Will of James B. Kitchen of Leon, son of James Logan Kitchen and Mary M. Lowe

 

Contributed by Becky Fox

 

LAST WILL AND TESTAMENT OF JAMES B. KITCHEN

I, James B. Kitchen,, of Leon, Carter County, Kentucky, being sound in mind and body, do hereby make this, my last will and testament, hereby revoking all wills by me heretofore made.

I. I will and direct that my executors hereinafter named pay all my just debts and funeral expenses.

II. All my real estate I give, devise and bequeath as follows:

I give, devise and bequeath to my brother, Van. C. Kitchen, of Leon, Carter County, Kentucky, the farm in Carter County, Kentucky, on the west side of Little Sandy River, known as the W.C. Horton farm, of two hundred twenty-two (222) acres, more or less, and also the farm in Carter County, Kentucky on the west side of Little Sandy River, known as the T.J. Wilcox farm of thirty-seven and one-half (37 ½ ) acres, more or less.

III. I give and devise to my brother, John L. Kitchen, of Frankfort, Franklin County, Kentucky, my farm in Carter County, Kentucky, on the west side of Little Sandy River, know as our old home farm, one hundred fifty-two (152) acres, more or less; also the farm in Carter County, Kentucky, known as the Eph Boggs farm, of about twenty-two (22) acres, more or less, on the east side of Little Sandy River; this Boggs tract to take just what is fenced in field, to start at Rockhouse Riffle Ford and up the bank with road to fence at top of bank and run with fence, as there was originally twenty-three and one-half (23 ½) acres of this tract of land, but the other that is on the outside of the fence is no good to this tract and I desire it to go with the Razor Tract to Van C. Kitchen, Jr.

IV. I give and devise to my brother, T.D. Kitchen, of Leon, Carter County, Kentucky, the farm in Carter County, Ky., on Deer Creek, known as the John C. McDavid farm of one hundred sixty-nine (169) acres, more or less; also the farm known as the W.L. Horn farm of eighty-five (85) acres, more or less.

V. I give and devise to my nephew, Edward Kitchen, the farm in Carter County, Kentucky, on the east side of Little Sandy River, known as the G.M. McDavid farm of sixty (60) acres, more or less, and also the farm in Carter County, Ky., on the east side of Little Sandy River, know as the J.H. Lester farm of one hundred twenty (120) acres, more or less.

VI. I give and bequeath to my nephew, Van C. Kitchen, Jr., who goes by the name of “June Kitchen, the farm in Carter County, Kentucky, known as the Razor Farm, of one hundred and sixty (160) acres, more or less; also the one and one-half (1 ½ ) acres of the Boggs farm not given to John L. Kitchen.

VII. I give and bequeath to my nephew, Giles W. Kitchen, of Ashland, Boyd County, Kentucky, the brick house and lot of 27 ½ X 142 ½ feet on the corner of Carter Avenue and 25th Street in Ashland, Kentucky, where I now live; also the house, no. 2440; also lots no. 17 and 18, section 2, Deal addition, each lot being 40 X 142 ½ feet on Central Avenue in Ashland, Kentucky. If I have an automobile at my death, I want Giles W. Kitchen to have it and devise same to him.

VIII. If I own the farm on the east side of Deer Creek, Carter County, Kentucky, which I bought of W.E. McDavid Heirs and David Sturgill, containing one hundred ninety-four (194) acres, more or less, adjoining the land of George Adams and W.L. Horn, on the ridge, and Leonard Bays on the upper end, at the time of death, my Executors may sell said farm.

IX. All the balance and residue of my estate, real, personal, or mixed, including all policies of life insurance, cash, stocks, bonds and other things, I give, devise, and bequeath to my three brothers, Van C. Kitchen of Leon, Carter County, Kentucky, T.D. Kitchen of Leon, Carter County, Kentucky, and John L. Kitchen of Frankfort, Franklin County, Kentucky, and my nephew, Giles W. Kitchen, of Ashland, Boyd County, Ky., to share and share alike.

X. Should any of the devisees in this will die leaving issue of their body, then the said issue shall have that property which by this will I have given to their father.

XI. I hereby nominate and appoint John L. Kitchen, of Frankfort, Franklin County, Kentucky, Van C. Kitchen, of Leon, Carter County, Kentucky, and Giles W. Kitchen of Ashland, Boyd County, Kentucky, Executors of my estate, and direct that they be allowed to qualify as such without executing bond, and that they shall not be required to do an inventory of my estate and if either of these be dead, the survivors thereof to act.

I give to my executors the power and authority, and I hereby direct them to make deeds to each of my brothers and nephew for all of my right, title and interest in the property which I have herein indicated I desire for them to have. I also give to my executors the power and authority to sell and convey all my right, title and interest in any other property, real, personal, or mixed, which I may have at my death, if, in their discretion they deem it necessary to sell and convey the same to carry out the objects and instructions of this will. In making the division of the balance and residue of my estate as hereinabove directed, they may divide the same in kind, or may sell the same and divide the proceeds as they agree among themselves to be best and proper.

IN WITNESS WHEREOF, I have hereunto set my hand, at Ashland, Kentucky, this 18 day of March, 1943.

James B. Kitchen

The foregoing instrument of writing being the last will and testament of James B. (J.B.) Kitchen, was on the 18 day of March, 1943 subscribed before us and in our presence by the said James B. (J.B.) Kitchen, and the same was acknowledged by him to be his last will and testament, and at his request the same was attested by us as witnesses , in his presence and in the presence of each other.

Roy E. Pope, Boone Logan, H.R. _____