Will Book __, Page 287
[Notation on the record: Old Book A, P. 117]

In the name of God, Amen.

I Elijah Kincheloe of the County of Hawkins and State of Tennessee, being for some time past in a declining state of health though of sound mind and memory, Blessed be the Almighty God for his mercies have this 10th day of February, 1832, do make and publish this my last Will & Testament in writing.

First, I desire all my just debts to be punctually paid and my body to have a plain and decent burial after my decease.

And concerning such worldly goods as it hath pleased the Almighty to bestow on me, I dispose of in the following manner, to wit:

Item 1st. I give to my wife Polly Kincheloe two feather beds and their furniture weighing 25 pounds each, two cows and calves, and the bureau she had at our intermarriage.

Item 2nd. I do lend to my wife during the time she remains my widow her first choice of two of my horse beasts, one side saddle, and bridle claimed by her, my wagon and four pair of gears, all the sheep I own, two sows and pigs, six of the largest hogs, one folding leaf table, two small tables, one dozen chairs, one cupboard and the furniture belonging to the cupboard, one yoke of oxen, all the geese, two spinning wheels, four pair of bedsteads, one clock, one sugar chest, one brass kettle, one candle stand, one large kettle, two ovens and lids, two pots, one shovel and tongs, one loon [loom?], one fan to clean grain, two plows, two axes, three hoes, one scythe and cradle one mowing scythe, two sickles, one iron tooth harrow, two cows, two iron wedges, one negro men named Jack, one negro woman named Rose.

At my wife’s death or marriage, the above named property lent to my wife is to fall to my three youngest children, and the two negroes Jack & Rose is to fall to the same, Margaret, Sarah and James B. Kincheloe, equally divided. And if either of them should die without a lawful heir of their body, then their property to fall to the above named living children and their lawful heirs.

Item 3rd. I also lend to my wife during the time she remains my widow the tract of land I now live on 157 acres 80 poles, which I purchased of James Surgoine and a small lot joining said land and joining the town lots of Surgoinesville

At my wife’s death or marriage I give the land lent to my wife to my youngest son James B., and he is to have the half of the land lent to my wife Polly when he arrives at the age of 20, and I also give him the tract of land I bought of Benjamin Thurman and my silver watch and gun, and should he die without a lawful child, then my two daughters Margaret and Sarah Kincheloe to be his heir, and should Margaret or Sarah die without a lawful child, then the survivor of the three children to inherit all the property above-named.

Item 4th. I give my daughter Margaret one negro girl named Malinda and a bed — the weight 30 pounds — the furniture for said bed also to go with it.

Item 5th. I give to my daughter Sarah a negro girl named Liza and a bed to weigh 30 pounds and furniture to said bed, and also $100.00 to her and her lawful heirs of her body, and in case of the death of either daughter without a lawful child, the other daughter to have the property given to both, and in case of the death of both without a lawful child, the property to go to my son James B.

I also give to my two daughters Margaret and Sarah a bureau to be worth $15.00 apiece, and side saddle and bridle to be worth $18.00 apiece.

Item 6th. It is my desire that my wife have the care of her own children and their property until they come of age, and the expense of Sarah and James‘ education to come from the proceeds of their land left to them, and their mother to board them gratis — and James to have a good English Education.

Item 7th. My three sons, Thomas O., John and George W. Kincheloe have been provided for heretofore. I therefore give them one dollar each.

Item 8th. My daughter Polly has been provided for heretofore, I therefore now give her one dollar.

Item 9th. My daughter Elizabeth has been provided for heretofore, I therefore give her one dollar and a bureau which she claims at my house.

Item 10th. My daughter Nancy having been provided for heretofore, I therefore give her a bureau worth $15.00 and a side saddle and bridle worth $18.00.

Item 11th. My daughters Louisa and Rachael have been provided for heretofore as my son John Kincheloe holds an obligation on me for their portion. I give each of them beside a bureau worth $15.00 a side saddle worth $18.00 each with the bridles.

Item 12th. It is my desire that the negro I own named Gideon go to satisfy the obligation which my son John holds on me for the benefit of Louisa and Rachael, and that the balance of the obligation be filled by the debts now due me by Mrs. Surgoine, John A. Rogers and others.

Item. 13th. It is my desire that if there can be money raised to satisfy the last named obligation which my son John holds on me … and to satisfy other debts from me, that my wife have Iceham during her widowhood, and then he fall to my son James.

But if there cannot be money enough collected from them that owes me for the above purpose, I desire that Iceham be sold to satisfy the obligation and any other debts that may be due from me.

Item 14th. It is my desire that if either of my daughters, Elizabeth, Nancy Louisa or Rachael should die without a lawful issue, that the property given them fall to the survivors of them.

Item 15th. I desire all my books to be equally divided among my wife and children and each of them to have a Bible bought for them.

Item 16th. It is my desire that my wife take charge of Old Phillis and take care of her.

Item 17th. All the property not herein otherwise disposed of to be sold and the proceeds together with what debts may be owing me at the payment of all my just debts and necessary expenses, if any is left, to be equally divided between my six single daughters.

18th. I do appoint my beloved wife Polly Kincheloe my Executrix of this my last will and testament in writing and wish her to enter on the duties of her appointment without giving security.

In testimony whereof I the said Lijah Kincheloe Testator have hereunto set my hand and affixed my seal this day and date above written.

Lijah Kincheloe (seal)

Signed, sealed and published in presence of us who are subscribing witnesses thereto the date above written. “Silver watch and gun” interlined before signed in 48th line.

Jacob Barb
Johnson Lacy
William Lyons
Robert D. Gray

[Old Book A, p. 120]

Be it remembered that on this 4th day of February, 1833, I, Lijah Kincheloe of the County of Hawkins, State of Tennessee, remaining still of sound mind and memory do make the following additions to my last Will & Testament in writing bearing date of 10 Feb., 1832.

That is, I give to my daughters Louisa and Rachael my negro boy Gideon and my negro girl Malinda heretofore given to my daughter Margaret, which two negroes to go in full discharge of the obligation that my son John holds on me for the benefit of my two daughters, and instead of giving Malinda to my daughter Margaret, I desire a negro shall be purchased for her with the same funds that was to make the purchase for Louisa & Rachael

if there be a deficiency as satisfied in my will, that Jack be sold instead of Isham.

If negro Rose shall outlive my wife Polly that she be liberated and set free, and should said Rose have a child or children, they are to go to my daughters Margaret and Sarah.

And further to conclude: It is my desire that Nathan Gray of Granger County, together with my wife be Executors of this my last Will & Testament in writing,

In witness whereof I have hereunto set my hand & seal the day & date above written.

It is my wish that my Executors do proceed to the execution of this my last will without giving security.

Lijah Kincheloe (seal)

In presence of us:

J. G. Miller
C. G. Miller
A. Sanders

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This Hawkins County Will was transcribed by one of the following volunteers:  Audrae Mathis; Gary Fletcher; Betty Mize; Diana Arney; Karen Negron, Kathey Welder.