1856 - James to all slaves - Lancaster Co, VA
Manumission Item Data Item Type Metadata
Date
02/18/1856
Manumitter
Manumitted
Number of Persons
unknown
Text of Freedom Document
I James Kelley of the County of Lancaster and State of Virginia being in good health and sound mind and disposing memory do hereby make, ordain, publish and declare this writing to be my last will and testament.
In conformity with my dec’d brother William Kelley’s will, I do hereby emancipate all my slaves and give and bequeath to them the sum of thirteen thousand five hundred dollars for their own use and benefit. In addition to the sum of one thousand five hundred dollars given and bequeathed by my dec’d brother William Kelley in his will to his emancipated slaves, making the sum total give and bequeathed to them in both of our wills fifteen thousand dollars. And it is my wish and desire that each and all of our emancipated slaves shall move of together in company unless it should be considered that my servants Mary and Suckey should be thought to be too old to travel, and they should wish to remain on my farm. They can do so and be owned and supported by my nephew James W. Kelley as I wish particular care taken of them, and further it is my wish and desire that my Executors hereafter named shall purchase a plantation in some state in the United States that admits liberated slaves to move to and reside in peace and harmony. But if otherwise upon deliberate consideration of my Executors it should prove best most and proper in their estimation that these emancipated slaves should be moved to Liberia in Africa, it is my wish and desire that my Executors hereafter named shall send them to the American Colonies in Africa (being authorized by my dec’d brother William Kelley in his will to do as I may direct in my will) and further I wish my Executors to furnish them with agricultural implements to till the land when they arrive to their distant homes or any other article they may want if necessary to promote their comfort and pay for them out of the money given & bequeathed to them, and the residue to be paid to them at the time of their embarkation. I hope ad trust that my Executors will attend and see these free people of color justice done by and carried on board some vessel bound to that distant part as it is my wish and desire that every effort should be made to promote their comfort and happiness in this world.
Secondly I give and bequeath to Rit. Rev. William Meade, the Rit. Rev. John Johns, the Rit. Rev. Edward C. McGuire, William Pollock Esq near Fredericksburg VA, Richard Cunningham of Culpepper County VA, Cassius F. Lee of Alexandria VA the sum of two thousand dollars towards the advancement of the Theological Seminary and High School near Alexandria Virginia.
Thirdly I give and bequeath to the foreign and home mission society the sum of five hundred dollars to be equally divided between the two institutions and to be paid over to the proper agents authorized to receive the same.
Fourthly I give to my relation Jane P. Alford the sum of one hundred dollars in bonds.
Fifthly I give to my relation Emily McCunnell the sum of one hundred dollars in bonds.
Sixthly I give to Mrs. Anna Edmonds the whole of her debts due me at the time of my death if any such as rents &c.
Seventhly I give and bequeath to my old friend William Doggett the sum of one hundred dollars in bonds as a token of my respect for his friendly kindness in my past sickness.
Eighthly I give to my old friend Robert Edmonds his bond and all other claims I have vs. him as a token of my respect for him.
Ninthly I lend to Mrs. Mary F. Crittendon the lot and houses whereon she at presence occupies for and during her natural life or widowhood and at her death or marriage I give & bequeath the same to m niece Judith A. Towles youngest male heir name not known to me.
Tenthly I give and bequeath all the lots and houses at (Kilmamocke) belonging to me or that I am seized and possessed of (with the exception of the one heretofore loaned to Mrs. Mary F. Crittendon) to the children of my niece Judith A. Towles to be equally divided among them either by sale or otherwise, as their guardians may deem best and most profitable to them: also I give to each of her children the further sum of five hundred dollars in bonds.
Eleventhly I lend to my nephew James W. Kelley the remainder of my whole estate heretofore not devised both real and perishable for and during his natural life and at his death I give and bequeath that part of my landed estate known and called Lymums and Rich Land, lying and being in the County of Northumberland and State of Virginia: to his oldest son named and called James the Fourth Kelley, but in the event of the death of James the Fourth Kelley before arriving to the age of twenty one years, I wish the same to be equally divided among his surviving brothers & sisters.
Twelfthly I give and bequeath that part of my landed estate lying and being in the County of Northumberland and State of Virginia known by the name of Middle Quarter Lee’s and Jones’s to John W. Kelley 2nd surviving son of my nephew James W. Kelley containing by a late survey four hundred and forty odd acres; and in the event of the death of John W. Kelley before arriving to the age of twenty one years I wish that portion of my landed estate devised to him to be equally divided among his surviving brothers & sisters.
Thirteenthly Nevertheless in case any of my legal heirs or any person or persons whatsoever for them should take any exceptions or make any effort in any way whatever to upset or invalidate this my last will and testament or that of my dec’d brother William Kelley’s will in any way (to upset or invalidate his will in any way) whatsoever. In that event I give and bequeath all my landed estate to my friend Dr. William H. Kirk’s two oldest sons names not recollected to have and to hold the same forever, the said lands as a token of my respect for the many friendly and kind favors done and manifested by his father Maj. William Kirk Sen. towards myself and my dec’d friends and relations.
Fourteenthly I hereby nominate and appoint my friend Col. Addison Hall and Thomas W. Meredith as my Executors to this my last will and testament revoking all others and for and in consideration of the time and faithful performance of their duties, as Executors in settling my estate, I give each of them the sum of one thousand dollars. And neither of them is to charge any commission.
In testimony whereof I have hereunto set my hand and seal this fourth day of November eighteen hundred and fifty four.
It isn’t necessary to have a witness as my handwriting can be proven by dozens of persons.
James Kelley (seal)
Lancaster County Court February 18th 1856
A paper purporting to be the last will and testament of James Kelley dec’d contained in three several papers all bearing date on the 4th day of November 1854 was presented in court by Addison Hall & Thomas W. Meredith the exors therein named, and there being no subscribing witness thereto, William T. Jesse and James F. Ball were sworn and severally deposed that they are well acquainted with the Testator’s handwriting and verily believe the said writing as contained in the said three papers and the name thereto subscribed at the part of each page except one page to which there is no name subscribed to be wholly written by the testators own hands. Whereupon the said writing as contained in the said three papers is ordered to be recorded as the true last will and testament of James Kelley dec’d. And on motion of Addison Hall and Thomas M. Meredith the Exors named therein and together with Rawleigh Dunaway, Thomas S. Dunaway, James F. Bale, Henry S. Hathaway, and William Hedrick their securities entered into and acknowledged their bond in the penalty of one hundred thousand dollars conditioned as the law directs, certificate is granted them for obtaining a probate of the said will in due form & it is ordered that William Henderson, James Hurst, James Anderson and Thomas [illegible] any three of whom being first sworn before a Justice of the Peace are appointed to appraise the said estate and report to this court.
Teste,
Cyrus Doggett CC
In conformity with my dec’d brother William Kelley’s will, I do hereby emancipate all my slaves and give and bequeath to them the sum of thirteen thousand five hundred dollars for their own use and benefit. In addition to the sum of one thousand five hundred dollars given and bequeathed by my dec’d brother William Kelley in his will to his emancipated slaves, making the sum total give and bequeathed to them in both of our wills fifteen thousand dollars. And it is my wish and desire that each and all of our emancipated slaves shall move of together in company unless it should be considered that my servants Mary and Suckey should be thought to be too old to travel, and they should wish to remain on my farm. They can do so and be owned and supported by my nephew James W. Kelley as I wish particular care taken of them, and further it is my wish and desire that my Executors hereafter named shall purchase a plantation in some state in the United States that admits liberated slaves to move to and reside in peace and harmony. But if otherwise upon deliberate consideration of my Executors it should prove best most and proper in their estimation that these emancipated slaves should be moved to Liberia in Africa, it is my wish and desire that my Executors hereafter named shall send them to the American Colonies in Africa (being authorized by my dec’d brother William Kelley in his will to do as I may direct in my will) and further I wish my Executors to furnish them with agricultural implements to till the land when they arrive to their distant homes or any other article they may want if necessary to promote their comfort and pay for them out of the money given & bequeathed to them, and the residue to be paid to them at the time of their embarkation. I hope ad trust that my Executors will attend and see these free people of color justice done by and carried on board some vessel bound to that distant part as it is my wish and desire that every effort should be made to promote their comfort and happiness in this world.
Secondly I give and bequeath to Rit. Rev. William Meade, the Rit. Rev. John Johns, the Rit. Rev. Edward C. McGuire, William Pollock Esq near Fredericksburg VA, Richard Cunningham of Culpepper County VA, Cassius F. Lee of Alexandria VA the sum of two thousand dollars towards the advancement of the Theological Seminary and High School near Alexandria Virginia.
Thirdly I give and bequeath to the foreign and home mission society the sum of five hundred dollars to be equally divided between the two institutions and to be paid over to the proper agents authorized to receive the same.
Fourthly I give to my relation Jane P. Alford the sum of one hundred dollars in bonds.
Fifthly I give to my relation Emily McCunnell the sum of one hundred dollars in bonds.
Sixthly I give to Mrs. Anna Edmonds the whole of her debts due me at the time of my death if any such as rents &c.
Seventhly I give and bequeath to my old friend William Doggett the sum of one hundred dollars in bonds as a token of my respect for his friendly kindness in my past sickness.
Eighthly I give to my old friend Robert Edmonds his bond and all other claims I have vs. him as a token of my respect for him.
Ninthly I lend to Mrs. Mary F. Crittendon the lot and houses whereon she at presence occupies for and during her natural life or widowhood and at her death or marriage I give & bequeath the same to m niece Judith A. Towles youngest male heir name not known to me.
Tenthly I give and bequeath all the lots and houses at (Kilmamocke) belonging to me or that I am seized and possessed of (with the exception of the one heretofore loaned to Mrs. Mary F. Crittendon) to the children of my niece Judith A. Towles to be equally divided among them either by sale or otherwise, as their guardians may deem best and most profitable to them: also I give to each of her children the further sum of five hundred dollars in bonds.
Eleventhly I lend to my nephew James W. Kelley the remainder of my whole estate heretofore not devised both real and perishable for and during his natural life and at his death I give and bequeath that part of my landed estate known and called Lymums and Rich Land, lying and being in the County of Northumberland and State of Virginia: to his oldest son named and called James the Fourth Kelley, but in the event of the death of James the Fourth Kelley before arriving to the age of twenty one years, I wish the same to be equally divided among his surviving brothers & sisters.
Twelfthly I give and bequeath that part of my landed estate lying and being in the County of Northumberland and State of Virginia known by the name of Middle Quarter Lee’s and Jones’s to John W. Kelley 2nd surviving son of my nephew James W. Kelley containing by a late survey four hundred and forty odd acres; and in the event of the death of John W. Kelley before arriving to the age of twenty one years I wish that portion of my landed estate devised to him to be equally divided among his surviving brothers & sisters.
Thirteenthly Nevertheless in case any of my legal heirs or any person or persons whatsoever for them should take any exceptions or make any effort in any way whatever to upset or invalidate this my last will and testament or that of my dec’d brother William Kelley’s will in any way (to upset or invalidate his will in any way) whatsoever. In that event I give and bequeath all my landed estate to my friend Dr. William H. Kirk’s two oldest sons names not recollected to have and to hold the same forever, the said lands as a token of my respect for the many friendly and kind favors done and manifested by his father Maj. William Kirk Sen. towards myself and my dec’d friends and relations.
Fourteenthly I hereby nominate and appoint my friend Col. Addison Hall and Thomas W. Meredith as my Executors to this my last will and testament revoking all others and for and in consideration of the time and faithful performance of their duties, as Executors in settling my estate, I give each of them the sum of one thousand dollars. And neither of them is to charge any commission.
In testimony whereof I have hereunto set my hand and seal this fourth day of November eighteen hundred and fifty four.
It isn’t necessary to have a witness as my handwriting can be proven by dozens of persons.
James Kelley (seal)
Lancaster County Court February 18th 1856
A paper purporting to be the last will and testament of James Kelley dec’d contained in three several papers all bearing date on the 4th day of November 1854 was presented in court by Addison Hall & Thomas W. Meredith the exors therein named, and there being no subscribing witness thereto, William T. Jesse and James F. Ball were sworn and severally deposed that they are well acquainted with the Testator’s handwriting and verily believe the said writing as contained in the said three papers and the name thereto subscribed at the part of each page except one page to which there is no name subscribed to be wholly written by the testators own hands. Whereupon the said writing as contained in the said three papers is ordered to be recorded as the true last will and testament of James Kelley dec’d. And on motion of Addison Hall and Thomas M. Meredith the Exors named therein and together with Rawleigh Dunaway, Thomas S. Dunaway, James F. Bale, Henry S. Hathaway, and William Hedrick their securities entered into and acknowledged their bond in the penalty of one hundred thousand dollars conditioned as the law directs, certificate is granted them for obtaining a probate of the said will in due form & it is ordered that William Henderson, James Hurst, James Anderson and Thomas [illegible] any three of whom being first sworn before a Justice of the Peace are appointed to appraise the said estate and report to this court.
Teste,
Cyrus Doggett CC
Record Location
WB 29:155
Document Type
Last Will & Testament
Notes
money designated from estate to be paid to freed individuals to relocate to a free state or Liberia.
Files
Collection
Citation
“1856 - James to all slaves - Lancaster Co, VA,” Manumission Project, accessed July 11, 2025, https://manumissionproject.omeka.net/items/show/2604.