Will of John Robertson Kennedy
[Will Book 1, pages 158-159 (transcribed by Beverly Burton Culbreth)]
I, John Robertson Kenedy [sic] of the county of Davidson and state of Tennessee, being of sound mind,
memory and understanding do make and publish this my last will and testament, hereby revoking all other
wills heretofore made by me.
It is my will, that after my decease, my executrix herein after named, shall as soon as practicable, pay
all the just debts I am then owing including funeral expenses and expenses of my last illness out of the
first moneys that may come into her hands as such executrix from my estate.
I will and bequeath to my beloved wife, Magadalena Kennedy, all the property of every nature and kind of
which I may die seized or possessed, real personal and mixed, including all my houses, lands, moneys,
stocks, bonds, notes, accounts, choses in action, furniture and everything else of which I am or may be
possessed, to have and to hold all and singular to her sole and separate use during her natural life,
but with full power and authority in her to sell or convey the same or otherwise dispose of the same as
she may deem fitting and proper, for the benefit of herself and children during her life and at her death
all the property not so conveyed or disposed of shall be divided, or the proceeds thereof equally divided
between all our children, including my two step children Charles and Caroline Waltersdorf, children of
my said wife Magdalena by former husband, which two children have always gone by the name of Kennedy
since our marriage. Said Caroline is now the wife of Charles E. Eberhardt. It is my desire that these
children above named shall share alike with my own children in the benefits of my estate and furtherance
of this desire, I make the following explanation. At the time of my marriage to my wife Magadalena
Waltersdorf she had the two children named by her former husband, these children inherited an estate
aggregating about $290.00. This money came into my hands as the administrator of their fathers estate,
said children being at the time infants but a few years of age and have since been maintained and
educated at my expense and under my care the same as my own children. The money aforesaid received by me
from their fathers estate, entered into and formed a part of my estate, and I now devise the estate as
now considered, with the proviso that unless said step children, Charles and Caroline aforesaid accept
the disposition of the property hereinabove provided, then they shall not share in the distribution of
the property as provided but shall be paid only only the principal of the amount due thence from the
estate of their father Carl Waltersdorf, deceased in full of all claims against my estate.
I nominate, constitute and appoint my said wife Magadalena to be my executrix as the executory trustee of
my estate with all the rights and power adequate or necessary to carry into effect all the provisions of
the foregoing will and direct that no bond be required of her as such, she to continue as such during her
natural life and at her death, I devise that my friend Fredrick Zickler shall become executor of the
estate and I do nominate, constitute and appoint him for the purpose of distributing the proceeds of the
estate among all the children as hereinbefore provided, share and share alike.
In witness whereof I have hereunto set my hand this [day of month blank] day of November 1899.
John Robertson Kennedy
Signed, published and declared by the above named John Robertson Kennedy as and for his last will and
testament in presence of us, who, at his request have signed as witnesses to the same.
Harry L. Wallad