Wayne County NcArchives Wills.....Kelly, William 1858 ************************************************ 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, 10:53 am Source: Nc Archives Written: 1858 WILL OF WILLIAM KELLY Found in NC Supreme Court Case #9193 In the Name of God amen I William Kelly of the County of Wayne and State of North Carolina being of sound disposing ?? mind and memory but calling to mind the shortness of time and the certainty of death and knowing that all men must die, do make and order this my last will and Testament in manner and form following Item 1st I lend unto my beloved wife Elizabeth during her natural life all the lands whereon I now live known as the lands I bought of Burwell Rouse and Lee Casey with all the buildings and improvements thereon all my great house and kitchen furniture, farming tools, Blacksmith Tools and all my Stock of every kind and the following negroes, Washington, Bob, Charlotte, Sint ??? and John. Item 2nd After the death of my wife Elizabeth I give unto my son James Kelly one tract of land bounded as follows, Beginning at a stake at the head of hog pen branch and runs South 1 East 64 poles to a black jack then North 88 East 80 poles to a pine by the fence then South 5 West 7 1/2 poles to a stake in the hobby path then along said path to a hickory by the blacksmith shop then North 13 1/2 East 164 poles to a post oak stump in the field, James’ own corner of the Revel land which I gave him then North 85 East 70 poles to a white oak on the east side of Brooks Swamp then up the run of said swamp as it meanders to a pine stump then North 71 East along a line of marked trees 64 poles to a fence, then North 1 East 45 poles to a small hickory and blackjack stump, then North 88 West 86 poles to a dead red oak then South 27 West 194 poles to a post oak stump in the field then South 70 West 83 poles to a pine on Brook’s Swamp then down said Swamp as it rises to the mouth of hog pen branch them up said branch to the beginning. Also one negro boy named Larry about 15 or 16 years old to him and his heirs forever. Item 3rd I leave to my daughter formerly Susy Kelly now Susy Andrews during her natural life all my lands on the northwest side of Brooks Swamp after the death of my wife also one negro girl named Rebecca during her natural life and no longer Item 4th After the death of my beloved wife I give unto my Grandson Richard Kelly the Son of Susy Kelly formerly now Susy Andrews the following tract of land beginning at a hickory near the blacksmiths shop and running No. 13 1/2 East 164 plles to a post oak stump in the field then North 85 east 70 poles to a White oak on the east side of Brooks Swamp and all the land on the East side of said line known as a part of the lands I bought of Burwell Rouse and Lee Casey except the portion on the Northwest side of Brooks Swamp which I have reserved to his mother her life and then I give it all to him and his heirs forever and one negro named Calvin one bed and furniture, but should said Richard die without any lawful heirs, then all the land and negro to be equally divided with my lawful heirs Item 4th (sic) I lend unto my daughter Kitty Flowers formerly Kitty Kelly all the land I own on Thunder Swamp and one negro girl Penny and all her increase during her natural life and after her death to be equally divided among her lawful heirs. Item 5th I lend to my daughter Elizabeth Herring formerly Elizabeth Kelly all the lands I bot of Elisha Bass supposed 200 acres and one girl Sarah and all her increase during her natural life, after her death I wish said lands and negro or negroes equally divided between all her lawful heirs. Item 6th Should either of the above negroes die before the heir which was to have it shall receive it then and in each and every case I wish the value of said negro made good to said heir. Item 7th After the death of my beloved wife Elizabeth I wish all the negroes I have loaned her and their increase equally divided between my son James Kelly, Kitty Flowers and Elizabeth Herring. Item 8th After the death of my beloved wife Elizabeth I wish my hereafter named Executors to make sale on a credit of Six months of all my stock of every kind all my great house and kitchen furniture and everything that I have not heretofore given away and after all my just debts and all musing expenses of the burial expenses of myself and wife the remainder I wish equally divided among all my lawful heirs and my grandson Richard Kelly. Item 9th and Lastly I nominate and appoint my son James Kelly and George Flowers and James Kornegay my whole lawful Executors to this my last will and Testament utterly revoking and forever dismantling all other will or wills by me heretofore made or cause to be made. In witness whereof I have hereunto set my hand and seal this 2nd March 1850. Signed William (x) Kelly WIT. Benjah Herring Wm. H. Woodard Wayne County August Term 1858 ?? Will presented to the Court for probate on the testimony of Benjah Herring and William H. 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