Contributed and transcribed by Judy Merrell Brickhouse
Tag: Kelly
JOHN KELLY (1822 Will)
THE LAST WILL AND TESTAMENT
OF
October 1, 1822
In the name of God Amen! I JOHN KELLY of Camden County and State of North Carolina, being of sound mind & memory & knowing that I have to die, think proper to make this my Last Will & Testament—commencing with resigning my soul to God that gave it with a full hope in my redeemer and as to my worlaly(sic) goods, I give and bequeath as follows.
Item. I give and bequeath unto my loveing Wife NANCY, the use of one half of the plantation, whereon I now live, beginning at the south end at the Swamp, and running northerly the width of the plantation, say all to the eastward of the Mill, until it comes half way or includes one half the said lands, with the use of rail timber and firewood off of any of my land to support the same, likewise I give her the use of one half of my mills, until January, Eighteen Hundred & Thirty two, should she live so long, and after that period one third part of the mills during her natural life which is understood to be the case with the plantation. Likewise I give her the choice of two beds & furniture, one green chest, one trunk her choice of two tables, six chaires all the crockery & glass ware, and all the kitchen furniture, one loom, one spinning wheel, one bay mare, two cows & calves her choice, one doz. Steer, four sheep, seven dry (?) hogs her choice two breeding sows, eight shoats her choice, all the poultry, all the crop of flax & two hundred weight rough cotton, one half the present crop of corn & peas, one plough her choice, with harness, two hoes, one ox, one meat stand, & two barrels in the smoke house.
Item. I give and bequeath to my Son JAMES the half of the plantation I live on at the north end to be divided by a direct line between him and his Mother, and twenty five acres of Juniper Swamp, one sorrel horse, to him & his heirs forever—-Likewise one half of the mills and my Lake land to him & his heirs forever.
Item. I give to my Son EDMEN BAXTER, the half of my plantation, given to his Mother, that is after her death, and likewise the half of the mills after January, eighteen hundred & thirty two, he allowing his Mother, the one half of his half during her life—likewise twenty five acres of juniper swamp, & one half of my Lake land to him & his heirs forever—–and should either of my Sons die without heir legally begotten, the survivor to take the property devised to them both.
Item. I give to my Daughters BETSY, PEGGY, BELINDA, & NANCY all the remainder of my property real & personal to be equally divided among them with the exception of one dollar to be paid by my executor out of my property to my Daughter SALLY EARLE, with this reserve, should either of the four first mentioned Daughters die without lawful issue, that share of the property to be equally divided among the other three, and so on in rotation with the girls.
It is to be understood that if my property to be collected by my Executors falls short of paying my just debts that the residue shall be paid out of the part devised to my four first mentioned Daughters.
And lastly I leave my trusty friend, GEORGE FEREBEE Esqr. my sole executor to this my Last Will and Testament revoking all other wills, heretofore made. In testimony whereof I set my hand & seal this 1 Oct. 1822
JOHN KELLY seal
Signed & sealed in
Presence of
CHARLES GRICE
MILLER SAWYER
Camden County Court
November Term 1822
The foregoing was exhibited in open Court & proved as the Last Will & Testament of JOHN KELLY dec’d. by the oath of CHARLES GRICE a subscribing witness thereto and at same time GEORGE FEREBEE an Executor therein named appeared & qualified as Executor thereto. Ordered that testamentary letters issue and that the same be recorded.
Test.
M.S. LEWIS CLK
Will Book C
Pages 13, 14
Contributed and transcribed by Judy Merrell Brickhouse