Will of Francis Marion Kitchen

 

                                                                                 Contributed by Becky Fox

 

 

I, F.M. Kitchen, of Leon, Carter County, Kentucky, being of sound mind and memory, do make, publish and declare this my last WILL AND TESTAMENT, in manner following, that is to say:

 

First.  It is my Will that my funeral expenses and just debts, should there by any, be paid fro, my ESTATE.

 

Second.  After my funeral expenses and just debts have been paid, I will and bequeath to my wife, Belle Ball Kitchen, all the balance of my estate, both personal and real or of whatever sort it may be, to use as she sees fit an divide as she pleases, with the following exceptions:

 

Third.  I will and bequeath to my son H.E. Kitchen Fifty ($50.00) Dollars which is to be paid out of my estate.

 

Fourth.  I will and bequeath to my son R.D. Kitchen Fifty ($50.00) Dollars which is to be paid out of my estate.

 

Fifth.  I will and bequeath to my son Clyde E. Kitchen Fifty ($50.00) Dollars which is to be paid out of my estate.

 

I appoint my wife, Belle Ball Kitchen, as executrix of this will and testament and desire that she serve without bond. In witness whereof I have hereunto subscribed my name this the 20th  day of May 1948.

 

F.M. Kitchen

X his mark

 

F.A. Easterling, Notary Public, Grayson, Kentucky, and others, witnessed that the testator subscribed his name by mark to the document in their presence

 

There was later a judgment setting aside the will, Carter Circuit Court Civil Action #1315 in Order Boook 23, page 269.

 

Order and Judgment Setting Aside Will of F.M. Kitchen, Deceased.

 

R.D. Kitchen, Plaintiff, Vs. Belle (Mrs F.M. Kitchen), individually and as Executrix of the Estate of F.M. Kitchen, deceased, H.E. “Jack� Kitchen, Clyde E. Kitchen.

 

The plaintiff, R.D. Kitchen, having filed his motion for judgment setting aside the order of probate of the paper purporting to be the will of said F.M. Kitchen, deceased, and that same to be adjudged not to be the Last Will and Testament of said F.M. Kitchen, deceased, and it appearing to the Court that the defendants, H.E. “Jack� Kitchen, Clyde E. Kitchen, although duly summoned have not filed nay answer, pleading or moltion in this action and that the defendant Belle (Mrs. F.M.) Kitchen, individually and as executrix of the estate of F.M. Kitchen, deceased, has made her affidavit stating that she does not desire to make a defense to this action and the Court having ordered her answer stricken from the record and the Court having considered the same and being advised, it is therefore adjudged that the purported will of F.M. Kitchen, deceased, dated May 20, 1948, and admitted to probate by order of the Jefferson County Court on September 11, 1954, as shown by order entered in Order Book 20, page 575, is not the Last Will and Testament of F.M. Kitchen, deceased.

 

All of which his ordered to be certified to by the Clerk of this Court to the Clerk of the Carter County Court for record.

 

It is further adjudged by the Court that the plaintiff  recover of the defendants his cost herein expended for which he may have execution.

 

Dated this 13th day of March 1961. ___________, Judge, Carter Circuit Court