Orange County NcArchives Wills.....Kelly, John Sr May 19, 1817 ************************************************ 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 E, pages 115-117 Written: May 19, 1817 Recorded: Aug 1826 Testator: John Kelly, Sr In the name of God Amen - I John Kelly of the County of Orange Farmer being in Perfect Health of Body & Perfect Mind and Memory Thanks be given unto God Calling unto mind the mortality of my body - and knowing that it is appointed for all men once to Die - Do make and ordain the my last will and Testament - that is to say - Principally & first of all - I give and Recommend My Soul unto the hand of Almighty God that gave it and my Body I Recommend to the Earth - to be Buried in a Decent Christian like Burial at the - Discretion of my Executors - nothing Doubting but at [the] General Resurrection I Shall Receive The Same again by the mighty power of God - and as Touching Such Worldly Estate wherewith it hath Pleased God to bless me in this life - I give Demise and Dispose of the Same in the following manner and form - First - my will is that all my Just Debts be paid out of my crop that is on Hand - and my crop now growing - together with the money that is owing to me - and if there Should not Sufficient arise therefrom the Residue be Raised by Selling Such part of my Estate as my Executors and the Parties concerned may think proper - Secondly - I give and Bequeath to my two grand Daughters Pegy and Sally Lockhart Fifty Dollars Each - and a Feather Bed Each and Furniture - the mon[e]y to be Raised out [of] my Estate and put to Interest by my Executors untill they Come of age or marry - Thirdly - I give to my four - [page 2] Grandsons, Namely - Isaac John_K_Billy & David Lockharts, one Dollar Each to be Paid them by my Executors and allso that Each of them be Bound Prentice to such Trade as they or either of them may with the advice of my Executors Chuse - as Soon as it appears to my Executors to be Practi[ca]ble and from thence untill They arrive at the age of Twenty One Years - Fourthly - The Residue of my Estate Real and Personal - I give and Bequeath to my wife Mary Kelly and her Six Children (To Wit) Keziah Bane - Nancy Kelly - Polly - Betty - My son John and Charity Kelly - to be Equally Divided as may be - the Negroe girl Darky which Keziah have goton[sic] to be included in her Part - And at the Death of my wife her part to be equally Divided between her Six Children or if any of them Should Die before her to the Surviving part of them or the Heirs of the Deceased if any Fifthly - my will is that one Hundred Acres of the Tract of land - Marked - No 2 - on the back of The Deed be taken from No 2 & added to No 8 - to Support the East Side of No 8 - with Timber - and Also that the Ballance of the Tract No 2- and the Tract No 3 - be aded to No 1 - to - support it with Timber - Also that the Arm Represented in the Platt No 7 - be Taken from No 7- and aded to No 5- Beginning at a white oak the No-east corner of sd Plat- [page 3] Runing thence No_ To Adam Douglas his line thence west along Said line to A Stake the No Side of Buckwater Creek - and that No 4 - No 5- and No 6 - All Joining Each other, be sold to the best advantage as soon as is convenient Either on a credit or otherwise as my Executors and the Parties Concerned may think best - and Also - that the Ballance of the Tract No 7- be aded to No 8- and No 8- and the Difer= =ent Parts aded to it be Kept for a Home for my wife and Daughters and Grand Daughters ["above" x-out] above named as long as they may want it for that purpose - or mar[r]y and if any Dispute ["should" x-out] Should arise Between the Parties Respecting the Divition that such Dispute be Decided by three or five Juditious Honest men chosen by the Parties for that Purpose - and I Do hereby make and orda= =in my only Son John Kelly and my son in law - Thomas Bain Executors of this my last will and Testament - In witness whereof I the Said John Kelly - have to this my last will and Testament Set my Hand and Seal this Nineteenth Day of May one thousand Eight Hundred and Seventeen - Signed sealed published and Declared } to be the last will and Testament of } Jna. Kelly Sen (Seal) John Kelly the Testator in the Presence of } us James Cain } Jurat Archd. Cain } Exrs qualified [Will Book Volume E, page 115] In the name of God ! Amen ~~ I John Kelly of the County of Orange Farmer being in perfect Health of Body & perfect mind and memory thanks be given unto God Calling into mind the mortality of my body ~~ And knowing that it is appointed for all men once to die ~~ Do make and Ordain the my last Will & Testament, that is to say, ~~ Principally & first of all ~~ I give and recommend my Soul into the hand of Almighty God that gave it and my Body I recommend to the Earth to be Buried in a decent Christian-like burial at the discretion of my Executors ~~ Nothing Doubting but at the General Resurrection I shall receive the Same again by the mighty power of God And as touching Such Worldly Estate wherewith it hath Pleased God to bless me in this life ~~ I give demise & dispose of the Same in the following manner & form ~~ First my Will is that all my just Debts be paid out of my Crop that is on Hand and my Crop now growing, together with the money that is Owing to me ~~ And if there Should not Sufficient arise therefrom the residue be raised by Selling Such part of my Estate as my Executors and the Parties concerned may think proper ~~ Secondly I give and bequeath to my two grand Daughters, Peggy and Sally Lockhart fifty Dollars each & a feather bed each & furniture ~~ The money to be raised out of my Estate & put to interest by my Executors until they come of age or marry ~~ Thirdly I give to my four Grand-sons, namely Isaac John_K_Billy & David Lockharts one Dollar each to be paid [Will Book Volume E, page 116] them by my Executors ~~ And also that each of them be bound Prentice to Such Trade as they or either of them may with the advice of my Executors Choose, as soon as it appears to my Executors to be practi= cable & from thence until they arrive at the age of Twenty One Years ~~ Fourthly The residue of my Estate real & personal I give & bequeath to my wife Mary Kelly & her Six Children (to wit) Kesiah Bane, Nancy Kelly, Polly, Betsey, my son John and Charity Kelly to be equally divided as may be ~~ the negro girl Darkey which Keziah have gotten to be included in her part ~~ And at the death of my Wife her part to be equally divided between her Six Children or if any of them should die before her to the Surviving Part of them or the heirs of the deceased, if any ~~ Fifthly My will is that One Hundred Acres of the Tract of Land Marked No 2 on the back of the Deed be taken from No 2 & added to No 8 to Support the East Side of No 8 with Timber And also that the balance of the Tract No 2 and the Tract No 3 be added to No 1 to Support it with Timber - Also that the Arm Repre= Sented in [the] Platt No 7 be taken from No 7 and added to No 5. Beginning at a white oak the No-East corner of sd Plat running thence North to Adam Douglas his line thence West along his line to a Stake the No. Side of Buck- water Creek ~~ And that No 4. No 5 & No 6 all joining each other be sold to the best advantage as soon as is convenient either on a Credit or otherwise as my Executors & the Parties Concerned may think best ~ And also that the balance of the Tract No 7 be added to No 8 ~~ And No 8 and the different Parts added to it be Kept for a home for my Wife & Daughters and Grand-daughters above named as long as they may want it for that purpose or marry ~~ And if any dispute should arise between the parties respecting the Division, that such dispute be decided by three or five judicious, Honest men chosen by the parties for that purpose And I do hereby make & ordain my only Son John Kelly and my son in law Thomas Bain Executors of this my last Will & testament In witness whereof I the Said John Kelly have to this my last Will & Testament Set my hand and Seal this Nineteenth day of May [Will Book Volume E, page 117] one thousand, Eight Hundred and Seventeen - Signed Sealed Published & declared to be the last Will & Testament of John Kelly the Jno. Kelly Sen (Seal) Testator in the presence of us James Cain Archd. Cain Orange County August Term 1826 The Execution of the foregoing last Will & Testament of John Kelly decd. was duly proved in open Court by the Oaths of James Cain and Archibald Cain subscribing Witnesses thereto & Ord- ered to be recorded ~~ At the same time John Kelly & Thomas Bain Executors therein named qualified according & appoin= tment ~~ Test Additional Comments: Will Book Volume E, pages 115-117 Recorded Aug 1826 Estate Papers comprise 38 pages and are found in a folder labeled "Kelly, John (1826)". [Estate Papers - Inventory 24 Oct 1826] An Inventory of the Estate of John Kelly Decd. taken the 24th day of October 1826 -- By Jno Kelly one of the Exrs ============================================================ Land in the difnt. Tracts about 934 acres Jenny a Negroe Woman aged 75 or 80 Rachel ditto ditto age 46 years Fred a man age --- 44 " George a man age --- 40 Lucy a woman age 38 Seely a woman age 27 Moriah a girl age 12 Alexd. a boy cripple 10 Anderson a boy age 8 Daniel a boy age 3 Luina[?] a girl age 1 year & 2 mo ------------------ Dorcus a woman age 22 years Eliza a girl age 6 George a boy age 4 ------------------ [Estate Papers - Sale of Negro Fred 29 May 1827] An account of sale of Fred the property of John Kelly Decd. Sold the 29th day of May 1827 on a credit of six month by the Exr. one Negroe man Fred to Robt Donnell $321.00 this 29th May 1827 sold by Jno Kelly Exr. of John Kelly Decd. [Estate Papers - Arrest Warrant 3 Feb 1827] State of North Carolina To the Sheriff of Orange County Greeting: YOU are hereby commanded to take the bodies of Nathaniel Bain & John Bain if to be found in your county, and them safely keep, so that you have them before the Justices of our Court of Pleas & Quarter Session to be held for Orange County, at the Court-House in Hillsboro on the 4th Monday in Febr next, then and there to answer John Kelly Surviving Exr &c of a plea of that they render him three negro slaves towit Dark worth $900, Eliza worth $400 & George worth $400 which they detain to his damage four hundred dollars Herein fail not, and have you then and there this Writ. WITNESS, John Taylor Clerk of out said Court, at Office, the 4th Monday of November A.D. 1826 Issued the 3rd day of Febr 1827 J. Taylor CCC [Estate Papers - Award of Damages for slaves] North Carolina } Orange County } John Kelly Exr of the } last will & testament of } Court of pleas and John Kelly Senr. decd. } Quarter Sessions vs. } Nathaniel & John Bain } In pursuance of the rule of reference entered in the above case, We have considered of the case & do award as follows. That the plaintiff is en- -titled to the two negro Children towit Eliza & George and that he do recover the same with sd. damages for detention we further fix the value of sd. children at $400 each We do further award that the negro woman Dorcas be & remain with the defendants and that her value at the time she was placed in possession of Thomas Bain is the sum for which Keziah Bain will be bound account in the further distribution of the Estate of John Kelly Senr. decd.: and that the defendants pay the costs of this suit out of the estate of Thomas Bain decd. & not out of their own pockets W.P. Mangum F Nash [Estate Papers - Division of Slaves 11 Feb 1828] Whereas we Joseph Woods Moses McCowan William Allen and Tho. W. Holden have been selected chosen and app= =ointed by Keziah Bane (and the Executors of Tho. Bane decd.) John Kelley Nancy Kelley Polly Kelley and Betsey Kelley surviving legatees of John Kelley Senr. decd. to assess lay off and allott the negroes belonging to the said decd. to each Legatee, do assess and allott as follows -- Jenny an Incumbrance at $80 Rachell --- $200, George $350, Lucy -- $190 Ceeley -- 150, Moriah $160, Alexander -- $100-- Anderson --$300 Daniel -- 175, Viney $150--Dorcas $270--, Eliza $210 George 200 which allottment is John Kelly has George and Viney at $500 -------------- Nancy Kelly has Anderson and Ceeley -- 450 -------------- Keziah Bane Dorcas Eliza & George -- 680 -------------- Polly Kelly has Rachell & Moriah -- 360 -------------- Betsey Kelly has Lucy Daniel and Alexander 465 ________ 2455 deduct Jinny --- 80 5/2375 ________ each share $475 and Furthermore, John Kelly Nancy Kelly Polly Kelly and Betsey Kelly or their heirs are bound for the support and Maintenance of the old negro woman Jinney and Keziah Bane and the Executors of Tho. Bane decd. are completely exorated[sic] from any Incumberance whatever of old Jinny The defferment of the Jumt[?] in Relation to John Nancy Polly & Bestey is to be accommodate as they my make arrangement and Keziah Bane or the Executors of Tho. Bane decd. are to pay John Kelly surviving Executor of John Kelly decd. on a settlement of said Estate the sum of Two Hundred and five dollars which will also show by a Receipt given this day by John Bane Executor of Tho. Bane decd. Monday February the 11 1828 Given under out hands and seals ------------ Joseph Woods (seal) Moses McCowan (seal) Wm. Allen (seal) Tho. W. Holden (seal)