Orange County NcArchives Wills.....Kelly, Mary August 6, 1828 ************************************************ 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 213-215 Written: August 6, 1828 Recorded: Feb 1830 Testator: Mary Kelly In the name of God Amen; I Mary Kelley[sic] of the county of Orange and state of North Carolina, being very weak in body, but of sound mind and memory as usual, and believing that the disorder that is now preying on my body will very soon occation my death and being desirous that my property may be disposed of so as not to create any dif= =ficulty here after do make and ordain this my last Will and Testament First I give and bequeath all the Interest I have or may have, to several Tracts of Land of my Fathers Estate, (which will fully show in the division of the said Lands, wherein my part has not been separated from the Land belonging to John Kelly[sic] Nancy Kelly and Betsey Kelly, nor do I wish it divided from Nancys and Betseys Lands) unto them the said Nancy and Betsey Kelly to do with as may seem good. I also give unto them the said Nancy and Betsey my Two negro women Rachel and Moriah also all my part in the stock of Horses cattle sheep hoggs, and also I give unto them all the Interest I have in the personal property belonging to my Fathers estate, Together with all the money which may be due me therefrom, also I give them all the Interest in the present crop now gathering and all that is now growing consisting of wheat oats Flax Rye hay straw corn cotton Fodder &c - also all my right to the waggon and geer of all kind also the farming Tools unto them the said Nancy and Betsy Kelley to have and to hold the above named property absolutely each to share and share alike and to dispose of the same as they may deem proper, under the express conditions that they pay over to my Executor such sum - or sums of money as may be sufficient to defray the expense of My estate and ["My estate and" interlined] a desent Burial, also all the debts that may come against my estate, also pay to my said Executor the sum of Fifteen dollars for Sally Lockhart for her services to me Item the second, I give and bequeath unto Sally Lockhart the sum of Fifteen dollars for her attention to me in my sick= =ness Item the third I give and bequeath unto my sister Kesiah [page 2] Bain my bed with all the necessary furniture The above named sum of money is to be paid over to my said executor on or before Twelve months, and all sums that has been contracted for the use of the plantation is to be paid to the persons with whom the contracts has been made, by my sisters Nancy and Betsey Kelly I do by these presents constitute and appoint my friend Tho. W. Holden my Executor to carry this my said Will into effect. In Testemony Whereof I have have[sic] here unto affixed my hand and seal, In the year of our Lord one Thousand Eight Hundred and Twenty Eight, and on the 6th day of August -- The words (and my Estate,) was interlined before signing In presence of ----- Hugh Cain Mary Kelly (seal) John Lockhart Jurat Ex qualified [Will Book Volume E, page 213] In the name of God Amen I Mary Kelley of the County of Orange and State of North Carolina, being very Weak in body but of Sound mind and memory as usual and believing that the disorder that is now preying on my body will very Soon accasion my death and being desirous that my property may be disposed of So as not to create any difficulty hereafter do make and ordain this my Last Will and [Will Book Volume E, page 214] Testament First I gave and bequeath all the Interest I have or may have to Several Tracts of Land of my Fathers Estate (which will fully Show in the division of the Said Lands wherein my part has not been Seperated from the Land belonging to John Kelley Nancy Kelley and Betsey Kelley nor do I Wish it divided from Nancy and Betsey Lands) unto them the said Nancy and Betsey Kelley to do with as may Seem Good I Also give unto them the Said Nancy and Betsey my Two negro Women Rachel and Moriah also all my part in the Stock of Horses Cattle Sheep hogs and also I gave unto them all the Interest I have in the personal property belonging to my Fathers Estate Together with all the money which may be due me there from also I gave them all the Interest in the present Crop now gathering and all that is now Growing Consisting of Wheat Oats Flax Rye hay Straw Corn Cotton Fodder &c Also all my right to the Wagon and Geer of all Kind Also the farming Tools unto them the Said Nancy and Betsey Kelly to have and to hold the ["Same" x-out] above name[d] property ["Also" x-out] absolutely each to Share and Share a like and to dispose of the Same as they may deem proper under the express Conditions that they pay over to my Executor such Sum or Sums of money as may be Sufficient to defray the expense of my Estate and a decent Burial also all the debts that may come against my estate Also pay to my Said Executor the Sum of Fifteen Dollars for Sally Lockhart for her Services to me Item the Second I give and bequeath unto Sally Lockheat[sic] the Sum of Fifteen Dollars for her attention to me in my Sickness Item the third I give and bequeath unto my Sister Kesiah Bane my bed with all the necessary furniture. The above named Sum of money is to be paid over to my Sd. executor on or before Twelve months and all Sums that has been constituted[contracted] for the use of the plantation is to be paid to the persons [x-out] With whom the contracts has been made by my Sisters Nancy and Betsey Kelley I do by these presence[sic] constitute and appoint my friend Thomas W Holden my Executor to carry this my Said Will into affect[sic] In Testemony[sic] Whereof I have hereunto affixed my hand and Seal In the year of our Lord one Thousand Eight Hundred and Twenty Eight and on the 6th day of August In presence of Hugh Cain Mary Kelly ~~~~~ (seal) John Lockhart Orange County February Term 1830 The Execution of the foregoing Last Will and Testament of Mary Kelly was duly proved by the oaths of Hugh Cain & John Lockhart in open Court the subscribing Witnesses thereto and ordered to be Recorded [Will Book Volume E, page 215] At the Same time Thomas W Holden ["qualified" x-out] the Executor ["Ap" x-out] there in named appeared in open Court and qualified accordingly Test Additional Comments: Will Book Volume E, pages 213-215 Recorded Feb 1830 Original loose will uses "Kelley" for the testator, vacillates between Kelley and Kelly throughout and ends with testators' signature (not mark), spelled "Kelly" Estate papers comprise four pages and are found in a folder labeled "Kelly, Mary (1831)". Family history transcribed below. [Estate papers - Bond 26 Aug 1831] August 26 1831 We Nancy and Betsey Kelly legatee to the last Will and Testament of May Kelly decd. have this day received from Tho Holden Executor of the said decd. the following property Two negro women Rachel and Moriah, The one third part of horses cattle, sheep, hogs, waggon & geer, farming tools, and the crop of 1828 00 together with all the Interest of the said decd. in the personal property of her fathers estate, also the product of this crop of 1829 00 say the one third of ninety five dolls -- and agreeable to Item the second in the said will he have recevd. fifteen dollars Willed to Sally Lockhart Anne Kelly Jno Kelly Elizabeth Kelly No. 3 We have delivered over agreeable to the will the bed and furniture to sister Keziah Bane Anne Kelly Jno Kelly Elizabeth Kelly