscribed before me this 9th day of Augt 1842  Thos J. Kelly Clk

"Tennessee, Probate Court Files, 1795-1955"  Dickson > County Court estate settlements > 1800-1885 > Jordan, John P. - Northam, Samual > Image 358 of 2989

Inventory of Goodwin Kirk's Estate

Shropshire is the maiden name of my GGGG Grandmother who was from Oglethorpe GA so I had to look into the man who was appointed over the estate. Was Hudson Shropshire connected to my own Shropshire line?  I checked the census records and found a Hudson Shropshire in the 1820 & 1830 Census records for Dickson Co TN.  By 1840 we find him in Johnson Co Arkansas.  A check of the 1850 Census shows him still in Johnson Co Ark and it appears they probably left Dickson Co TN not long after he was no longer the admin for the Kirk estate.  Hudson dies not long after the 1850 Census in Johnson Co Arkansas.  I checked a few files and records and it appears that Hudson J. Shropshire is my cousin.  We both descend from St. John Shropshire & Elizabeth Winkfield through their son Winkfield and through separate sons of Winkfield.  In this case it looks like we are 3rd Cousins 5x Removed.  Another tie to Dickson Co. Tennessee.

Source Citation  Year: 1850; Census Place: Pittsburg, Johnson, Arkansas; Roll: M432_27; Page: 119B; Image: 243
Source Information 1850 United States Federal Census [database on-line]. Provo, UT, USA: Operations, Inc., 2009. Images reproduced by FamilySearch.

No comments:

Post a Comment