Orange County NcArchives Wills.....Neely, John October 13, 1811 ************************************************ 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 D, pages 455-456 Written: October 13, 1811 Recorded: Nov 1815 Testator: John Neely In the Name of God Amen I John Nealy of Orange County being Sound in mind and memory do ordain Constitute and Establish this as my Last Will and Testament Revoking all Wills and parts of Wills heretofore -- made by me Item I want my Wife Mary to have out of my Estate fifteen pounds or thirty Dollars a year as long as she lives and more if her inability Requires it and five pounds for her Burial after her Death Item I give to my Daughter Sally Cates five shillings & to her Son Neeley Cates thirty --- Pounds Item I give to my son Isaac Neeley Five Shillings & fifty Pounds to be Equally Divided between all of his children lawfully begotten Item I give to my Daughter Nelly Turrentine Five Shillings and to her Children Lawfully begotten of her Body one Hundred pound[s] to be Equally divided between them all Item I give to my Daughter Elizabeth Bryant Five Shillings and to her children One hundred pounds to be Equally Divided between them ["her Children Lawfully begotten" x-out] Item I give to my daughter Rachel Pickle[?] Five Shillings, and to her Children One hundred pounds to be Equally divided between them Item I give to my Daughter Polly Green Five Shillin= =gs and to her Children One Hundred Pounds to be Equally Divided between them [page 2] Item I give to my Son John Nealey one Hundred and fifty Pounds, one Bed and furnature Item I Give to my Son Thomas Nealey one Hundred Pounds and Bed and furnature Item I give to my Daughter Nancy Harris Five Shillings and to her Children fifty Pounds to be Equally divided among them Item I give to my daughter Hannah Nealey Thirty Pounds & one Bed & furniture and thirty Pounds to her son Green Nealey, and the benefit of a Note Due from Robert Jones for thirteen pounds Ten Shillings it is my wish that after the Legacies heretofore given is taken out of my Estate, and all my Just Debts paid, that the Balance of my Property if any Shall be disposed of and paid to my Grand children in the same proportion as I have given their legacies Viz those that I have left one Hundred pounds to to have a much again or Double the Quantity of the Residue as those that I have given fifty pounds to and so on I leave as my Executors to this my last Will and Testament my friends Samuele Turrentine Senr. Benj Bullock & my Son John Nealey Junr - October 13th 1811 Signed & acknowledged } his in the presence of } John (O) Neeley (seal) Chas. Holman } mark Thos. Wilson } Orange County in the first line and one bed and Joseph Woods Jurat } furnature in the 8th line from the 2nd page interlined before assigned John Neely qualified [Second handwritten copy of will found with original, signed will] In the name of God Amen I John Neeley of Orange County being of sound Mind and Memory do ordain, constitute and establish this as my last Will and Testament revoking all Wills and parts of Wills heretofore made by me ---- Item I want my Wife Mary to have out of my estate fifteen pounds or thirty Dollars a year as long as she lives, and more if her inabilities require it, and five pounds for her burial after her death -- Item I give to my daughter Sally Cates five shillings & to her son Neeley Cates thirty pounds Item I give to my son Isaac Neeley five shillings & fifty pounds to be divided equally between all [of] his children lawfully begotten -- Item I give to my daughter Nelly Turrentine five Shillings and to her children lawfully begotten of her body one hundred pounds to be equally divided between them all --- Item I give to my daughter Elizabeth Bryant five Shillings & to her children one hundred pounds to be equally divided between them -- Item I give to my daughter Rachel Pickel five Shillings, and to her children One hundred pounds to be equally divided between them -- Item I give to my daughter Polly Green five Shillings, and to her Children One hundred pounds to be equally divided between them -- Item I give to my son John Neely One hundred and fifty pounds, one Bed and furniture -- Item I give to my son [?] Thomas Neely one hundred pounds & Bed and furniture -- Item I give to my daughter Nancy Harris five Shillings and to her Children fifty pounds to be equally divided between [among] them -- Item I give to my daughter Hannah [?] Neely thirty pounds & one Bed & furniture and thirty Pounds to her son Green Neeley, & the benefit of a Note due from Robert Jones for thirteen pounds ten Shillings == It is my wish that after the Legacies heretofore given is taken out of [page 2] my Estate, and all my Just debts are paid, that the balance of my property, if any, shall be disposed of and paid to my grand children in the same proportion as I have given their legacies, viz, those that I have left One hundred pounds, to have a much again or double the quantity of the residue as those that I have given fifty pounds to & so on -------- I leave as my Executors to this my last Will and Testament my friends Samuel Turrentine Senr. Benjamin Bullock & my son John Neeley Junr - October 31st 1811 Signed & acknowledged } his in the presence of } John (O) Neeley (seal) Chas. Holman mark Thos. Wilson Joseph Woods Orange County November Term 1815 The Execution of the foregoing last Will and Testament of John Neeley decd. was duly proved in open Court by the Oath of Joseph Woods a subscribing Witness thereto, and ordered to be recorded, At the same time John Neeley Junr. one of the Executors therein named qualified accordingly Test J Taylor CC I Certify the foregoing to be a true Copy from the Records in my office J Taylor CC [Will Book Volume D, page 455] In the Name of God, Amen. I John Nealy of Orange County being of sound mind and memory do ordain Constitute and Establish this as my Last Will and Testament revoking all Wills and parts of Wills heretofore made by me ~~~ ~~~ Item I want my Wife Mary to have out of my Estate fifteen pounds or thirty dollars a year as long as she lives and more if her inabilities require it, and five pounds for her Burial after her death ~~~ Item I give to my daughter Sally Cates five shillings & to her Son Nealy Cates thirty pounds ~~~~~ Item I give to my Son Isaac Nealy five Shillings and fifty Pounds to be equally divided between all his children lawfully begotten ~~~ Item I give to my daughter Nebly[Nelly] Turrentine five Shillings and to her [Will Book Volume D, page 456] children lawfully begotten of her body one hundred pounds to be equally divided between them all ~~~ Item I give to my daughter Elizabeth Bryant five Shillings and to her Children One hundred pounds to be equally divided between them ~~~ Item I give to my daughter Rachel Pickle five Shillings, and to her children one hundred pounds to be equally divided between them, Item I give to my Daughter Polly Green five Shillings and to her children One hundred pounds to be equally divided between them, Item I give to my Son John Nealy One hundred & fifty Pounds, one Bed & furniture ~~~ Item I give to my Son Thomas Nealy One hundred Pounds & Bed & furniture Item. I give to my daughter Nancy Harris five Shillings and to her Children fifty Pounds to be equally divided among them Item I give to my daughter Hannah Nealy thirty pounds & one Bed & furniture and thirty Pounds to her son Green Nealy, and the benefit of a Note due from Robert Jones for thirteen pounds ten Shillings ~~~~ It is my wish that after the legacies heretofore given is taken out of my Estate & all my Just debts paid that the balance of my property if any, shall be disposed of and paid to my Grand children in the same propor =tion as I have given their Legacies (Viz) those that I have left one hundred pounds to to have a much again or double the quantity of the residue as those that I have given fifty pounds to, and so on I leave as my Executors to this my last Will and Testament my friends Samuel Turrentine Senr. Benj Bullock & my Son John Nealy Junr October the 13th 1811 Signed & acknowledged } his in the presence of } John (O) Neeley (seal) Chas. Holman } mark Thos. Wilson } Joseph Woods } Orange County November Term 1815 The Execution of the foregoing last Will and Testament of John Neeley decd. was duly proved in Open Court by the Oath of Joseph Woods a subscribing Witness thereto and ordered to be recorded at the same time John Neely Junr. one of the Executor therein named qualified accordingly Test Additional Comments: Will Book Volume D, pages 455-456 Recorded Nov 1815 Estate Papers comprise 94 pages and are found in a folder labeled "Neeley, John (1815)". There is a great deal of family history buried within these pages that is not included in this transcription. Rachel married Henry Pickel Sally married John Cates Nelly married James Turrentine Elizabeth married James Bryant Polly married Allen Green Nancy married Mark Harris [Estate Papers - Power of Attorney 1 Sep 1832] Whereas John Neely late of Orange County, State of North Carolina depart this life having first made his last Will and Testament, in which among other things is contained the following bequest "I give to my daughter, Elizabeth Bryant five shillings, and to her children one hundred pounds to be equally divided between them." also this further bequest "It is my wish that after the Legacies hereto- fore given is taken out of the estate, and all my just debts are paid, that the balance of my property, if any, shall be dis- posed of and paid to my grand children, in the same proportion as I have given my legacies" -- And whereas Thomas J. Bryans, Ebenezer Hill, who has intermarried with Polly Bryans John H. Laird who has intermarried with Nancy G.[?] Bryans James Kerr who has intermarried with Henrietta C. Bryans Claiborne B. Worsham, who has intermarried with Elenor G. Bryans and John Neely Bryans are justly and rightfully entitled to such part of said estate as was devise to the children of said Elizabeth, as aforesaid, and whereas all of said legatees are of full age - Now Know all men by there presents that we Ebenezer Hill and Claiborne B. Worsham of the County of Lincoln & State of Tennes- see, have made, ordain, authorized, nominated and appoint- ed, and do by these presents, make ordain, authorize nominate and appoint, Presley Mangum of Orange County, State of North Car= olina, our true and lawful attorney for us and in our name & for our own proper use and benefit, to ask, demand and sue for recourse and receive of and from the executor or executors of the said John Neely, deceased, or such other person or persons as may be liable to pay the same, all such sums of money or this estate as we may be entitled to receive from the estate of the said [page 2] John Neely deceased, by virtue of the premises before recited, and to have, take and use all lawful ways and means in our names or other wise for the recovery thereof by attachment, arrest distress or oth- erwise, and to compound and agree for the same, and acquittances or other sufficient discharges for the same, for us and in our names to make and seal, as fully in every respect as we ourselves, might or could do, were we personally present at the doing thereof; and attorneys one or more, under him, for the purposes aforesaid to make, and again at his pleasure to revoke, hereby ratifying and ["conffirming" x-out] confirming whatever our said Attorney shall in our names lawfully do or cause to be done, in and about the premises, by virtue of these presents. In Witness whereof we have hereunto set our hands and seals at Fayetteville, Lincoln County, State of Tennessee this first day of September in the Year of our Lord One thousand eight hundred and thirty two. - Signed and Sealed in } Ebenr Hill Seal presence of } C. B. Worsham (sea) Joseph B. Hill } James J. Wilson } [various Tennessee endorsements omitted]