Lee County Kentucky Wills
(Transcribed by Debi Houser Kendrick)

Will of Socrates Kincaid


 



 

Last Will and Testament

I, Socrates KINCAID, of Beattyville, Lee County, Kentucky, being of full age and sound of mind and memory, do make, publish and declare this to be my last Will and Testament, hereby revoking any and all wills heretofore made by me.

Item I.  I direct that all my just debts and funeral expenses to be first paid out of my estate as soon as practicable after my death.

Item II.  My devoted wife, Ollie KINCAID, having expressed her desire that she preferred to have her share of my estate given to her during my life time, and having the utmost faith and confidence in my said wife, Abbie [sic] KINCAID, I have provided for her and given to her a share of my estate sufficient to provide for her and which share of my said estate she has accepted as full satisfaction of any and any other intesest [sic] in my estate, and which is satisfactory and agreeable to her and to myself.

Item III.  All the property, real and personal of any kind and description, wheresoever situate, which I may own or have the right to dispose of at the time of my decease, I give, bequeath and devise to my seven children, viz:  Cora KINCAID MCGUIRE, Rosa May CALMER, Maggie OSBORN, Arthur KINCAID, Gertrude FRY, Nettie YEAGER, and Genevia KINCAID, to be divided between them in equal parts or shares, provided however that all of said named children are living at time of my decease, and if any of my said children or either of them should die and leave no child or children at the time of my decease, it is my desire and will that the part or share herein willed to such child or children of mine, who should not be living at time of my decease be given, bequeathed and devised as follows:  One half of such share to go to the surving husband or wife of such deceased child of mine, an the other one-half of such share to go to the surviving children of mine equally and in equal parts, and if such child of mine who should die before me, leave no husband or wife, or children then all of such share to go to the surviving children of mine, and be divided between them in equal parts.

Item IV.  It is my further desire and will, that after paying all my just debts and funeral expenses, and before a division of my estate among my said children, that the following bequests be made, and I so will, give, bequeath and devise as follows:
1. One Andy COOMER has been a faithful work hand for me for several years, and if he should be living at time of my decease, I give, bequeath and devise him the sum of $50.00, in cash, to be paid to him at the rate of $25.00 per year and if said Andy COOMER should not be living at my death I devise said amount to go to my children as outlined in Item III.
2.  To my brother Walter KINCAID, if living at my death, I give, bequeath and devise to hime the sum of $150.00 in cash, to be paid to him at the rate of $75.00 per year, and if he should not be living at my death said amount to go to my children as defined in Item III.
3.  To the Socrates Kincaid Graveyard, on the Luther KINCAID farm, near Fincastle, I give and bequeath the sum of $100.00 in cash, to be paid at the rate of $25.00 per year, and said money to be used in maintaining and keeping up of said graveyard or cemetery.
4.  To the Bethlehem Christian Church, near Fincastle, Ky, I give and bequeath the sum of $100.00, to be paid at the rate of $25.00 per year, and said money to be used and applied on the salary of the preacher, or pastor of said church in charge at the time, but should said church be abandoned or not used as a Christian Church at time of my decease, then said sum of money shall go to my said children as provided by Item III hereof.

Item V.  I make, Nominate and appoint my son Arthur KINCAID to be the Executor of this my last will and testament, and I requeat him to give bond as such executor, and to have my estate invoiced and appraised, and to divide my estate equally among my said children as provided in Item II hereof, and if an amicable settlement or divison of my said estate cannot be had or agreed upon by my said children, then I direct my said son Arthur KINCAID, as my Executor, to advertise and sell my real and personal property, and to reduce same to cash, and to divide said cash equally between my said children as definded in Item III hereof, I further direct my said son Arthur KINCAID to carry out all the provision of this my last will and testiment.

In witness whereof I have hereunto subscribed my name, this the 31 day of July 1933.

Socrates KINCAID

Signed by Socrates KINCAID, and by him acknowledged to be his last will and testament in our presence, who at his request have hereunto subscribed our names as witnesses in his presence, of each other at Beattyville, Kentucky, this the 31 day of July 193

E. B. BEATTY  Residence Beattyville, KY
H. F. KINCAID  Residence Beattyville, KY

State of Kentucky
County of Lee
I, Elizabeth MATTOCKS, Clerk Lee Co. Court, do hereby certify that the foregoing Will of Socrates KINCAID, deceased, was on the 10th day of June, 1935, filed in my office and same having been proven by the Court to be the Will of Socrates KINCAID, deceased, is hereby probated and ordered to record; whereupon the same with the foregoing and this my certificate have been duly recorded in my said office in Will Book No. 1, page 312..
Given under my hand this 13th day of June, 1935.

Elizabeth MATTOCKS, Clerk

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