John's (1st) Will

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John's (1st) Will

Cumberland County Wills 1750-1800

Will Book B, page 124

Cumberland County Historical Society

Carlisle, Cumberland County, Pennsylvania

21 North Pitt St.

Carlisle, PA 17013

John Kinkead's Will

In the Name of God, Amen. I, John Kinkead, of the Town of Carlisle, in the County of Cumberland, Shopkeeper, being very sick of Body, but of Perfect sound & disposing Mind & Memory (thanks be to God therefore) & well knowing the uncertainty of the Present Life, or of the time when it may Please God to remove me out of it by Death, do this Day with respect to what worldly estate He has been graciously Pleased to bestow on me, make, Publish, and Declare this to be my last Will and Testament as follows, that is to say, It is my Will & I do order that all my just Debts and Funeral Expenses be fully Paid & satisfied. I also order that my Goods and Chattels be sold (Except what is herein particularly afterward otherwise disposed of).

Item, I give and bequeath to my well beloved Wife, Elizabeth, the Rents and Profits of all my property in Carlisle during her natural Life (Except as is herein after accepted) and also all my servant girls time and my Negro girl named Rose (whom I hereby allow to be taught to read). To her my said Wife her Heirs and Assigns: I also give and bequeath to my said Wife, my black horse, a Saddle & her Bed & furniture & wearing Apparel; & I also give and Bequeath to her my said Wife, one full third part of the Residue of my Personal Estate (Except what is herein after Particularly otherwise diposed of).

Item, I give & bequeath the Remaining two thirds of my Personal Estate (not before or after willed & bequeathed) to all my Children to be equally Divided amongst them.

Item, I give & bequeath to my son Andrew the Use & Rents & Profits of my Plantation beyond the Conodoguinet Creek whereon he lives with Appurtenances Bounded by the said Creek and land of James Stackpole & Land in Possession of Wm. Campbell until his son, John, attains the age of twenty one years and in case my said Grandson, John Kinkade shall live till he attains his age, aforesaid, then I will and divise the said Plantation and its Appurtenances to the said John, his Heirs and Assigns for Ever. But in Case my said Grandson should Die before he attains his Age as aforesaid, then I authorize & Impower my said Son, Andrew to give, dispose of and Convey the aforementioned Plantation & Appurtenances to any other his Child & Children, his, her, or their Heirs and Assigns as I myself might or could do.

I will, devise, and bequeath to my Son, Thomas, that Plantation in Sherman's Valley whereon he now lives containing two Surveys and also my House and Lott in Carlisle on the Corner of an Alley & fronting Louther Street (Subject to the Rents and Profits there of herein before & after limited) Willed and Bequeathed to him, his heirs & Assigns forever.

Also I give, devise, & Bequeath to my said Son, Thomas, the Rents & Profits of all my Out Lots near Carlisle, he paying the Proprietary ground Rents to which they are Subject until the Death of his Mother.

Item, I give, devise & Bequeath to my Son, John, his heirs & Assigns forever, my Plantation on Crowder Creek for which Plantation or Tract of land I obtained a Patent as in Tryon County in North Carolina, but since a late division of that Province may possibly according to that Division fall within the limits of South Carolina, and I also order that as soon as a Distribution can be made of my Personal Estate above mentioned, my said Son, John, shall have his share there of Paid to him out of the first Monies arising from the Sale there of that can be got; and besides his equal share with the rest of my Children as above, shall have temporary paid to him Ten Pounds in Cash, Ten Pounds worth of Broad Cloth & Check and also my silver Watch and a set of Plow Irons.

Item, My Will is that at the Death of my said Wife, the House and Lott wherein I now live with all other Houses and Improvements on the same Lot & the Appurtenances be sold by my surviving Executors or Executor and I do hereby impower & authorize the surviving of my Executors herein after named (or if they do happen to Die before my said Wife, then I do appoint and Authorize their Excecutors to Grant, Bargain, Sell, and Legally to Convey the said House & Lott of Ground whereon I now live with all the other houses thereon at the time of my said Wife's decease, or as soon after as they shall see convenient, and I do give and devise the Price of the House & Lott of ground last mentioned as follows (viz.): I give one hundred Pounds thereof lawful Money of Pennsylvania to my Daughter, Elizabeth, also, I give & bequeath one hundred Pounds of the same to my Grandson, John Waugh, to be given him at the time of the sale of the house. But if he should Die leaving no issue before he arrives at 21 years of age, then I order my said Daughter, Elizabeth to give said hundred Pounds to any of her Children or Divide it amongst them as She shall think proper, and I do hereby order the residue of the Price of said last mentioned Premises to be equally Divided amongst all my Children, vizt. Thomas, Andrew, John, & Elizabeth.

Item, I give & Bequeath to my Kinsman, John Jordan, the Rents and Profits of that House & Lot in Carlisle herein before devised to my Son, Thomas, for the space of three years next after my Decease, And I do by these Presents Constitute, make, Appoint, and Ordain my well beloved, Wife, Elizabeth, Executrix & my trusty & well beloved Friends John Jordan, above named, & Jonathon Kearsley, all of Carlisle afs. Executors of this my last Will and Testament, hereby utterly revoking and disannuling all former Wills and Testaments by me in any wise heretofore made, hereby ratifying and Confirming this and none other to be my last Will and Testament, and I do hereby also nominate and appoint my well beloved Son-in-law Wm. Waugh to be Guardian of the Person and Estate of my said Grandson, John Waugh during his minority. In Witness whereof I the said John Kinkead have hereunto se my Hand and Seal this second Day of August in the Year of Our Lord one thousand seven hundred and seventy two.

Signed, Sealed, Published & Declared by the said John Kinkead as his will & Testament.

John Kinkead

In Presence of us whose names are hereunto written, who did each of us subscribe our names as Witnesses at his Request and in his Presence & in the Presence of each other in the same Room where he then was.

Stephen Duncan

Samuel Laird

John Creigh.

Be it Remembered that on the 6th day of August 1772, Letters Testamentary I found in Common Form to Elizabeth Kinkead, Executrix and John Jordan & Jonathon Kearsley, Executors named in the Last Will & Testament of John Kinkead, Deceased, of which the foregoing Record is a true Copy, Inventory, and Account to be exhibited in the Time appointed by Law Witness by Hand the Day & Year aforesaid.