THE WILL OF DOCTOR JOHN STITH

The last will and testament of Doctor John Stith. After all my funeral expenses and all just debts being paid it is my will and desire that all my earthly goods be disposed of in the manner following, to wit: I give and bequeath to my grandson, Richard High-tower when he arrives at the age of twenty one years fifty dollars. All my personal estate to wit: to remain together for the mutual maintenance and enjoyment of my wife Susan Stith and her five children to wit: Caroline, George, Robert, Jane and Mahala. It is also my will that as soon as all matters respecting my estate are settled that Caroline Kincheloe have her portion allotted her and also the rest of my children above named as they come of age or marry at the discretion of my executors, always keeping in view the well being and comfort of my spouse. It is further my will that if my wife should marry that then and in that case she is to have a comfortable allotment during her natural life and the balance put in the hands of guardians for the benefit of my infant children, and finally at the death of my spouse what sum may then remain of my real and personal goods and chattel be equally divided between my five children to wit Caroline, George, Robert, Jane and Mahala and I hereby nominate and appoint Benjamin Stith, John Stith and Thomas H. Stith my executors to this my will depending on them to do whatsoever is equitable believing they will do right, Given under my hand and seal this 1st day January 1828.

JOHN STITH SEAL

Witness

Phebe Stith

Matthew C. Stith

Richard M. Stith

Will of John Stith page 2

A CODICIL to the above Will. It is my will and Desire and I hereby constitute Lewis Kincheloe as the agent and trustee of my daughter Caroline Kincheloe and I do hereby create the said Lewis Kincheloe trustee as aforesaid into whose hands all that protion of my estate which may fall to the ~share of my daughter, Caroline, shall be paid and said trustee shall hold the same in his hands for the use and benefit of my said daughter and her children and to be paid out 6Cr their use and benefit as their circumstances and necessities in the opinion of the said trustee may seem to require and said trustee is authorized to demand same and my executors is authorized to pay over to said trustee all that portion of my estate according to the provisions of this will as may fall to the lot or share of my said daughter Caroline whatsoever the sum may be in money or property. Given under my hand and seal this 10th day of May 1831

Signed in presence of JOHN STITH

Charles Gilkey Jr. Seal

William Wiseheart

The within writing purporting to be the last will and testament of John Stith, dec’d as was proved in court by the oath of Matthew C. Stith a subscribing witness thereto who swore that the said John Stith signed sealed and declared the said writing to be his last will and testament and that he together with Phebe Stith and Richard M. Stith subscribed their names witnessing thereto in his presence and that he (the witness) believes the said John Stith at the time of signing the same of sound mind and disposing memory, that Phebe Stith is since dead and that Richard M. Stith resides outside the Commonwealth. The Codicil thereto annexed was duly proved by William Wiseheart a subscribing witness thereto and the Court being of the opinion that the Will and Codicil thereto annexed and thereby proved do order the same to be recorded.

Att. William B. Nall D C Breckingridge County.

I, Susan Stith and relict of John Stith, deceased not being satisfied with the provisions made for me by the Will of my late husband do by these presents declare that I will not take or accept the provisions made for me by such will or any part thereof and hereby renounce all benefit which I might claim by said will. Witness my hand and seal this 15th day of Jany 1842

Susan Stith

witness: William Wiseheart