KELLY, JAMES (submitted by Pam in the past)

from FHL film #0466666 Clark County, Ohio Probate Court wills 1819-1855

James Kelley's Will

I  James Kelley Sen. of the County of Clark in the state of Ohio being in good health and having my ordinary strength of body and mind considering the great uncertainty of life with a person of my advanced age do make ordain and publish the following as my last will and testament that is to say- Item- It is my will and I hereby direct that all my just debts and my funeral expenses be paid by my executors out of my personal estate if the ---- be sufficient and if not sufficient then out of the rents and profits of my real estate.

-Item- It is my will and I do hereby give and bequeath and devise unto my beloved wife Catharine should she survive me the possession and use of all my real estate being the farm on which I now live and the like possession and use of all the personal property I may own at my death over and above what may be necessary for the payment of my debts and funeral expenses to use and enjoy the said real and personal estate for her support and maintainance during the term of her natural life and the provision hereby made is to be in lieu of dower and of all and every other claim on my estate.

-Item- Having made provision for some of my children namely Rachel Driscoll, May Milholland, John Kelley, Thomas Kelley, Joseph Kelley, Nathan Kelley, and Steward Kelly at the setting out in life for themselves and since means and oppurtunity served, which provision in actution to each and all of them I consider fully equal to their share of my estate and more than I am now able to do for my other children. It is therefore my will that I direct that the above named children and their representatives shall none of them take any part of such estate as I may have at my death whether such estate be real or personal or of any other description.

-Item- I give, devise and bequeath unto my daughter Catharine the sum of one hundred and fifty dollars to be paid to her by her brothers as herein after directed and also one bed and bedding, one bureau and one cow- the three last named articles to be deliverd to her upon the death of my wife or upon her marriage which ever event shall first happen.

-Item- I do hereby give, bequeath and devise unto my son Samuel forty acres of land being part of the north west quarter of section number thirty of township number five of range number eight between the Miami rivers being the same quarter section of land on which I now live the said forty acres of land to be taken off of the north side of the said quarter section by a line to run east and west parallell with the north line of the said quarter section the said forty acres of land to be owned by and held by the said Samuel Kelley and his heirs and assigns forever after the payment by the said Samuel of the sum of thirty dollars-that is to say fifteen dollars to my daughter Catharine and fifteen dollars to my daughter Leah and if the said Samuel should fail to pay the above mentioned sum of money on either of them then and in such case it is my will that the said forty acres of land shall go to and out in the said Catharine and Leah or whichsoever of the two shall remain unpaid and their heirs and assigns forever.

-Item-I do hereby give bequeath and devise unto my son Francis Kelley fifty acres of land being part of the same north West quarter of section number thirty of township number five of range number eight between the Miami Rivers-the said fifty acres of land to be taken off of the south side of said quarter section by a line to be run East and West parallel with the south line of the said quarter section and be owned and held by the said Francis Kelley his heirs and assigns in fee simple upon the payment by the said Francis of the sum of one hundred and thirty five dollars within six months after the death of myself and my wife or the surviving of us in manner following that is to say unto my daughter Catharine the sum of sixty seven dollars and fifty cents and unto my daughter Leah the sum of sixty seven dollars and fifty cents and if the said Francis shall fail to make the said payment on either of them the amount thus unpaid shall operate as a charge and lien upon the said fifty acres of land.

-Item-I do hereby give bequeath and devise unto my son James Kelley jun. all the rest and residue of said north west quarter of section number thirty of township number five of range eight between the Miami Rivers not herein and hereby devised to Samuel and Francis to be owned and held by the said James Kelly jun. and his heirs and assigns in fee simple upon the payment by the said James of the sum of one hundred and thirty five dollars within six months after the death of myself and my wife or the survivor of us in manner following-that is to say unto my daughter Catharine the sum of sixty seven dollars and fifty cents and unto my daughter Leah the sum of sixty seven dollars and fifty cents and if the said James shall fail to make said payments on either of them the amount then unpaid shall operate as a charge and lein upon the said fifty acres of land.

-Item-I give bequeath and devise unto my said son James Kelley Jun. one bed and bedding, one clock, one cupboard, the waggon, the ploughs, and all the other farming tools and utensils that I own at my death.

-Item- It is my will and I hereby give, devise and bequeath and direct that all the rest and residue of all my personal property not herein specifically disposed of be sold and the proceeds thereof be equally divided between my four children Francis Kelley, James Kelley Jun., Catharine Kelley and Leah Kelley share and share alike.

-Item- It is my will and I do hereby direct that in the event of the death of any one or more of my children Samuel, Francis, James, Catharine and Leah without issue of their bodies that the gift legacy or devise in this will contained in favor of the child or children so dying without issue shall go to and rest in the survivor or survivors of the said Samuel, Francis, James, Catharine and Leah and I do hereby bequeath and devise such portion as is given in this will to any who shall die without issue as aforesaid to the survivors or survivor of the said Samuel, Francis, James, Catharine and Leah to be equally divided between the survivors share and share alike to them and their heirs and assigns forever.

And lastly I do hereby ordain constitute and appoint my sons James Kelley Jun. and Francis Kelley the executors of this my last will and testament. Dated 29 March 1852

Signed, sealed and acknowleged by the testator as his last will and testament and at his request we have signed as witness:

C. Anthony

Jacob M. Kizer

James Kelley X his mark