Last Will &
Testament of Nathan Langley Kemp
An instrument of writing,
viz; "I, N L Kemp of Sedalia, Graves County, Kentucky, do hereby make and publish
this as my true last will and testament, revoking all other wills
heretofore made by me.
First: I will and bequeath my
body to the maker who gave it to me, and I desire that after my death
that my body shall be buried in a decent manner and that all of my
funeral and burial expenses and my doctors bills and all other of my
just debts be paid out of my personal estate by my executors hereinafter
named.
Second: I will and bequeath all
of my estate, both personal and real to the following named parties,
to-wit; J S Kemp, who is my son, J C Kemp, who is also my son, Claude
Kemp, also a son, Oscar Kemp, my son, William Arthur Kemp, also a son,
Paul Kemp, one of my sons, and May Suggs, who is my daughter, Ethel
Miller, who is also a daughter, Ruth Crittendon, a daughter, Lee Byassee,
who is also a daughter, to each of them a one twelfth undivided interest
and to the heirs of my son, Clarence Kemp deceased, a one twelfth
interest jointly, and to the heirs of my daughter, Clemmie Crittendon,
deceased, a one twelfth interest jointly, this bequeath above stated
includes all of my estate of every kind and description that I own at
the time of my death, except out of my estate I direct that my executors
have erected at the Graves of my two wives who are now dead; one of my
said wives is buried in the Kemp graveyard near Cottage Grove,
Tennessee, and my other and last wife is buried at Burnetts Chapel in
Graves County, Kentucky. And I desire and request that these tomb-stones
be nice and genteel, and that they be as near a like as possible, and to
cost as near the same amount as possible, and I also desire and direct
that a nice tomb-stone be put at the grave of my son, George W Kemp, who
is also buried at the Kemp Graveyard, near Cottage Grove, Tennessee, and
that the said tomb-stone be nice and genteel, and I desire and direct
that my executors have these tomb-stones erected and paid for out of my
estate before any division of my estate is made, and the remainder of my
estate shall be divided as herein above set forth, after the following
clause of my will herein is carried out.
Third: It is my will and desire
and I direct that as soon after my death as possible, That all of my
estate, personal property of every kind and description and my land,
which is 80 acres more or less, and which was conveyed to me by S C
Wilson, deed of record in deed book 15 page 536 in the Graves County
Court Clerks office, all to be sold, and converted into money, and my
executors hereinafter named are hereby authorized, empowered and
directed to sell all of but it is my wish that if my heirs can agree
upon the sale of this property among themselves so that any of my heirs
can buy this property, I desire that they be given preference, but if
they can not agree upon the price and sale of said land then I direct
that my executors shall sell same at public auction, after having
advertised same as the law directs that land shall be advertised by the
sheriff to be sold under execution, and that the highest bidder for said
land be the purchaser, and that the purchaser shall be required to pay
for same, either in cash or with satisfactory security, as the executors
hereinafter named may require, and after my said executors have
collected all the money due my estate, and paid all my just debts,
funeral and burial expenses, and paid for the tomb-stones herein
mentioned, and all other indebtedness against my estate, then the
remainder of my estate shall be divided as set forth and directed in
section two of this my will.
Fourth; I want my estate
settled up by my executors without any law suit or any trouble whatever,
and I desire that my heirs all come together and agree among themselves
about this thing, and not have any trouble or hard feelings over my
estate, and I do not desire any law suit to come out of the winding up
of my estate, and I direct that my executors hereinafter named shall be
permitted by the court to act as such executors without bond, and I
desire that no appraisement inventory be filed by my executors and I
desire that no settlement with the court be required of my executors and
that they settle with the heirs or their legal representatives among
themselves.
Fifth: I hereby nominate and
appoint my sons, J S Kemp and J C Kemp Executors of this my true last
will and testament, and I hereby empower, authorize and direct them to
carry out all the provisions of this my last will and testament as near
as possible as they can.
Given under my hand this 21st
day of October 1921. N L Kemp Witnesses: H A Coulter, Myrtle E Debord."
purporting to be the true last will and testament of N L Kemp, deceased,
lat a resident of Graves County, Kentucky, was this day produced in open
court and offered for probation. Then came H A Coulter and Myrtle E
Debord the two subscribing witnesses to said instrument and after being
duly sworn as the law directs, Testified as follows, viz; " We were
present and saw the said N L Kemp sign his name to said instrument and
he then declared same to be his true last will and testament and
acknowledged same to be his free act and deed; that at the time of
signing same he was of sound mind and disposing memory; that at his
request, in his presence and in the presence of each other we each
signed our names as attesting witnesses thereto. " Wherefore it is
ordered and adjudged by the court that the said instrument is the true
last will and testament of the same N L Kemp, deceased, and the same is
hereby probated as such and ordered to record, and the clerk of this
court is ordered to take charge of same and perform that duty, and
forever afterward keep same in his custody unless ordered by court.
This day came J S Kemp and J C
Kemp who are named executors of the will of N L Kemp, deceased, without
bond, inventory or settlement, and entered motion to be appointed by
provisions of the will of the said N L Kemp, deceased. The court being
advised that the will of the said N L Kemp provides for said appointment
as stated in this motion, it is now ordered and adjudged that the said
motion be and the same is sustained, and the said J S Kemp and J C Kemp
are now therefore appointed as Executors of the will of the said N L
Kemp, deceased, without bond, inventory, or report or settlement.
Whereupon the said J S Kemp and J C Kemp appeared in open court and were
duly qualified by taking the oath required by law.
Ordered that court be now
adjourned till court in course
Monday 15, Day of May A.D.1922
J W Monroe__ Judge
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