NC, Lenoir,WILL OF WALTER KENNEDY 1876 ================================================================= USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed by Francis R. Hodges August 2000. ================================================================= WILL OF WALTER KENNEDY (1876) State of North Carolina Lenoir County In the name of God, Amen, I, Walter Kennedy of the County and State aforesaid. Being of sound mind and memory, but considering the uncertainty of my worldly existence do make and ordain this my last will and testament, in manner and form following, that is to say: First That my Executor, hereinafter named, shall provide for my body a decent burial suitable with the wishes of my relatives and friends, and pay all funeral expenses together with my just debts however and to whomsoever owing out of the moneys that may first come into his hands as a part and parcel of my estate. Item 1st I give and devise to my son Jesse H. Kennedy's three children, being my grandchildren to wit: John Thomas Kennedy, Heber H. Kennedy and Hettie Eliza Kennedy 275 acres of land described as follows, to wit: one piece or parcel of land commencing at Reedy Branch where the new road crosses, and runs West with the new road to a stake in the public road leading to wheat swamp church, thence from said stake and said public road to Cabin Branch, then with Cabin Branch up the run to a point on the same, and from thence a Southerly direction on to the beginning so as to make the No. of 275 acres of land, and I wish it understood that I hereby give said land to my said grandchildren upon the express condition that they shall not set up any claim to any monies or part of moneys that was paid over to me by Thomas J. Kennedy, Executor of Jesse Kennedy, which was coming to my children by my wife, Eliza, daughter of the said Jesse Kennedy, Sr., dec'd, by virtue of the 8th Item and residuary clause of the said Jesse Kennedy's will and testament, now of record in Lenoir County. Item 2 I give and devise to my son James E. Kennedy 275 acres of land, bounded as follows, viz: beginning at Reedy Branch where the new road crosses, and runs thence with James M. Parrott's line East, to a short strawed pine in the pocosin said Parrott's corner, thence a North east direction to run far enough to make 275 acres, and from thence to Reedy Branch and from thence to the beginning, being the land upon which the said James E. Kennedy now lives, and I wish it distinctly understood by this my will that I give and devise the said 275 acres in this the 2nd Item of my will and testament to James E. Kennedy upon the express understanding and condition that he will set up no claims against my executor or estate for any monies or part of monies that was left in the 8th Item of Jesse Kennedy's will as referred to in the second Item of this my last will and testament which was paid over to me the undersigned testator by Thomas J. Kennedy, Executor of the said Jesse Kennedy, Sr., and if he the said James E. Kennedy claims said money or any part thereof out of my estate then the devise of said land is to be void. Item 3 I give and devise all the residue and balance of my real estate to my children by my present wife, viz: Eliza A. Daly, Harriet C. Daly, Alonzo W. Kennedy and Melissy E. Kennedy to them and their heirs equally to be divided subject to my wife's dower Item 4th. I give and bequeath to my beloved wife Elizabeth H. Kennedy all my household and kitchen furniture, except one bed, stead and furniture, one horse called Tom, one mule called Febe, one Buggy, one Rockaway and harness, one note on my son, Alonzo W. Kennedy, for the sum of $376, also I leave her one hundred dollars in cash, all the corn and fodder and provision of every kind on hand at my death, also two sows and calves her choice. Item 5: All the residue of my estate not before given away I leave to be divided between my wife Elizabeth H. Kennedy and my four children mentioned in the 3rd Item of this my last will and testament. Lastly, I do hereby nominate, constitute and appoint my son Alonzo W. Kennedy sole executor of this my last will and testament hereby revoking and making void all and every other will and testament heretofore by me made, and do declare this to be my last will and testament In witness whereof, I, the said Walter A. Kennedy have hereunto set my hand and seal this 23rd day of March, 1876. Walter Kennedy (Seal) Signed, declared, and published by the above named Walter Kennedy as and for his last will and testament in the presence of who at his request and in his presence have subscribed our names as witnesses thereto. J. R. Hodges John A. Pollock ********************** State of North Carolina Lenoir County In the probate Court, Before Wm. W. N. Hunter, Judge of Probate In the matter of the will of Walter Kennedy Alonzo W. Kennedy, being sworn, doth say: That Walter Kennedy, late of said County, is dead, having first made and published his last will and testament, and that Alonzo W. Kennedy is the executor named therein. Further, that the property of said Walter Kennedy, consisting of about 1350 acre of land, about 9 head of cattle, 20 head of hogs, 1 horse, 2 mules, household and kitchen furniture, corn and fodder, farming implements, one buggy and rockaway and harness, are worth about $5000.00 as far as can be ascertained at the date of this application, and that Jesse E. Kennedy's children (John Thomas Kennedy, Heber H. Kennedy, and Hettie Eliza Kennedy), James E. Kennedy, Eliza A. Daly, Harriet C. Daly, Alonzo W. Kennedy, Melissa E. Kennedy, and E.lizabeth H. Kennedy are the parties entitled under said will to the said property. Alonzo W. Kennedy Sworn and subscribed before me this 7th day of July, 1876. Wm. W. N. Hunter, Probate Judge