I thought I would post this for it would give us a better understanding of Harvey Kincaid and his family. This post will give us dates and his family members beside its good reading. I believe this Harvey to be son of my Thomas/Polly Davis Kincaid of Sewell Mountain in Fayette County, (West) Virginia. It was not known that he married twice until this document was found in the Fayette County, West Virginia Courthouse. Note the Campbell in this document. I will be adding more post on him later. Toney E. Kincaid 33001 CATHERINE KINCAID, DEPOSITIONS NEWMAN KINCAID, exac. Received under seal and filed August 26, 1889 E. H. Easley, Clerk of Court Note: Zack, George W., Thomas and John Campbell are Lucy Catherine Campbell Kincaid brothers. In 1889, when this deposition was taken at Zack's home, Lucy was living at Zacks which was 15 to 16 miles from the Harvey Kincaid place - Bon Hudson I, P. M. Martin, a Notary public in and for the county of Greenbrier and State of West Virginia, do certify that the following deposition were duly taken by me on this 21st day of August 1880 at Zac Campbell's in Meadow Bluff District, Greenbrier County, West Virginia to be read as evidence in Chancery, in the circuit court, for the County of Fayette, West Virginia, wherein Newman Kincaid, Ches Adkins and Nancy his wife, Henry Kincaid and Sarah J., his wife are plaintiffs, and Lucy Campbell and John Campbell are defendants. Present Newman Kincaid one of the plaintiff and L. C. Kincaid and John Campbell defendants. G. F. Henry a witness of lawful age being duly sworn answers and Says: Please state what you recall about a will that you wrote for Harvey Kincaid, late husband of Catherine Kincaid. ANSWER: Sometime in the fall of 1878, I wrote a will for Harvey Kincaid. In this will he divided all of his improved land under fence, and indeed all of his land improved or unimproved to Catherine Kincaid, his then wife except some 20 or 30 acres of woodland which he left to his daughter Sara J. Kincaid. He provided in said will, that his widow should have the privilege of getting rail timbers off Sarah Jane's woodlands. He left his son Newman a fine rifle, a big plow, and an overcoat; and to his daughter Nancy a cow, and I think a horse and some bedding. And it was stated at the end of said will that at the death of his widow Catherine Kincaid, that said land should revert back to Newman, Sarah Jane, and Nancy. He said he felt in duty bound to do more for his wife than the law allowed her as she had been so kind and good to him. Cross Examination by Plaintiff of the 1st witness. QUESTION: When did you write the will in question? ANSWER: I can't say exactly what month but I think it was October or November. QUESTION: Whom did you make Executor of this will? ANSWER: I think I made his son Newman Kincaid Executor of his will. QUESTION: Was that will ever recorded? ANSWER: I do not know. QUESTION: Do you know anything of a deed made by Harvey Kincaid to Charles J. Campbell? ANSWER: I know nothing further than that I read a deed here on the 7th August proposing to be a deed made by Harvey Kincaid and wife to C. J. Campbell, and also a deed from C. J. Campbell to Catherine Kincaid. QUESTION: Where you present when those deeds were acknowledged? ANSWER: I was not. And further this deponent saith not. Signed - George F. Henry THOMAS CAMPBELL A witness of lawful age being duly sworn and answers and says: 1st QUESTION: What do you recall about the matter in controversy? Or what did you hear Harvey Kincaid say about the matter? ANSWER : After the deed had been made I heard Harvey Kincaid say he had everything fixed as he wanted it I also heard Mr. Newman Kincaid say after Harvey Kincaid death, at the appraisement , and also at the sale, that he was satisfied with the way in which his father had fixed his affairs. I further heard Wm G. Flanagan the Justice before whom said deed, were made that said deeds were good deeds: but a law suit might grow out of them. Cross Examination by plaintiff QUESTION: When did Harvey Kincaid tell you that he had the deed made and fixed to his mind? ANSWER: A short time ( 3 to 4 weeks) before he died, perhaps in April. QUESTION: Do you know there was a deed made from Harvey Kincaid and wife to C. J. Campbell? ANSWER: Yes, I have seen what purposed to be a deed. QUESTION: Was it before or after the death of Mr. H. Kincaid that you saw said deed? ANSWER: After his death QUESTION: In whose possession was said deed when you saw it? ANSWER: In Catherine Kincaid's QUESTION: How long after Harvey Kincaid's death did you see the deed? ANSWER: Some time in the fall, which lost was 11th of May. QUESTION: Who was present when Harvey Kincaid told you he had everything fixed as he wanted? ANSWER: His wife and his daughter Nancy. QUESTION: Are you a brother of the defendant? ANSWER: I am> And further this deponent saith not. Signed Thomas Campbell GEORGE WASHINGTON CAMPBELL a witness of lawful age being duly sworn says: QUESTION: State what do you know about the matters in controverts and that some of the heirs threatened to break the will that he thereupon he made a deed of his land to C L Campbell also a deed of some property to his daughter Nancy. Also that he has given his children all he intended them to have. Furthermore on the day of his appraisement , I heard Newman Kincaid say he was satisfied with the way his father had fixed his affairs. And I heard him say the same thing in the house. CROSS EXAMINATION BY THE PLANTIFF: QUESTION: When Harvey Kincaid told you he had his affairs fixed to his mind who was present? ANSWER: No one but myself. QUESTION: When he told you that he had given his children all he intended them to have, did he say real estate or personal property? ANSWER: He did not say. QUESTION: When Newman Kincaid said that he was satisfied with the way in which his father had disposed of his estate was it after the question had arisen as to what should become of the land after the death of Catherine Kincaid.? ANSWER: I don't recall further than I heard Newman Kincaid say so on appraisement day in ( October perhaps). QUESTION: Were you present when the deed was made and acknowledged from Harvey Kincaid and wife to C. J. Campbell as from C. J. Campbell to Catherine Kincaid? ANSWER: I was not. QUESTION: Was the conversation between you and Newman Kincaid as to his approval of the way in which his father had fixed his business before or after he had made the deeds? ANSWER : I can't say, and further this deponent saith not - Signed G. W. Campbell JOHN P. CAMPBELL A witness of lawful age being sworn says: QUESTION: Tell what you know about this cause; ANSWER: The last time I saw Harvey Kincaid was here at this house on that occasion, he said that he had given his children all he intended to give them. He had gotten no thanks therefore as to what property he had then. He intended it for his wife who was then waiting on him. Mr. Newman Kincaid said on same occasion that he had gotten from his father all he wanted and was satisfied. CROSS EXAMINATIN by Plaintiff QUESTION: How far did Harvey Kincaid live from here when the conversation occurred? ANSWER: Some 15 or 16 miles. QUESTION: Was Harvey Kincaid very ill at that time? ANSWER: He could get about, but was unwell and did not think he would recover. QUESTION: When was it that the conversation occurred. ANSWER: I think it was about January 1878. QUESTION: Who did Mr. Kincaid saw was to have his property at the death of his wife ( Catherine Kincaid) ? ANSWER: He did not say. QUESTION; Was the conversation with Mr. Kincaid before or after the making of the will and deeds? ANSWER: I do not recall. QUESTION: Do you know anything about the deed from H. Kincaid and wife to J. C. Campbell or from C. J. Campbell to Catherine Kincaid? ANSWER: Nothing at all and further this deponent saith not. Signed John P. Campbell Z. P. CAMPBELL A witness being of lawful age, being duly sworn says: QUESTION: Tell what you know about the matter. ANSWER: Harvey Kincaid told me had made a will and that his children had threatened to break it, that he had given them all he intended to give them. That he had gotten W. G. Flanagan, to draw him 2 deeds one in favor of C. J. Campbell, and the other in favor of his daughter Nancy . CROSS EXAMINATION by Plaintiff: QUESTION: When was this conversation? ANSWER: In April before hid death. QUESTION: Did he say why he had made the deeds? ANSWER: No. QUESTON: Who was present when the conservation occurred? ANSWER: No one QUESTION: Do you know Dr. Rupert attending on Mr. H. Kincaid. ANSWER: I do not. QUESTION: Did Mr. Kincaid say who was to inherit his estate after the death of his wife? ANSWER: He did not. QUESTION: Were you present when either of those deeds were acknowledged? ANSWER: I was not further this deponent saith not. - Signed Z. P. Campbell C. J. CAMPBELL A witness of lawful age being duty sworn says: QUESTION: State what you know about this cause. ANSWER: When I went to his house to live Harvey Kincaid told me he had made a will, but his children threatened to break it that he intended to deed to me his land and that I was to deed the same land to Catherine Kincaid, and that after her death said land was to revert to me. What he had given his children all he intended to give them. That he had deeded to his daughter Nancy a horse, cow and calf and enough personal property was to be sold off to pay his debts and the residue was to go to his wife. He said I was to stay on the place and take care of his widow. At her death the land was to revert to me. If we could not stay on the place we were to rent or sell. CROSSD EXAMITAIN of PLANTIFF QUESTION: Were the condition you have enumerated the consideration of his deed to you? ANSWER: Yes. QUESTION: Why not so stated in the deed? ANSWER: I do not know why. QUESTION: Was the deed delivered to you? ANSWER: It was delivered to his wife Catherine. He told her to take care of it. QUESTION: Did he tell his wife to take care of said deed until you had made your deed to her? ANSWER: He did. QUESTION: Was Mr. Kincaid advised not to have make both deeds made on same day ,that is from himself and wife to C. J. Campbell and from the last man to Catherine Kincaid? ANSWER: He was. QUESTION: Who advised him? ANSWER: Wm. G. Flanagan- Justice. QUESTION: Did Esqn. Flanagan so advise him? ANSWER: The Squire said that it would be better not to make them both on the same day, a flaw might be j( unknown word). QUESTION: Was anything said about Dr. Rupert's debt and if so how much was it. ANSWER: Harvey Kincaid that he had heard Dr. Rupert had a bill of $60 against and that he did not want to pay that much but was willing to pay a reasonable bill. QUESTION: Are you certain that Mr. Kincaid did not make the deed to keep from paying an exorbitant bill to Dr. Rupert? ANSWER: I am not. QUESTION: Have you an acct. against W. G. Flanagan, Adms. of Mr. Kincaid's estate for building fence since Mr. Kincaid's death. ANSWER: I have. The fence was built under a contract made with L. C. Kincaid in his life time. QUESTION: What was your answer to W. S. Flanagan when he asked you to whom the land was to go at the death of Catherine Kincaid, at the time lanagan was writing the deed from C. J. Campbell to Catherine Kincaid? ANSWER: I said nothing. QUESTION: Why did you not answer the question? ANSWER: I do not remember. QUESTION: Were any of your heirs present when the ded from C. J. Campbell to Catherine Kincaid was made? ANSWER: None of them. QUESTION: Was said deed made before or after the death of Mr. Kincaid? ANSWER: Afterwards. QUESTION: Did Mr. Kincaid try to have the deed from C. J. Campbell to Catherine Kincaid made before his death? ANSWER: He did. QUESTION: Did he send any officer to write and take the acknowledgement of the deed and if so who was it? ANSWER: W. G. Flanagan Esq. was sent for twice to take the acknowledgment of the deed from C. J. Campbell to Catherine Kincaid. QUESTION: How long after the death of Mr. Kincaid before toy received the deed made by Mr. Kincaid and wife to you? ANSWER: About a month, Further this deponent saith not. - Signed Charles J. Campbell 4 O'clock. By consent of plaintiff taking of the deposition goes on. CATHERINE KINCAID A witness of lawful age being sworn says: QUESTION: State what you know about the controversy first Harvey Kincaid, first made a will? ANSWER: Harvey Kincaid first made a will, some of the heirs threatened to break the will. Mr. Kincaid then said he would make a deed that could not be broken. Said that he had given his children all he intended to give them, he was then working for me. Said he wanted his debts paid. I was to have the balance of his estate and at my death C. J. Campbell was to have the land and wanted C. J. Campbell to stay and take care of me as long as I lived. We were to stay on the place as long as we could stay and if not satisfied we could go somewhere else where we could be satisfied. CROSS EXAMINATION QUESTION: Did you hear any one speaking of breaking the will; if so who was he? ANSWER: I heard Sarah J. Kincaid say so. QUESTION: What about Dr. Rupert's bill that is did you hear Mr. Kincaid say anything Dr. Rupert having an extravagant Dr. bill against him? ANSWER: He said he wanted Dr. Rupert paid a reasonable bill of 20 to $25. QUESTION: How much was the bill, did he say? ANSWER: Sixty dollars. QUESTION: Did he suggest any plan to get rid of paying so big a bill? ANSWER: I do not remember. QUESTION: Was the deed to C. J. Campbell made before or after the doctor's services were rendered? ANSWER: I do not recall. QUESTION: Do you remember when W. G. Flanagan want to your house to write the first deed, did Mr. Kincaid say he was making the deed to cut Dr. Rupert out so extravagant a bill? ANSWER: I do not remember. QUESTION: Might he not have said so and you not hear him? ANSWER: I was not in the house all the time and I do not know what was said. QUESTION: Why did not C. J. Campbell deed you the land the same day it was deeded to him? ANSWER: There was objections of there being a flaw or some defect. QUESTION: What defect was suggested? ANSWER: I do not remember. QUESTION: Who advised you not to have the deed made on that day? ANSWER: W. G. Flanagan Esqr. QUESTION: Did Esgn Flanagan say to make both deeds on same day said destroy the object of the first deed? ANSWER: I do not recall. QUESTION: To whom did Esgr. Flanagan deliver the deed from Harvey Kincaid and wife to C. J. Campbell? ANSWER: I found the deed on the table and by request of Mr. Kincaid I put it in my trunk. QUESTION: Did Mr. Kincaid send for anyone to have the last deed written before his death? ANSWER: He sent for Esq Flanagan. QUESTION: How long before Mr. Kincaid death did he send for W. G. Flanagan to make the deed? ANSWER: I do not know. QUESTION: Did he send for any of his children to come in the night before his death? ANSWER: Yes, he sent for his son Newman. QUESTION: Did Newman come and who else come? ANSWER: Newman did come, John Ewing, Wm White and C. J. Campbell were present and Nancy his daughter. QUESTION: Was any request made of his children that night? ANSWER: I do not know of any. QUESTION: Did say any thing pn that night about the disposition of his property? ANSWER: I heard none. QUESTION: Might he not have done so and you not hear him? ANSWER: He might have said so and I not hear him. QUESTION: Was the last deed made before or after the death of Mr. Kincaid? ANSWER: After. QUESTION: How long did C. J. Campbell live with you before the death of Mr. Kincaid? ANSWER: He came early in March, Mr. Kincaid died 11th of May. QUESTION: Is C. D. Campbell your brother? ANSWER: He is. QUESTION: How long after Mr. Kincaid's death before the first deed was delivered to J. C. Campbell? ANSWER: Some time in June. Further this deponent saith not. Signed - CATHERINE C. KINCAID I, P. W. Martin, a Notary Public in and for the County of Greenbrier and state aforesaid, certify that foregoing deposition were taken Subscribed and sworn to before me at the place and time therein specified: Given under my hand and seal this 21st day of August 1880. P. M. Martin - Notary Public I find the cost in taking the foregoing deposition amount to be Fourteen Dollars and sixty cents ( $14.60) P. M. Martin - Notary Public