Wayne County NcArchives Court.....John F. Kornegay, Simon Herring Vs 1869 ************************************************ 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: Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 April 28, 2011, 10:52 am Source: Nc Archives Written: 1869 #9193 SIMON HERRING & WIFE vs JOHN F. KORNEGAY EXEC & OTHERS 1869 Wayne County NC Equity Supreme Court Case found at the NC Archives Abstracted by Martha Mewborn Marble On 9 Sept. 1863 Simon Herring and wife Elizabeth, James Kelly, George Flowers and wife Kitty filed a Bill of Complaint against James F. Kornegay Exec of Wm. Kelly, dec, Elizabeth Kelly and Susan Anderson In 1858 William Kelly departed this life with a Will and James Kelly and George Flowers were the Execs along with James F. Kornegay – sd Kelly left to Elizabeth wife of Simon Herring, James Kelly, Kitty wife of George Flowers, and Simon Anderson (sic) as his children and heirs and his widow Elizabeth – the Will stated after the death of his wife “I give to my grandson Richard Kelly son of Susy Kelly now Susy Anderson the following tract – NOTE: tract not described in the file – and 1 Negro Calvin, one bed and furniture, but should he die then this to be divided among his lawful heirs” – there were other small bequests – the widow, sd Elizabeth, is still living but the sd Richard Kelly is deceased – James F. Kornegay was appointed Administrator of sd Richard – the sd Richard wanted his mother, Susan, to have the Negro Calvin and she claims exclusive rights – the plf content that since the widow is still alive, Richard Kelly never had total rights over Calvin – they contend the widow Elizabeth and the mother Susan should have equal rights – Calvin should be sold and the money divided The answer of James F. Kornegay, Susan Anderson and Elizabeth Kelly They felt the property of Wm. Kelly dec being that he had a Will, should have been disposed of immediately upon probate including the land and the slave Larry bequeathed to James Kelly who had the sd slave and has since sold him – the same should be true of the other slaves but if she the widow is still alive the slaves are hers for her life – Kornegay stated Kelly had about $180 in money at his death but some of it was in notes which are insolvent and the debts are higher than the income A copy of the deed from Elizabeth Kelly to Richard Kelly for the negro Calvin and the issue of sd Richard’s lack of heirs was not raised James Kelly deposed that the sd Calvin was an excellent hand worth at least $100 a year George Flowers said the same as did Simon Herring Susan Anderson stated her son died 8 June in the year given – NOTE: it was not given – Richard Kelly had hired Calvin out to Thomas H. Stanton for $75 for the year sd Richard died and sd Calvin should be rented for that amount to Mr. Kornegay Later it was stated that Richard Kelly died in 1862 Calvin was hired over the years for $634.88 and paid out NOTE: does not clarify – for $434 leaving a balance $200.88 A copy of the Will was attached INDENTURE Abstract State of North Carolina, Wayne County Indenture - 25 Sept. 1861 - Elizabeth Kelly to Richard Kelly - $5.00 for one Negro man Calvin – sd Calvin was willed by my husband, William Kelly, to the sd Richard Kelly – I convey all my rights and title “from the death of my husband during my life time” Elizabeth (x) Kelly Recorded Liber B B No 27 page 411m Nov. 17th 1863, J. C.. Slocumb, ROD File at: http://files.usgwarchives.net/nc/wayne/court/johnfkor1742wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 3.8 Kb