Person:James Kincaid (24)

Will of James Kincaid

In the name of God Amen I, James Kincaid of the County of Greenbrier & State of Virginia, being weak in body but of sound mind and dispossing memory and calling to mind the uncertainty of human life and the certainity of death and being desirous to dispose of all such worldly estate as it hath pleased God to bless me with do hereby make and publish this as my last will and testament in manner & form following that is to say

Item 1st I give and bequeath to my beloved wife Phebe Kincaid one negro man named Pompey; one negro man, Cook; one negro woman, Jane; and the increase during her natural life; and after her death my will is that the above named negro Pompey, Cook, & Jane, with her increase, shall be equally divided among my Daughters to wit: Elizabeth Ann Frances Jane Agnes Letitia Mary Louisa & Margaret Susan McCollister or such of them as may be living at the time of the death of my said wife to them and their heirs forever all of my household & kitchen furniture: one good horse saddle & bridle the horse to be selected by her out of my present stock of horses: five milk cows such as she shall choose during her natural life & at her death the above mentioned personal property to be equally divided among my above named daughters to them and their heirs forever - I also give her the lower room of my house where I now live during her natural life- -

Item 2nd I give and bequeath to my son Alexander Clarke Kincaid and his heirs forever all that part of my land that lyes above a shargar tree marked K by the second fence below meadow creek A Beginning at the mouth of a drain by the edge of the creek thence by said shargar tree following the direction of the aforesaid fence in a steart line to the South East side of my plantation also one negro boy named Mike one half of my farming utensils and one horse saddle & bridle to him and his heirs forever

Item 3 I give and bequeath to my son William Renick Kincaid all that part of my land that lyeth below that part which I have given to my son Alexander Clarke Kincaid being that part on which I live to him and his heirs forever: one negro boy named Lewis, one wagon, four horses and give one half of my farming utensils One horse saddle and bridle and my black smith tools to him and his heirs forever.

Item 4 I give and bequeath to my daughter Elizabeth Ann Kincaid one negro woman named Lucky and her daughter Patsy and their future increase & one horse saddle bridle to her and her heirs forever

Item 5 I give and bequeath to my daughter Margaret Susan McCollister one negro boy named John & two negro girls the one named Sarah and the other named Emily and their future increase to her heirs forever

Item 6 I give and bequeath to my daughter Frances Jane Kincaid one negro man named Tom one negro woman named Hannah one negro girl named Angeletta and their future increase and one horse saddle and bridle to her and her heir forever

Item 7 I give and bequeath to my duaghter Agnes Letitia Kincaid one negro boy named Wallis one negro girl named Susy & her future increase to her and her heirs forever also one horse saddle & bridle to her and her heirs forever.

Item 8th I give and bequeath to my daughter Mary Louisa Kincaid one negro boy named Smith one negro girl named Hariett & her future increase one and horse, saddle & briddle to her and her heirs forever

Item 9th my will and desire is that after my desease my Executers herein after named shall sell and dispose of all of my personal property of what nature or kind soever it may be not herein before particularly enumerated of every description and after the payment of all of my just debts and funeral expenses to devide the ballance of the money arising from the sale of said property equally between my four daughters to wit Elizabeth Anne Frances Jane Agnes Letitia & Mary Lousia to them & their heirs forever.

Item 10th lastly I do hereby constitute and appoint my friends Robert Dickson and Hezekiah G. Pinnell Executers of this my last will & testament hereby making all former wills or testaments by me heretofore made In witness whereof I have hereunto set my hand & affixed my seal this seventeenth day of June in the year of our Lord one thousand eight hundred & thirty eight.

Signed sealed published & declared in our presence & for this last will & testament

(signed) James Kincaid

(seal) of James Kincaid in the presence of us

Henry Hoover

Saml Kincaid

John T Walker

Greenbrier County Court August term 1838

This paper purporting to be the last will & testament of James Kincaid dec'd was persented in Court by Phoebe Kincaid his widow & relic and the proof of the exeuation thereof being resisted by Archibald McCollister & his wife legalies in same will therefore in the nature the proof of the Executor of said will is postponed till the next term and at the Greenbrier County Court September term 1838 The last will & testament of James Kincaid dec'd was again presented in Court & proved by the oaths of the subscribing witnesses thereto & the same is ordered to be recorded and thereupon Hezekiah G Pinnell one of the Executors therein named appeared in Court & took the oath presented by the law and entered into bond in the sum of L8000 with Moses McClintic Nathan Gillilan & William Brown his securities conditioned as the law directs therefore letters testamentary is granted him in due form of law and leave is reserved to Robert Dickson the other executor therin named to execute bond & hereafter and thereupon Phoebe Kincaid widow & relic of the said James Kincaid dec'd appeared in open court & relinquished & renounced all the provisions made for her in the said last will & testament of the said James Kincaid dec'd relying in the provision made by law for her.

Teste John Mathews CGC

A Copy Teste, Joel McPherson Clk.A

[Source: http://ftp.rootsweb.com/pub/usgenweb/wv/greenbrier/wills/jkincaid.txt].

Notes

http://www.lawrencefamhis.com/kincaid-o/p255.htm

James Kincaid

1. 41819, b. 15 May 1782

James Kincaid|b. 15 May 1782|p255.htm#i41819|Samuel Kincaid Jr.|b. 1734\nd. 23 Jan 1819|p258.htm#i39115|Margaret Clarke||p138.htm#i41810|Samuel Kincaid|b. c 1707\nd. 1780|p258.htm#i39100|Huldah Osborne||p334.htm#i39105|James Clarke||p138.htm#i41811|||| Father Samuel Kincaid Jr. b. 1734, d. 23 Jan 1819 Mother Margaret Clarke Relationship 3rd cousin 5 times removed of Paul Edward Lawrence. Relationship 27th great-grandson of Aykfrith. Relationship Great-grandnephew of David Kincaid.

James Kincaid was born on 15 May 1782 in Greenbrier Co., Virginia. He married Phebe Kincaid, daughter of George Kincaid and Margaret Renick, on 26 March 1816.

Family Phebe Kincaid

Children Elizabeth Ann Kincaid b. 3 Jan 1817, d. 6 May 1842

Alexander Clarke Kincaid b. 27 Feb 1818, d. 6 Dec 1893

Margaret Susan Kincaid b. 27 Jan 1821, d. 25 Apr 1888

Frances Kincaid b. 7 Mar 1822, d. 8 May 1893

Agnes Letitia Kincaid b. 19 Jan 18241

Sarah Rebecca Kincaid b. 25 Oct 1825, d. 7 Aug 1826

Mary Louise Kincaid b. 31 May 1827, d. 7 Apr 1849

Avalina Lovinia Kincaid b. 22 Jan 1829, d. 6 Feb 1837

William Renick Kincaid b. 19 Jan 1831, d. Aug 1884

Citations [S860] Kincaid, Dr. Herbert C.. "Kincaid-Lennox-Galbraeth" to Kincaid, John William; West Virginia. copy provided by John P. Kincaid, report partially available at http://home.att.net/~jpkincaid/. Copy in researcher's file, Fairfield Glade, Tennessee.