Culpeper County Virginia USGenWeb Archives Wills.....Kelly, Thomas August 25, 1823 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Colleen Schneider colleenschneider@gmail.com March 12, 2008, 8:02 am Source: Virginia Reel 34, Culpeper, Va Will Book K P's 439-441 Written: August 25, 1823 I Thomas Kelly of the county of Culpeper do here make my last Will and Testament in the following manner bereby revoking all former Wills to date. In the 1st place I desire all my just debts to be paid and funeral expenses 2nd I give and bequeath unto my wife Mary during her life, the following Negroes to wit Yarrow, Ned, Jenny & Alice. Also the tract of land whereon I at present reside provided she shall take a kind and motherly care of my unfortunate son William and also son Joseph until he arrives to the age of twenty one years, but of my said son Joseph does not choose to live with my wife, then she shall be bound to be give him twenty five dollars a year so long as she shall live or as long as she shall keep the land and after her death my will is that the tract of land shall be equally divided amongst my four children Mary Ann, Elizabeth, Joseph and William or their heirs and the Negroes and other property shall be equally divided amongst all my children or their heirs. To be given to my wife two beds and furniture including bedstands such as she may choose. page 440 Two harness horses, one yoke of flax, two cows, six sheep and six killing hogs and two sows, all my kitchen furnishings and a childs part of all my household furniture, plantation utencils, of my crops of every description and every other part of my property debts & except what I specificly willed and also what may be requested to pay my just debts and funeral expenses and a just renumeration of my executors hereafter to be named. 3rd I give to my two daughters Mary Ann & Elizabeth two Negroes, Eliza & Henry to be divided between them as they may agree on and to each of them one fourth part of the land I live on after the death of my wife and a childs part of the remainder of my property with the limitations mentioned in the 2nd clause of this will to them or their heirs forever. 4thly I give & bequeath unto my son George one equal half of my tract of land lying in the county of Fauquier and a childs part of one seventh part of my other property with the limitations set forth in the second clause of this will. 5thly I give and bequeath to the heirs of my son Thomas lawfully begotten one equal half of my land in Fauguier , one Negro girl named Maria and a childs or one seventh part of the residue of my property with limitations set forth in the second clause of this will. 6th I give and bequeath to my son Joseph one fourth part of the land I live on after the death of my wife, two Negroes to wit Jesee, & Anne, one bed bedstand and furniture, one sow & a childs or one seventh part of the residue of my property with the limitations mentioned in the 2nd clause of this will. My desire is that my Son Joseph shall remain with my wife and his Negroes also until he arrives at age but that the money which may be allotted to him from that part of my estate out of which he is to have a childs part shall be paid out at intervals until he comes of mans(?) estate, but if he does not choose to reside with my wife then his Guardian whoever he may be shall take charge of his property and receive for his use twenty five dollars a year of my estate for his part of the land. 7nthly I give and bequeath to my son William one fourth part of the land I live on after the death of my wife three Negroes, to wit Mary, Lily and George a childs or one seventh part of the residue of my property with the limitations mentioned in the second clause of this will. My desire is tht my son William and his property of land & Negroes shall remain in the use of my wife for his benefit so long as she lives until it shall appear that the use had (?) by and then my will is that it shall be placed in the hands of thrusees to be appointed by the court of the county where he may choose to reside page 441 I also give him one bed bedstand and furniture and one cow which are also proportioned as before mentioned but the money part I desire may be paid out to interest by my executors here after named until he shall come to mans (or main) estate. 8thly I give and bequeath to my Executors Negro Daniel and all my property & debts not specially willed , the Negro to be hired and the other property to be sold and a credit after eleven months and all of the money arising from such sales to heirs aforsaid to be laid by to meet a debt which may probably come against me on account of the purchase of a Negro of Robert Dunbar and the residue to be divided into seven parts with the limitations mentioned in second clause of this will, and one given to each of my children and on to my wife. And if the said suit goes in my favor then the debt shall be forced to be divided as mentioned on the last section. I mean this to be given as directed in the second clause of this will. 9thly I constitute (?) Daniel Cole and Daniel Threlhold executors to this my last will and testament. In Testamony whereof I have hereunto set my hand this 25th day of August 1823. Thomas Kelly Teste ?? Frand Clue or Clun Stanton Slaughter At a court held for Culpeper county the 18th day of June 1827 This last Will and Testament of Thomas Kelly dec'd was exhibited to the court and proved by the oaths Frederick Clun and Stanton Slaughter two of the witnesses thereto and ordered to be recorded and on the motion of Daniel Cole one of the Executors therein named certified is granted herein for obtaining a partial thereof in due form, he having made oath therein and given hand and security according to law, and Daniel Threlhold the other executor therein moved refused in open court to take upon himself the burden of the executor thereof. Teste Thom Lightfoot cc File at: http://files.usgwarchives.net/va/culpeper/wills/kelly376gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 6.3 Kb