Will of George W. KELLEY, Sr., 1878, Floyd County, Virginia: [The actual spelling and punctuation has been preserved in this transcription. The surname KELLY, also spelled KELLEY, is found with both spellings in many records for this family. Many descendants currently use the KELLEY spelling, but there are probably some branches of the family, unknown to me at this time, who use the KELLY spelling. Paula Kelley Ward, 2 August 1998.] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "I, George W. Kelly, Sr., Of the County of Floyd and State of Virginia - Do Make and ordain this to be my last Will and Testament: Artickual 1st - I will and desire that all my just debts shall be paid. Artickual 2nd - I further will that my wife, Nancy, Shall have her thirds of my Real Estate laid off in such a way as to imbrace my Dweling house, also that she shall have one horse beast, two milch cows, two beads, and nessary beding for the same, also my best Cubbord, and one half of the furnature in the same, one folding table, one dressing table, one trunk which she may like best, Six chairs and half of my Kitchen furnature, also fully one third part of all the sheep and hogs that I may have on hand at my death, and that she shall have Meat and grain Sufficient for her support for twelve months after my death. To have and to hold during her Natural life. All of which property or so much as she may have at her death Shall return to my heirs as hereinafter provided. Artickual 3rd - I will to my Son, James L. Kelly, nothing. for the reason that he has already gotten as much or more than any of my children can get. Artickual 4th - I further will that my son, Moses G. Kelly, Shall pay after My death fifty dollars to My Estate, it being in consideration of a balance for land deeded to him by my self. Artickual 4th - The remaining Portion of My Estate both Real and personal I wish sold, my personal property to be sold on a credit of Twelve Months. My Real Estate on such time as Executors may think most conducive to the interests of my legatees, and after all nessary expences shall have been paid. My Will and desire is that the proceeds shall be Eaqually divided between My children herein after named, to wit. Elizabeth Conner, Ann Gray, Benjamin F. Kelly, George W. Kelly, Jr., William D. Kelly, and Moses G. Kelly, and the heirs of Joseph P. Kelly, Dec'd - Shall have only one share. I further will that My son, James L. Kelly, Shall not have any Interest in My wife's Dowery. I apoint My son, Moses G. Kelly, and my son-in-law, Nathan Conner, My Executors of this My last Will and Testament - Given under My hand and seal this fifth day of June One thousand Eight Hundred and Seventy four - (signed) George W. Kelly Signed in presents of us: S. M. Helm, R. W. Knopff, Wm. M. Aldridge" [George W. Kelley died 17 November 1878, Floyd County, VA. The will was proved in Floyd County Court on 10 December 1878.] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The following is from Deed Book P, Page 298, Floyd County Court: On 10 December 1879, the Court appointed William M. Aldridge, Mark H. Custer, and Benjamin L. Bell to assign the Dower to Nancy Kelly, Widow of George W. Kelly, "having reference to quantity, quality and improvements thereon and value, and report to the Court." On 23 May 1879, the three appointees presented to the Court the following statement: "...We went on the lands of the aforenamed G. W. Kelly and found by a survey made by A. Hogan that the said G. W. Kelly owned at his death 407 acres of land at his residence & 135 acres in the County of Franklin on Snow Creek. Making 542 acres total No. of acres. After examining the land and taking into Consideration the quantity, quality and value of above named lands. "We assigned to the aforesaid Nancy Kelly Ninety fore & One half [94-1/2] acres, including the dwelling house & other improvements about the residence of the aforesaid Geo. W. Kelly as one third in value of the whole estate as we could best determine." They included with their report the Survey & plat of the assigned dowery: "A Survey of the Dowery of Nancy Kelly, Widow of G. W. Kelly, Containing 94-1/2 Acres lying on the Waters of Little River, Floyd County, Va., & bounded as follows. (Viz) Beginning at a chestnut near the County line corner to Lot No. 2, N. 28-1/2 W. 56-1/2 poles to locust by a spring. N. 34 W. 34 poles to a shake [?] in a road, thence road N. 21-1/2 W. 41 poles crossing a branch to a white oak, corner to Wm. Aldridge, thence with his lines N. 31-1/2 W. 32-1/2 poles to a small red oak by a road. S. 59-1/2 W. 56 poles to a white oak. S. 72-1/2 W. 20 poles to pointers - thence leaving said lines. With James Kelly's lines S. 32 E. 46 poles to a hickory. S. 50 W. 37 poles to white oak by road - S. 19. E. 58 poles to a white oak stump (of Conner) [Corner?]. Thence to a new line. S 69-1/2 E. 43-1/2 poles to a spanish oak N. 75 E. 97. poles passing Corner of Lots 2 & 3, at 44-1/2 poles to the beginning. May 1879. [signed] A. Hogan. Respectfully submitted this the 23rd day of May 1879. Appraisers: Mark H. Custer, Benjamin L. Bell, Wm. M. Aldridge." ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Transcribed and submitted by Paula Kelley Ward, 3rd-great granddaughter of George W. Kelley. pward@express-news.net **************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. Files may be printed or copied for personal use only. ****************************************************************