Will of Charles Kitchen

                                                                        Contributed by Becky Fox



State of Kentucky, County of Carter


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 Kentucky, County of Carter. I, Arthur James, Clerk of the Carter County Court, certify that the foregoing instrument, purporting to be the last will and testament of Charles Kitchen, deceased, was this day produced in open court, it being the regular term held on the 17th day of Sept., 1923, and was in the manner and form required by law, duly established and admitted to probate as and for the last will and testament of the said Charles Kitchen, and directed to be recorded as such which is now done accordingly.


Witness my hand the 17th day of Sept., 1923
Arthur James, Clerk
(by Ella Jarvis)