Person:Elijah Kincheloe (2)

Will

Will of Elijah Kincheloe, dated 10 February 1832.

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.

Item 1st, I give to my Wife, Polly Kincheloe, Two feather beds and their furniture, weighing twenty five pounds each and two cows and calves and the Bureau she had at our intermarriage.

Item 2nd, I do lend to my wife Polly Kincheloe during the time she remains my widow her first choice of my horse beasts, one side saddle and bridle claimed by her, my wagon and four pairs of gears, all the sheep I own, two sows and pigs, six of the largest hogs - one folding leef Table-Two small Tables, one dozen chairs, one cubpoard and the furniture belonging to the cupboard - one yoke of oxen - all the geese, two spinning Wheels, four pairs of bedsteads, one clock, one sugar chest, one brass kettle, one candle stand, one large kettle, two ovens and lids, two post, one shovel and tongs, one loom and all the gears belonging to the 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 man named Jack, one negro woman named Rose - at my wifes death or marriage, the above named property lent to my wife is to fall to my three youngest children - and the two negroes Jack and Rose are all to fall to the same - Margaret Kincheloe - Sarah and James B. Kincheloe - to be equally divided between them - 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 of their body forever.

Item 3rd I also lend to my wife during the time she remains a 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 Surgoinsville - at my wife's death or marriage I give the land lent to my wife to my youngest son James B. Kincheloe and he is to have the half of the land lent to my wife Polly Kincheloe when he arrives at the age of twenty years. And I do 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, that is my son James, then my two daughters Margaret and Sarah Kincheloe to be his heirs, and should Margaret or Sarah died without a lawful child, then the survivor of the three children above named to inherit all the property above named.

Item 4th, I give my daughter Margaret, one negro girl named Malinda and a bed to weigh 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 thirty pounds and furniture to said bed and do also give to my daughter Sarah one hundred dollars, to her, and the lawful heirs of her body forever, and in the case of the death of either of said daughters without a lawful child, the other daughter above named is to have the property given to both - and in case of the death of both without a lawful child, the property given to both to descend to my son James B. Kincheloe. I also give my two daughters Margaret and Sarah a Bureau to be worth fifteen dollars apiece and side saddle to be worth eighteen dollars 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 son's Thomas C., John and George W. Kincheloe have been provided for, heretofore, I therefore now give them one dollar each.

Item 8th, My daughter Polly has been provided for, heretofore, I therefore not 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 fifteen dollars and a side saddle and bridle worth eighteen dollars.

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 besides - a Bureau worth fifteen dollars, and a side saddle worth eighteen dollars 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 Rachel and the the [sic] balance of the obligation which John holds on me be filled by the debts now due me by Mrs. Surguine, 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 for the benefit of Louisa and Rachael and to satisfy other debts from me that my wife Polly have Iceham during her widowhood, and then that he fall to my son James. But if there cannot be money enough collected from then [them] who owe me for the above purpose - I desire that Iceham be sold to satisfy the above obligation last named and my other debts that may be due from me.

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

Item 15th, I desire all my boods [goods] 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 if left I wish to be divided equally amongst my six daughters which are now single.

Item 18th, I do appoint my beloved wife Poly 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 Kinchelow Testator have hereunto set my hand and affixed my seal the day and date above written.

[Signed] 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 Barh-

William Lyons

Johnson Lacy

Robert D. Gray

Be it remembered that on this 4th day of February 1833, I Lijah Kincheloe of the County of Hawkins and State of Tennessee remaining still of sound mind and memory do make the following alterations to my last Will and Testament in writing bearing date the tenth day of February 1832 - that is I give to daughters Louisa and Rachael Kincheloe my negro boy Gideon and negro girl Malinda heretofore given to my daughter Margaret, which two negroes to go in full discharge of the obligation that my son John Kincheloe holds on me for the benefit of my two daughters Louisa & Rachael. And instead of giving Malinda to my daughter Margaret, I desire a negro shall be purchased for her, and the same funds that were to make the purchase for Louisa & Rachael Kincheloe. And further it is my wish that if there to be a deficiency as suggested in my Will that Jack be sold instead of Isham. And is further my desire that if negro Rose shall out live my wife Polly, that she be liberated and set free - and should Rose have a child or children - they are to go to my daughter Margaret, and Sarah Kincheloe. And further to conclude It is my desire that Nathon Gray of Grainger County together with my wife be Executor 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.

[Signed] Lijah Kincheloe [Seal]

In presence of us:

J.G. Miller-

C.C. Miller

A. Sanders-

1.   Ancestry.com. Public Member Trees: (Note: not considered a reliable primary source).

   https://www.ancestry.com/family-tree/person/tree/152933436/person/182401731281/facts

2.   RootsWeb's WorldConnect Project.

   John M. 'Spoolie' Cox
   --b. November 14, 1850 Sullivan Co., TN
   --d. November 30, 1929 Washington Co., TN
   ----buried Kincheloe/Cox Cemetery, Harmony, Washington Co. TN
   --m. Sarah E. 'Sallie' HULSE
   --July 11, 1870 Washington Co., TN
   ----b. July 12, 1855 Sullivan Co., TN
   ----d. March 13, 1883 Washington Co., TN
   ------buried Kincheloe/Cox Cemetery, Harmony, Washington Co. TN
   ------d/o John W. 'Jack' Hulse and Elvira KINCHELOE
   --------gd/o William Keen Hulse and Hannah COX
   ----------gt gd/o William Pert Hulse, Jr. and -
   ------------2nd gt gd/o William Pert Hulse, Sr. and Nellie -
   ----------gt gd/o John Cox, Sr. and Mary Leah JOBE
   ------------2nd gt gd/o Jacob Job and Deborah MacKAY
   --------------3rd gt gd/o Caleb Job and Barbary (?) LEATH
   ----------------4th gt gd/o Andrew Job, Jr. and Elizabeth VRNON
   --------------3rd gt gd/o Zachariah MacKay
   --------gd/o James Horace Kincheloe and Mary Louisa KINCHELOE
   ----------gt gd/o George E. Kincheloe and Sarah BUCKNER
   ------------2nd gt gd/o John Kincheloe, Jr. and Mary 'Polly' WICKLIFFE
   ------------2nd gt gd/o John Anthony Buckner and Elizabeth BYRNE
   ----------gt gd/o Elijah Kincheloe and Mary 'Polly' SURGINE
   ------------2nd gt gd/o John Kincheloe, Jr. and Mary 'Polly' WICKLIFFE
   
   https://freepages.rootsweb.com/~ajobebrown/genealogy/jobe/jac_deb/cousins_ezekiel_cox_copas.html

3.   United States. 1830 U.S. Census Population Schedule. (National Archives Microfilm Publication M19).

   Name Elija Kincheler [Elijah Kincheloe]
   Home in 1830 (City, County, State) Hawkins, Tennessee
   Free White Persons - Males - Under 5 1
   Free White Persons - Males - 5 thru 9 1
   Free White Persons - Males - 50 thru 59 1 [b. bet. 1771-1780]
   Free White Persons - Females - 5 thru 9 1
   Free White Persons - Females - 10 thru 14 1
   Free White Persons - Females - 15 thru 19 1
   Free White Persons - Females - 30 thru 39 1 [b. bet. 1791-1800]
   Slaves - Males - Under 10 1
   Slaves - Males - 24 thru 35 2
   Slaves - Females - Under 10 3
   Slaves - Females - 36 thru 54 1
   Slaves - Females - 55 thru 99 1
   Free White Persons - Under 20 5
   Free White Persons - 20 thru 49 1
   Total Free White Persons 7
   Total Slaves 8
   Total - All Persons (Free White, Slaves, Free Colored) 15

4.   United States. U.S., War of 1812 Service Records, 1812-1815.

   Name Elijah Kincheloe
   Company 5 REGIMENT VIRGINIA MILITIA.
   Rank - Induction PRIVATE
   Rank - Discharge PRIVATE
   Roll Box 118
   Microfilm Publication M602

5.   Tennessee, Early Tax List Records, 1783-1895.

   Name Elijah Kincheloe
   Residence Date 1809
   Residence Place Hawkins, Tennessee, USA