Source: Sumner County Tennessee, Will Book Vol. 4, pages 52 - 55
I John Kincaid at present of Sumner County Tennessee do make, ordain and publish this paper as my last Will and testament, hereby revoking all other wills or testamentary papers made by me.
My just debts and
funeral expenses are to be first paid out of my estate and the residue thereof I dispose of as
follows. to wit;
To my daughter Mary Ann Weisiger, wife of Joseph Weisiger, I desire the tract of 254 3/4 acres
of land on
which she and family are residing and myself for the time being in Sumner County Tenn. to be her
absolute
and in property in fee simple and her husband Joseph Weisiger I hereby appoint a trustee to
manage for
her benefit and her family the said property, using for that purpose the produce and profits thereof
and as
well to pay taxes as to keep the same in repair.
My daughter and her Trustee may sell this property and make good title to the same and reinvest in other real estate in her right or put the money or any surplus after investment at interest still to be under the trust for the use of my Daughter and her family.
I owe a balance of $1500 more or less in Bank to make payment when the title is made complete. This balance is not to be a change on the land but is to be paid out of my other estate. If the funds set apart as aforesaid to that end should be otherwise used.
I give and desire to my son William G. Kincaid the tract of 206 acres of land on which he at present resides in Boyle County, Kentucky on the turnpike road from Danville to Perryville to him and his heirs forever.
I give and desire to my son John Kincaid the tract of 150 acres of land now in his possession lying near to and on the East side of Dansville being the part left of my old tract after the sale to Mr. W. Roberts, to him and his heirs forever. (54)
I give to my daughter Mary Ann Weisiger, wife of Joseph Weisiger five thousand ($5000) to be paid out of monies that will be all due to me in the neighborhood in Sumner and Davidson Counties by first of January next. This money will be the put at interest by Joseph Weisiger as he and his wife Mary think best he acting as trustee for her and the interest may be used to Keep up the farm or aid them. My Daughter may dispose of by last Will and testament the whole or any part of what is given her in this will her coverture at the time in no way to invalidate the same.
I also give to my Daughter my horse Rockaway and harness and all else of my chattel property in the house or at present on hand except my books which, with the books I have in Kentucky, I give to Charles Kincaid, son of my son, Wm. G. Kincaid.
In addition to which I have before disposed of I have the $1400 in the Gallatin Bank as aforesaid and something over $8000 in Ky. (defend) and last payments for land sold there, the greater part owing by Mr. McRoberts the rest by the estate of Mr. Dillehay, all due by the 1st of January next. out of these funds the balance I owe for the Donelson Land as aforesaid is to be paid and I owe some $600 with interest to the estate of D. Pope dec'd in the hands of his Adr. in Ky. Which the fund is also to pay: deduction which some $8000 more or less (not calculated) will be left to which I add three notes on D.J. Dismukes defend and last payments (pg.55) for the land I sold him near Gallatin due annually after the 1st of January next making over $8000 in all at least $16000 which I give to my sons Wm. G. Kincaid and John Kincaid each the one half thereof and in like manner they are to have and divide my horse stock and mule I have in Ky.
The residue of my estate real, personal or mixed is to be equally divided if any thing is made out of it after paying expenses. I allude here more particularly value at the present time.
I have fully compensated all my children by advancements and otherwise for any thing they ever done for me. Should either of them think otherwise they will regard the claim settled out of what is herein given to them or either of them my other estate to be (exempt)? from any such claim or demand.
I hereby appoint my sons W.G. Kincaid, John Kincaid and son-in-law Joseph Weisiger Executors
of this Will
and they may each qualify as such in Tenn. and Ky. without security. Either of my Executors may
make
valid title to any land I have or may sell in Ky. or Tenn. or to any of my Mountain land they or
either of them
may sell or I may sell myself.
This Will is written in my own hand this 23rd Sept. 1872.
(signed) John Kincaid
State of Tennessee
Sumner County Court Mar. Term 1873
(pg 56) A paper written bearing date 23rd day of Sept 1872 purporting to be the last Will and
testament of
John Kincaid was this day produced in open Court for probate when it was proven to the
satisfaction of the
Court that said will was wholly written by the said John Kincaid and is signed by him, that said
will was found
among the valuable papers of the Testator after his death and it being further proved by three
credible
witnesses to wit; R.(F.?) Johnson, J.A. Rowland and W.S. Munday that the handwriting of the
said John
Kincaid is generally known by his acquaintances and they verily believe said paper writing and
every part
thereof as well the signature to be in the handwriting of the Testator.
It is therefore ordered by the Court that said papers writing be admitted to probate and
established as the
last Will and testament of the said John Kincaid dec'd and that the same be recorded.
Copy - Attest. Jesse Cage Clerk