Orange County NcArchives Wills.....Kelly, John March 20, 1837 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume G, pages 10-14 Written: March 20, 1837 Recorded: Nov 1851 Testator: John Kelly I John Kelly of the County of Orange and State of North Carolina being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare this my last Will and Testament, in manner and form following, that is to say: First, that my Executor or Administrator shall provide for my body a decent burial and pay all expenses together with my Just debts howsoever and to whomsoever owing out of the monies that may first come into his hands as a part or parcel of my estate Item I give to my wife Ann Kelly the following Negroe slaves that (is to say) Anthony, Juda, Adkin, Washington, Nelly Frances, Easther, Caroline, Eliza, Bob, Louisa, July, Aann, Jane, Silla, Joe Henry Norphtet, Alse, Haywood, Alfred, Susan, Ben, Dick, Peggy, Mingo, Tom, John. Sophia, Sina, Moses, Abram, and Edmund, with all the future increase that may come from the above named Negroes I give and bequeath to my wife Ann Kelly to her and her Heirs fore ever now in case I should live to sell any of the above named Negroes it is my will that my Executor pay over the amount that I sell them for to my wife Ann in place of the Negroes, Item I give and bequeath to my wife Ann Kelly the sum of Ten Thousand Dollars current money to her and her Heirs forever my wife Ann Kelly has some four or five Hundred Dollars in money that I give and bequeath to her and her heirs forever, Item, I give and bequeath to my wife Ann Kelly my carriage and Harness and every thing belonging to it to her and her Heirs forever, Item, it is my Will that my Executor buy a match of large well Broke young Horses out of the balance of my estate that is not disposed of for my wife them I give and bequeath to my wife Ann to her and her Heirs for ever, Item, I give and bequeath to my wife Ann Kelly my silver watch to her and her heirs for ever, Item, I give and bequeath to my wife Ann Kelly All my House Hold furniture except one feather bed to her and her Heirs fore ever it is my will that if my wife Ann should conclude to remove to the county of Franklin or Nash in that event that my [page 2] Executor pay all the expenses out of the balance of my estate that is not disposed of Item, I give and bequeath to the Deaf and Dumb Institution if it can be secured so that the principel will be secure and nothing but the Interest used on these conditions I give Six Thousand Dollars for the purpose of Educating Poor Mutes, first of this county where their parents is not able to Educate them if these conditions is complied with I give and bequeath to the Institution and there[sic] successors in office forever Item I give and bequeath to the North Carolina Conference of the Methodist Episcopal Church Three Thousand Dollars one half for Missionary purposes the other half to the relief fund for the support of worn out preachers to them and their successors forever Item I give and bequeath to my wife Ann Kelly two Thousand five hundred Dollars in addition to what I have given her above to her and her heirs forever. Item I have four Negroes not yet disposed of it is my will if they will consent to go to Liberia and have their freedom that my Executor send them there if they will not consent to go there then I wish them to chuse their masters and my Executor to sell them for what he can get for them, that is to say, Gilbert, Martha, his wife Gilford their son and Jarrott ---- Item I give and bequeath to Sarah Clark all that part of the Home Tract of Land lying South of the road adjoining Stephen Clark Wilkerson and others and on the North by the road also 27 1/2 acres on the south of the road and adjoining the other piec[e] Jordan and Smith which land I bought of Patterson to her and her heirs forever Item I give and bequeath to the heirs of David Lockhart Decd the balance of the land that I bought from Patterson also a small Entry that I made in the North end of the same also the McMund Tract adjoining Honner[?] Tanner and Wilkerson and others to them and their Heirs for ever Item I give and bequeath to John Lockhart the balance of the Home [page 3] Tract of land and also the Tract that I bought from John P Hanna adjoining Wilkerson McDade and others to Him and his Heirs fore ever. Item I give and bequeath Elenor Bain the Tract of land that I bought from her mother Keziah Bain adjoinen Douglass St Mary Chapel and others to her and her heirs for ever --- Item I wish my Executor to sell the Tract of land that I bought from Wm Cain 100 acres more or less when it will suit the convenience of my Sisters if they should live longer than I do Item I direct my executor to sell all my Stock of every description Waggon carts plantation tools grain and every thing that is not disposed of Item I give and bequeath to my two sisters Ann and Elizabeth Kelly the Feather bed that was excepted I also give to them all my Interest in my Fathers estate I also give to them all that they owe me or the longest liver of them Item I give to my Executor one Thousand Dollars to execute this my last Will and Testament truly and faithfully to own use Item If any my Debt due me should prove insolvent and there should not be enough money to pay of[f] all the bequeth[sic] that I have made then in that case it is my Will that all that is made should be scaled except the bequeath that I made to my wife it is my will that hers should stand and the amount that I have given her should be paid over to her out of the first moneys that is collected Item I give and bequeath to my sisters Ann and Elizabeth Kelly or the longest liver of them all the surplus that may remain in the hands of my executor after paying of[f] all the legacies I have given and retaining his own fee to them and their Heirs It is my wish that my friend John W. Norwood act as my executor in witness whereof I have set to my hand seal this 20th day of March AD 1837 Jno Kelly (seal) [Will Book Volume G, page 10] I John Kelly of the County of Orange and State of North Carolina being of sound mind and memory, but Considering the un= certainty of my earthly existence do make and declare this my last Will and testament in manner and form following that is to say First That my executor or administrator shall provide for my body a decent burial and pay All expenses together with my Just debts howsoever and to whomsoever owing out of the monies that may first come into his hands as a part or parsel[sic] of my estate Item I give to my wife Ann Kelly the following Negro slaves that (is to say) Anthony, Judia, Adkins, Washington, Nelly, Frances, Easther, Carolina, Eliza, Bob, Louisa, July, Ann, Jane, Silla Joe Henry Norphtet, Alse, Haywood, Alfred Susan Ben Dick, Peggy, Mingo, Tom, John, Sophia, Sina Moses, Abram, And Edmund, with all the future increase that may come from the above named Negroes I give & bequeathe to my wife Ann Kelly to here[sic] & her heirs forever ["now" x-out] now in case I should live to sell any of the above named negroes it is my will that my Executor pay over the amount that I sell them for to my wife Ann in place of the negroes Item I give and bequeathe to my wife Ann Kelly the sum of Ten Thousand Dollars currant[sic] money to her and her heirs forever my wife Ann Kelly has some four or five Hundred dollars in money that I give and bequeath to her and her heirs forever Item I give and bequeathe to my wife Ann Kelly my Carriage and Harness and every thing belonging to it to her and [Will Book Volume G, page 11] her heirs forever Item It is my will that my executor buy a match of large well Broke young horses out of the balance of my estate that is not disposed of for my wife them I give & bequeathe to my wife Ann to her and her heirs forever Item I give and bequeathe to my wife Ann Kelly my Silver watch to her and her heirs forever Item I give and bequeathe to my wife Ann Kelly All my house-hold furniture except one feather bed to her and her Heirs foreever it is my Will that if my wife Ann should Conclude to remove to the County of Franklin or Nash in that event that my executor pay ["all" x-out] all the expenses out of the balance of my estate that is not disposed of Item I give and bequeath to the deaf and Dum[b] Institution if it can be secured so that the principal will be secured and nothing but the interest used on these conditions I give Six Thousand Dollars for the purpose of Educating Poor mutes first of this County where their parents is not able to educate them if these Conditions is Complied with I give and bequeathe to the Institution and their successors in office forever ~~ Item I give & bequeathe to the North Carolina Confer= ance[sic] of the Methodist Episcopal Church three Thousand Dollars One half for Missionary purposes the other half to the relief ["wourn out" x-out] fund for the support of wourn[sic] out preachers to them and their successors forever [See Note 1] Item I give & bequeath[sic] to my wife Ann Kelly two Thousand five hundred Dollars in addition to what I have given her above to her and her heirs forever Item I have four Negroes not yet disposed off it is my will if they will consent to go to Liberia and have their freedom that my [Will Book Volume G, page 12] Executor send them there if they will not consent to go there then I wish them to choose their mas =ter and my executor to sell them for what he can get for them, that is to say, Gilbert, Martha, his wife Gilford their son and Jarrett ~~~~ Item I give & bequeath to Sarah Clark all that part of the Home Tract of Land lying south of the road adjoining Stephen Clark Wilkerson & others and on the North by the road also 27 1/2 acres on the south of the road and adjoining the other piece Jordan and Smith which land I bought of Patterson to her and her heirs forever Item I give and bequeath to the heirs of David Lockhart Decd. the balance of the land that I bought from Patterson also a Small entry that I made in the North end of the same also the McMund Tract adjoining Harmer Tanner and Wilkerson and others to them and their Heirs forever Item I give & bequeathe to John Lockhart the balance of the Home tract of land and also the tract that I bought from John P Hammer adjoining Wilkerson McDade and others to him and his heirs forever Item I give and bequeathe Elleanor Bain the tract of land that I bought from her mother Keziah Bain adjoining Douglas St Mary Chapel and others to her & her heirs forever Item I wish my executor to sell the tract of Land that I bought from Wm. Cain 100 Acres more or less when it will suit the Convenience of my sisters if they should live longer than I do Item I direct my executor to sell all my stock of every discription[sic] Waggon Carts plantation tools grain and every thing that is not disposed of [Will Book Volume G, page 13] Item I give and bequeathe to my two sisters Ann and Elizabeth Kelly the Feather bed that was excepted I also give to them all my Interest in my Fathers estate I also give to them all that they owe me or the longest liver of them Item I give to my executor one Thousand Dollars to execute this my last will and testament truly and faithfully to own use Item If any of my debts due me should prove insolvent and there should not be enough money to pay off all the bequeaths that I have made then in that case it is my will that all that is made should be scaled except the bequeath that I made to my wife [x-out] it is my will that hers should stand and the amount that I have given her should be paid over to her out of the first money[s] that is collected Item I give and bequeath to my sisters Ann and Elizabeth Kelly or the longest liver of them all the Surplus that may remain in the [hands] of my execu =tor after paying off all the legacies I have given and retaining his own fees to them and their heirs. It is my wish that my friend John W Norwood act as my executor in Witness whereof I have set to my hand seal this 20th day of March AD 1837 John Kelly (seal) Orange County Court November Term 1851 The foregoing Paper writing purporting to be the last Will and testament of John Kelly decd. was [x-out] produced [x-out] in open Court and [x-out] it being established to the satisfaction of the Court that the hand writing of the said Kelly is well Known, and that the said paper was found among the valuable papers & effect of the said deceased by the oath of Charles M Latimer Exqr. and upon its being further proved by the oath of Three respectable persons, towit Charles M Latimer, James C. Turrentine & Joseph Allison that the said Paper writing & every part thereof was in the proper handwriting of the aforesaid John Kelly, it was declared by the Court here that the said writing is the last Will [Will Book Volume G, page 14] & testament of the said John Kelly ~~ Whereupon on motion the same is ordered to be recorded John W. Norwood Esqr. the Executor named in the aid will, then appeared & was duly qualified as such by taking the necessary oaths require by law Test Additional Comments: Will Book Volume G, pages 10-14 Recorded Nov 1851 Note 1: "Worn out preachers" may be describing a pension fund for retired or emeritus ministers. Estate Papers comprise 48 pages and are found in a folder labeled "Kelly, John (1852)". Several documents shed light on the family and the slaves that they owned, some transcribed below. The testator owned a tract of 610 acres, called the Nathaniel Patterson Tract and some of the papers refer to the division of this land. If there is interest in this lineage, further examination of these papers would be warranted. There is a large cross drawn at the bottom of the page near the signature. The signature looks a lot like the handwriting of the rest of the document, so the large cross might be his mark, although it is not identified as such. [Estate Papers - Inventory and Sale Feb 1852] An inventory of the estate of John Kelly dec'd. presented to Febry Co: Court 1852 by J. W. Norwood his admr: [2 pages of notes due omitted] [page 3] [account entries omitted] 41 negroes, namely, Anthony, Judy, Adkin, Washington Nelly, Frances, Ester, Caraline, Eliza, Bob Louisa, July Ann, Jane Silla, Joe, Henry, Norfleet, Alse, Haywood, Alfred Susan, Ben, Dick, Peggy, Mingo, Tom, John, Sophia, Lina[?], Mary[?] Abram, & Edward Bill & William (Twins born since the date of the Will, chil= dren of Ann above) and Alfred born since the date of the Will, children of Susan above. The foregoing negroes are gi= vin by the will to Mrs Kelly. Old George given to Ann & E. Kelly. Gilbert Martha Guilford & Jarrat, willed to be emancipated provided they would go to Liberia. [sundry articles omitted] [Estate Papers Valuation of Negroes Nov 1853] State of North Carolina } Franklin County } In pursuance of an order of a Court held for the County of Orange on the Fourth Monday of November 1853 We the undersigned appoint Commissioners by said Court, valued the follow negroes, Thirty-six in number, left by the last John Kelly of Orange County aforesaid, in his last Will and Testament, to his wife Ann Kelly, placing such valuation upon them as we considered they were worth of the First of December 1851, agreeably to the order aforesaid Haywood 19 years of age in 1851 Valued at $ 850..00 Ben 35 " " " " 700..00 Norfleet 32 " " " " 750..00 Alfred 14 " " " " 650..00 Edmund 56 " " " " 350..00 Dick 14 " " " " 650..00 Minga 10 " " " " 550..00 Washington 14 " " " " 700..00 John 6 " " " " 350..00 Tom 8 " " " " 400..00 Susan } 32 and children } Sinai Sophia & Alfred} " 1200..00 Peggy 12 " " " " 600..00 Ame } 24 and six children } " 1400..00 Nelly 10 " " " " 500..00 Eliza 8 " " " " 450..00 Ailsey 51 " " " " 300..00 Abram 36 " " " " 700..00 [page 2] Caroline 10 years of age in 1851 Valued at $ 500..00 Anthony } 44 Judith } Diseased 48 " " " " 100..00 Ester & children Louis, Bob & Julia " " " " 1050..00 Frances 8 " " " " 400..00 Atkin 28 " " " " 800..00 Moses 36 " " " " 650..00 Making the whole valuation amount to the sum of Fourteen Thousand and six hundred dollars ($14600,) Given under out hands and seals December 31st 1853 W. T. Johnson (seal) Danl. S, Hill (seal) Wm. J. Branch (seal) [Estate Papers - Account Current Feb 1854] [sundry entries omitted] Oct 26 1853 Passage Money[?] of the 4 Negroes to Liberia -- 240 Int 3 Mos 3.60 Expenses of same to Raleigh 8.50 Int 3 Mos .12 Expenses of same Raleigh to Norfolk ----------- 45.00 Int 3 Mos .90 [pages skipped] [new page, several items of historical interest on this page] 1854 Mar 1 To Amt of Estate -------------- $29827.85 " " By Amount of Debts, &c ------- 993.32 __________ $28834.53 By Legacies, Misses Kelly, their bonds --- $1628.39 " Mrs Kelly's Legacies $10.000 & $2500 12500.00 " Mrs Kelly in lieu of Carriage Horses 400.00 " Deaf & Dumb Asylum Legacy ---- 6000.00 " Conference of Methodist Church 3000.00 " JWNorwood in lieu of compensation 1000.00 " In on $22900, of above legacies (exclu= sive of the Misses Kelly's bond) from 1st Decr. 1852, one year from Testator's death & 1st March 1854, 1 yr, 3 mos -- 1717.50 26245.89 __________ 1854 Mar 1 Surplus due to Misses A & E Kelly -- 2588.64 By expenses of Tax orders or legacies & land -- 7.00 Gilbert & wife Martha Guilford & Jar= __________ rant were sent to Liberia according to Mr. Kel= 2581.64 ly's Will their hires from Mr Kelly's death to 26th Oct 1853 & int on same amounted to $285:68 leaving after deducting Doctor's bills $262:68 to which they are entitled, the have recv of same $133.00 still to be sent to them $129:68 All the other slaves of the estate & other personal property were delivered to the lega= tees according to the will, the slaves to the Widow Anne Kelly & the others property as willed. ["Of" x-out] The above Money legacies have been paid except $2316.07 to Mrs Kelly, D.&D. Asylum $1346.70, Misses Anne & Eliza= beth Kelly $2581:64 February 27th 1854 J.W. Norwood Note, Interest is charged on most of my cash receipts after 10 days because a suit to break the will was threatened till about the 1st of ["May" x-out] June 1853 & I could not make payment to the legatees, & lent out the money, to keep the estate at interest, & allowed then days as an average time to do so in. J.W.N.