Will of Charles Kitchen
Contributed
by Becky Fox
State of
I, Charles
Kitchen, resident of Leon, Carter County, Kentucky, do make and publish this my
last will and testament hereby revoking all others by me made.
First: I direct
that all my just debts and funeral expenses be paid by my Executors, as well as
all other debts for which I am legally bound, or shall be required to pay by
due process in law, and to determine whether the latter shall be paid without
suit, my Executors shall use their discretion, and their decisions shall be
binding on my Estate.
Second: I
direct that my Executors shall collect all moneys that may be due and owing me
at my death which I have not otherwise transferred, sold , or assigned,
and they may in their discretion convert into money any or all stocks, bonds,
____ action or other things that I may own or be in possession of at my death
or which I may have an interest in, and same shall be binding upon my estate.
Third: I hereby
direct that any property or money that I have not otherwise disposed of shall
constitute and become and remain at trust to be managed and controlled by my
Executors to such time as is directed herein for disposition of same.
Fourth: I request
that as soon as practicable after my death my Executors shall, at the time and
in the manner they deem most fitted, convert my Estate to money or other
property as they may think best for the benefit of my heirs, and they are
hereby authorized to sell and convey any real estate that I may own at my death
and apportion same among my heirs as may seem to the best interest of my
estate. I direct that at their discretion they shall pay to each of the
following of my children in pro rata, James H. Kitchen, Ida May Clevinger, Mollie Lee Wright, John W. Kitchen, Myrtle Saulsberry, Effie W. King, Lula B. King, Lottie F. Kitchen, and Charles J. Kitchen, equal shares of
my estate so as not to injure the value thereof in making collections of same.
And in making distribution of same they shall take into consideration
advancements that I have heretofore made to any one of said children.
Fifth: I have
heretofore deeded to my two sons, Cecil Harold Kitchen and Andrew J. Kitchen,
real Estate and have also set apart for them sufficient personal property to
make up their full share of my estate. I have deeded this property to a Trustee
for their benefit and also have placed collaterals and sureties in the hands of
said Trustee. This is their full share of my estate and it is all I intend them
to have out of my estate, as it is their full part, and they shall not in the
distribution of my estate herein provided by this will, have any interest in
any way or receive any portion thereof.
Sixth: I hereby
nominate and appoint without any revocation my three sons, James H. Kitchen,
John W. Kitchen, and Charles J. Kitchen, the Executors of my estate with full
power to act and I direct that shall not make any inventory of my estate and
none shall be required of them.
My whole estate
is left in their hands to manage as seems best to them to carry out the
provisions as herein stated and no bond shall be required of them. My estate is
left in their hands to manage and distribute as may seem best to them in
accordance with the provision herein stated.
Given under my
hand this 9th day of June 1920.
Charles Kitchen
Witnesses:
Signed by Charles Kitchen in our presence and witnessed by us in his presence
and in the presence of each other. R.J. Vansant, Mame
E. Brainard.
State of
Witness my hand
the 17th day of Sept., 1923
Arthur James, Clerk
(by Ella Jarvis)