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WILLS/PROBATE/ESTATE
Clardy's & Kilpatricks

Session of Benjamin S. Clardy, 1841 Will of Joshua W. Kilpatrick
B.S.Clardy Inventory Will of Andrew Kilpatrick
B.S. Clardy Probate Sale Will of Elizabeth McCorkle Barr Kilpatrick
Will of Elizabeth Clardy, 1811 Will of Alexander Mc. Kilpatrick
Will of James Clardy, 1793 Will of John Kilpatrick
Will & Inventory of John H. Clardy 1855 Will of Dr. T. F. Clardy, 1884
Will of Benjamine Clardy, 1843 Will of John Collins Clardy, 1853
Estate division of Benj. Clardy, 1854 Will of William Duncan Clardy 1867
Will of Rachel Bryan, 1833 Will of John Daniel Clardy 1906

Succession of Benjamin S. Clardy

To the Hon. L. Saunders Parish Judge in and for the parish of East Feliciana and State of Louisiana and is official judge of the Court of probate in and for the same.

The petition of Nancy J. Clardy residing in the parish of East Feliciana respectfully represents that she is the surviving wife of Benjamin S. Clardy late of the parish aforesaid decd. That he died having some estate in said parish and two children of the marriage with petitions to wit: Jane and Richard both minors and that petitioner is the natural Tutrix Represents that no inventory has been made of said estate neither has there been an under Tutor appointed___
Wherefore petitioners prays that an inventory be made and that she be confirmed with the tutorship of said children and an under Tutor be appointed and that some other person be appointed to take charge of said estate and administer upon the same and that all such other proceedings be had as the law requires, and is duty bound your petitioner shall ever pray.

James Shaw Saunders
Atty for Petitioner

*************

State of Louisiana Probate Court
Parish of East Feliciana  

In the case of Nancy J. Clardy in matter of the succession of B.S. Clardy-It is ordered that she be confirmed in the tutorship of his minor children to wit: Jane and Richard of the marriage with B.S. Clardy, and that William Sevier be appointed under Tutor, and that John C. White be appointed to master an inventory of the succession.
Ordered that an inventory be made as havin prayed for by John C. White Esq.

Notary Public L Saunders
April 8th 1841 Parish Judge

NO 788 (574 Probate Court Petition of Mrs. N Clardy in
The matter of thee Succession of B. S. Clardy decd.

For inventory & appt of Tutor, Filed April 8th 1841
L Saunders Parish Judge

Source: E. Feliciana Parish, Court Clerk

**Benjamin S. Clardy Inventory-This estate inventory is full of surnames, roughly 130, from 1837-1841 in Louisiana- check it out!

B.S. Clardy, Probate Sale

State of Louisiana
Parish of East Feliciana
The following is a process verbal of a Probate Sale of the inventories herein mentioned belonging to the Estate of Benjamin S. Clardy deceased made in office of the Parish Judge in Clinton this 8th day of March 1842 by L. Saunders Parish Judge of said Parish after observing the delays and making the following required by law - that is to say by posting at the door of the Court House and by publication in the Feliciana Whig a newspaper printed in Clinton thirty days to the day of sale - Terms of Sale - Cash-------- Lot numbers seven in square number Eight in the town of Clinton with the improvements therein being repeativly cries was ad- judged to Joseph S. R Guay for the sum of two hundred & eighty five dollars he being the cash and highest bidder and consenting to the terms signs this act

 
$285.00
J. S. R. Guay
 

Witnesses L. Saunders    
S. Yarborough Parish Judge    
Hy Hawford*      
One Ox Waggon to D Pixes $50.12
50.12
 
Total $335.12

There being no other property this sale amounting to the sum of $335.12/100
Is closed this 8th March 1842
L. Saunders Parish Judge
Recorded 30th March 1842

*(I believe this person is Henry Hawford)

Source: E. Feliciana Parish, District Court or LDS FHL # 355,882

 

Last Will & Testament
Of Joshua W. Kilpatrick

In the name of God Amen I Joshua W. Kilpatrick being of sound mind and memory thanks to almighty God for the same but knowing the uncertainty of this life do make ordain and publish this my last will and testament In the first place I desire all my just duty to be paid. 2nd, I give to Benjamin S. Clardy my son in law Two bonds which I hold on him for three hundred and fifty dollars each executed marriage since for money paid by me for heirs. 3rd, All the rest and residue of my estate of every description I give to my beloved wife Sally during her life and at her death to be equally divided among all my children except Nancy the wife of said Benjamin S. Clardy. But should the property thus awarded exceed in value the sum of fifteen hundred dollars to each child the wife of said Clardy except as above stated then the excess whatever it may be to be equally divided among all my children including the wife of said Benjamin S. Clardy I hereby appoint my wife Sally and friends George W. Hester and Robert A. Baker Executrix and Executors of my last will and testament this 9th day of Sept 1831

Signed and published Joshua W. Kilpatrick
In the presence of  
Robert Paine*  
H.D. Thompson  
Robert J. Mendern  

* Robert Paine was a Elder then a Bishop of the Methodist Church.

*******************

The State of Mississippi
Monroe County

I, D. G. Baggan clerk of the Probate Court & for the county do certify that the within named Will
of Joshua W. Kilpatrick was filed in my office for record on the 6th day of January 1840 and that the same was well and truly recorded by me within the records of my office on the 8th day of April 1840 in Will Book NO. 1 pages 148 & 9 Given unto my hand and seal of said court at office this
8th day of April A D 1840

D G Baggan Clerk

Source: Monroe Co., MS County Court
Extracted by Edd Clardy (Thanxs Edd)

Last Will & Testament of Andrew Kilpatrick

In the name of God Amen. I Andrew Kilpatrick of the County of Iredell in the state of North Carolina being in perfect mind & memory yet call to mind the mortality of my body, do make & ordain this my last will & testament. First & principally I recommend my soul to almighty God who gave it & my body to the earth to be buried in a decent Christian burial at the discretion of my Executor. And on touchng such worldy Estate as it hath pleased God to endow me with I give & bequeath in the following manner.
First after all my lawful debts are paid discharged I give & bequeath to my daughter Euphuemia Kilpatrick & Mary McClure to each a bible as a remembrance they having that part formerly. Also to my daughter Pamela Kilpatrick I give & bequeath a negro girl named Dorcas but if in case my negro girl Mime should die or become an invalid then & in that case she must tarry with my wife during her life or as long as my wife desire & then go into her possession also her bed & furniture as mutch [sic] dresser furniture as my other daughter got. Also, I give & bequeath to my son Joseph Kilpatrick the plantation which I bought Robert Long agreeable to it both & bound. Also to my son Joshua Kilpatrick I give & bequeath my negro boy named Milus. Also to my sons William & Jas. I give & bequeath the land ____(?) which I bought from Robert Jordan containing 1.7 acres allowing to Jas. two thirds of the whole & to William one third of the whole. I also give & bequeath to my son Andrew C. Kilpatrick one hundred & ten acres laid off by my executor so as not to injure either of the plantations. Also two acres of meadow grounds lying up the same branch on which I now live on my south line.
I also give & bequeath to my wife Elizabeth Kilpatrick during her widowhood the remainder of that tract of land on which I now live with all the improvements with my negros & stock of every kind farming utensils household furniture & every other appurtainance except the negros stock & furniture before mentioned. But incase my widow should marry again I then give & bequeath to my son Alexander M. Kilpatrick the plantation which is to her with its houses & buildings only she shall then have one negro girl named Mimi with her bed & furniture during life & then return to the estate. And whether at her death or her marriage the remaining part of the property as to be divided between my two sons Andw C & Alexander The negro Part of A & the remainder part of between the same two Andw & Alexander M & my daughter Pamela. Also it is my will that my wife Elizabeth shall have that portion that her father left her by his last will & testament. And lastly I do hereby constitute & appoint ordain my brother Jas. McCorkle & my son Joseph N. Kilpatrick to be the Executors of this my last will & testament & I do hereby whatsoever heretofore made or mentioned ratifying & confirming this & no other to be my last will & testament Witness my hand & seal this 16th day of June 1810

Signed sealed & published &  
pronounced in the presence of  
Andrw. C. Kilpatrick
Andrw. Kilpatrick
Alexander Kilpatrick  
William Chipley  

 


 

 

*William Chipley alias James Sharpe -see deed of Joseph N. Kilpatrick 1819, on Land/Property Page.

Source: Iredell Co., NC, Hall of Justice, Will Book 1 #208

 

Last Will & Testament of Elizabeth McCorkle Barr Kilpatrick

I Elizabeth Kilpatrick of Iredell County N. Carolina being of sound mind and memory but calling to attention my mortality do ordain this my last will and.
1st I leave my Soul to god through merits of the redeemer and my body to the dirt expecting to revive it again by his almight power. 2nd To my daughter I leave one suit of my clothes 3rd To my daughter Elizabeth one suite of clothes also and my saddle 4th To my son Alexander Barr I leave my set of Scotch family Bibles, and all my Tennessee land. 5th My bed and bedding with all my other furniture and clothing I leave at the disposal of my daughter Sophia 6th the second volume of my Evengelical Magasuir I leave to my son William oldest son 7th It is my will that the fifty dollar note which I have on my son Alexander Kilpatrick be equally divided between my daughter Sophia and her surviving daughter at my death 8th I appoint my sons Alexander Barr and Alexander Kilpatrick to execute this my last will in witness of which I have hereunto set my hand & affixed my seal the 14th of June 1827 in presence of

Re J Hall jurat
Elizabeth (her mark) Kilpatrick (seal)
Wm A. Barr
 

 



**Elizabeth is the 2nd wife of Andrew Kilpatrick

Source: Iredell Co., NC, Hall of Justice, Will Book 1 #393

Last Will & Testament of Alexander McCorkle Kilpatrick

State of North Carolina
Iredell County

In the name of God Amen:
I Alexander Kilpatrick of the County & state aforesaid being sound in mind & memory but weak in body and taking into consideration the uncertainty of life, do hereby make constitute & appoint this to be my last will and Testament as follows: that is 1st It is my will that all my property be kept together under the care & superintendence of my son Burgess & my son-in-law Cowan Chambers for the support of my wife Rebecca during her lifetime; and after the decease of my said wife, I will my negro woman, Myra to my daughter Mimy. I also will to my said daughter the 1st living child which my girl Eliza may have to be kept with its mother till 2 years old. I also will to my son Asa's youngest child one hundred dollars in money to be paid to her guardian at my wife's decease. I will to my grandson William, Asa's son eighty acres of land in the N. West corner of my tract on which I live to be laid off according to the lines run by Col. Campbell to include 14 acres which I live to go into his possession on the death of his mother. I also will to my son Burgess my Negro girl Eliza & my two Negro Boys John and James or Jim. I also will to my son Burgess all my stock of all kind; all my farming utensils together with all other personal property belonging to me; all to go into his possession on the death of his mother. In Witness whereof I have hereunto set my hand and seal this 1st day of November in the year of our Lord 1853. I appoint Cowan Chambers & my son Burgess my Executors. I will to my son-in-law Amos Johnson nothing & my son Burgess to pay all my debts.

Witness
Alexd. M. Kilpatrick
John Stikeleather Jurat  
John S. Hall Proved Nov Term 1853

 



*Alexander was the 11th (and last) child of Andrew Kilpatrick


Source: Iredell Co., NC, Hall of Justice

 

 

 

Last Will and Testament of John Kilpatrick, 1804 in Rowan Co, NC

In the name of God Amen! I John Kilpatrick of the County of Rowan & State of No. Carolina being of perfect mind & memory--do this 16th day of January AD 1804 make ordain & publish this my last will & test: in the following maner Viz
I give & bequeath unto my affectionate wife Elizabeth the whole of my real & personal estate exclusive of that part I shall hereafter mention to my children--her living on the place I now live on during life, & in case she should die untested, I give & bequeath her estate to be equally divided among my children.
I give to my two sons William & Robert, the whole of my land also my hand screw to be equally divided between them. To my son Robert I give the improvement I now live on, except the north part of the old field which my son William has been and to cultivate also my waggon & gears, & at my wife's decease I give & bequeath, that he shall have my Negro named Jack. I give & bequeath to my daughter Mary my Negroe child named Else, a horse of thirty pounds value, her saddle & bridle, three cows a good bed & bed furniture. I give & bequeath to my grandsons John Barr & John Foster & to my daughter Nancy, Jean, Lettice & Elizabeth, to each of them I give & bequeath five shillings sterling. And I do nominate & appoint my two sons William & Robert to be executors of this my last will & test: And I do hereby disannull all former wills & ratify & confirm this to be my last will & test: in witness whereof I have hereunto set my hand & seal, the day & year above written.

Signed, sealed & declared John [his X mark] Kilpatrick {seal}

in the presence of us:
John Barr senr.
Willm. Barr Jut.
John Barr jun:

Source: Record of Wills 1762-1805: NC Archives, Raleigh, NC Roll # C.085.80001

 

 

Last Will and Testament of Elizabeth Clardy, probated 1811 in Granville Co., North Carolina

In the name of God Amen. Elizabeth Clardy of the county of Mecklenburg & state of Virginia being of sound mind & memory do make and ordain this my last will & testament hereby revoking all wills heretofore made by me. In premiss______ I assign my soul into the hands of Almighty God hoping pardon & confession of my sins through the merits and intercession of our lord Jesus Christ & my body I commit to the Earth to be buried in a Christian like manner. My will and desire that all the money my negro name Peter has hired for or shall hire for during my life lend my son in law Edmund Freeman in trust for the purpose of clothing & educating my two grandaughters Elizabeth Bates Womack & Mary Lightburn Womack.- Item- the money I lend Edmund Freeman after deducting his account against me & paying all my just debts I leave in his hands to be given to my daughter Sarah Mitchell as her circumstances may require it. I appoint my son in law Edmund Freeman & Doctor Thomas Hurt Executors to this my last will and Testament in witness whereof I have this the first day of June in year of our Lord eighteen and ten Set my hand and seal, signed and sealed and acknowledged in the presence of

    Elizabeth X Clardy [seal]
Peggy Clardy    
John Clardy    
Thomas Chapman    

 

 

 

State of North Carolina, Granville County, February court A.D. 1811
the foregoing last will and testement of Elizabeth Clardy dec'd was ordered into open court proved by the oath of Thomas Chapman a subscribing witness to the same and order to be recorded at the same time came Edmund Freeman named as one of the executors in said will and qualifed as such. Witness Step. Sneed

Source: LDS # 0,018,974, p 148

Last Will and Testament of James Clardy, Bladen Co., NC 1793

In the name of God Amen. I James Clardy of the county of Bladen and state of North Carolina being very sick and weak but of perfect mind and memory that I give unto God . Calling unto mind the mortality of my Body and knowing that he is appointed for all will. Once I die, I do make and ordain this my last will and testament, that is to say knowing fully and first of all. I give and recommend my sins into the hands of Almighty God that gave it and my body do recommend to the earth to be buried in a decent Christian burial having delivery and at the General resurrection I shall name the said against the mighty power of God, and as having set ____ said Estate wherein it has pleased God to bless me in this life. I give devise and dispose of in the following manner and form.
First Item That all my last debts be paid and of my estate. I give and bequeath to my beloved wife one Negro man named James and one negro woman named Rebecca to be possessed by her during her life and no longer then to be equally divided among all my children.
Item: I give and bequeath to my wife all my household goods during her life or widowhood and no longer, then to be equally divided among my children. My lands I give to be equally divided between my Son's, my wife having her hand in my plantation during her natural life.
Item: I give and bequeath to my granddaughter Penelope Shaw one negro named Rachel that is to say if she lives to have issue, if not, it to be remainder Part of my estate and to be divided amongst all my Children. I will that the remainder of my estate be Divided among my children also.
Item: I do constitute make and ordain Britian Hargrove, William Bryan, Samuel and James Shipman Executors of this my last will and Testament.

And I do hereby utterly disallow, revoke and disa----ll all and every form. Testament, these Legacies, bequeaths and Executors by and any wise before named wills & or Bequeaths ratifying and confirming this and no other To be my last will and testament. In witness whereto I have hereunto set my Hand and seal this eighth day of November in the year Of Our Lord one thousand seven hundred and ninety three. Signed sealed published and pronounced and declare ordained by the said James Clardy as his last will and testament in the presence of us who in his Presence and in the presence of each other has executed subscribed and named.

Moses Pittman    
William Bigford  
James Clardy [seal]
Abraham Beasley    

 

 

 

Source: LDS# 0,018,273

 

Last Will and Testament of John H. Clardy, 1855, Granville Co., NC

In the name of God Amen I John Clardy Snr. of the county of Granville & State of North Carolina being of sound & disposing mind & memory do make & ordain this my last will & Testament in manner following, to wit, hereby revoking all former will & codicils to wills. Item, I give & bequeath to my granddaughter Mrs. Francis J. Paschall 3.acres of land the same being the lands on which her husband J D H Paschall is now building during her life line & then to her heirs I also give to said Francis J. Paschall a negro girl named Fanny & her increase after the death of my wife Margaret H. Clardy. Item, It is my will & desire that my land on Nutbush known as the Moss tract should be sold & equally divided amongst my children at the death of my wife Margaret H. Clardy or sooner as she may think proper. Item, It is my will & desire that the land, the tract on which I now reside together with stock of every description plantation utensils household & kitchen furniture at the death of my wife should be sold & proceeds equally divided among my children. Item, I hereby direct that all my slaves except those mentioned in the first Item of this will should be equally divided at the death of my wife between all my children the said negros being loaned to my wife during her natural life. Item, It is my will & desire that all the moneys I may have at interest now or at the time of my death shall be given to the heirs of the bodies of my two daughters Lucy & Jane. Item, I desire that before any other dispositions should be made of my property that my just debts should all be paid. I hereby appoint Isreal W. Hargrove the Executor of this my last will & Testament Singned [sic] in the presence of us the subscribing witnesses in the presence of the testalor [sic] and of each other this 30th day of July 1855. .

Charles R. Eaton Jr. John H. [his mark] Clardy
O. F (Y?) Manson  

 

 

North Carolina August Court 1855 Granville County The foregoing paper writing purporting to be the last will & Testament of John Clardy is exhibited for probate in Open Court by Isreal W. Hargrove the Executor therein named and the due executor thereof by the said John H. Clardy is proved by the oath and examination of Charles R. Eaton one of the subscribing witnesses thereto. it is therefore considered by the Court that the said paper writing and every part thereof is the last will and Testament of the said John H. Clardy, and the same is ordered to be recorded and filed and thereupon the said Isreal W. Hargrove comes into court and renounces his right to qualify as such. On motion James R. Duty is appointed Administrator with the will annexed of the said John H. Clardy who enters into bond for $8000 c with William H. Boyd, Y Brown Venable and Lunsford A. Paschall surrties [sic] and duly qualifies as such.

Witness A. Landis Clk

Source: LDS film #0,018,986 pg. 669-670

North Carolina Granville County
We the undersigned Commissioners appointed at the August term 1855 of the Court of Pleas & Quarter Sessions for the above named count to allot & set apart to Francis J. Paschall three acres of land agreeable to the last will & Testament of John Clardy deceased. Beg leave respectfully to state of John Clardy that they have had said land surveyed the boundaries of which are as follows. viz: Beginning at a white Oak in the forks of the Haskins Ferry & the road leading from Ridgeway to Taylors Ferry, thence South 82 East along the Haskins Ferry road 44 poles to a small Pine on the South edge of said road. Thence South 11 ½ poles to a white Oak in Benjamin James line thence South 48 West 30 poles to a small Pine & stone on the Ridgeway Taylors Ferry road thence along said road to the beginning containing three acres including the building of James D.B. Paschall Given under our hands & seals this the 24th day of October AD 1855

C. M. Hargrove [seal]
John D. Hunt [seal]
Jacob I. Riggan [seal]

Source: LDS Film #0,018,987 p.14

Account of sales of the personal property of John Clardy & made James R. Duty, ________ with the will annexed 17 Sept 1855

John S. Chapman 1 Shot Gun
2.75
J. M. Pollard 1 ditto
.25
Isaac B. Watson 1 ditto
11.00
William Watson 1 ditto
.25
Argel Hanks 1 ditto
1.25
R. Auholds 1 ditto
4.62
William Watson 1 ditto
.25
R. H. Moss 1 four horse wagon
29.50
Margaret Clardy 1 lot corn
5.00
John H. Taylor 1 set wagon geer
6.00
Margaret Clardy 1 carryall
5.00
Ditto 1 oat stack
7.00
Ditto 1 Ditto
7.00
Nell Epps 1 Ditto
10.00
Ditto 1 Ditto
9.00
Ditto 4 stacks fodder
4.30
Cash for panel tobacco sold in Clarksville  
20.39
   
$123.59
Cash on hand  
43.70
Good Debts
   
1 note on John H. Bullock due Feby 1856 with Int. from 1 Feby 1855 for  
$900.00
1 Acct. on Jas O K (B?) Paschall for  
41.16
Doubtful Debts
 
1 Account on Phil Harris for  
$ 25.00
1 Account on Creed Haskins  
3.65
1 Acct on George Rideoat  
4.50
1 Acct on Aplen Puryear  
6.38
1 Acct on Martha Chapman  
7.37
1 Acct on T Watkins  
7.82
1 Acct on Obediah Overbey  
2.00
1 Account on Edward Tam  
14.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Inventory of the personal property of John Clardy deceased taken by James R. Duty, Admin with the will annexed 20th day of August 1855. Negros, Bob, Daniel, Henry, Abram, Martha, Dianah, John, Samuel, Robert, Anna, Egbert, Joseph, and Fanny, 3 head of horses, 11 head of cattle, 3 work oxen, 15 head hogs, 1 four horse wagon & wn geer, one horse wagon, 1 ox cart, 1 carryall, 1 stack fodder, 4 oak stacks, 5 barrels corn, 6 bushels wheat, a panel injuna? lug tobacco, ½ dozen knives & forks, sofa, 1 mans saddle, 2 tin buckets, 2 large jugs, 1 set castors, 3 feather beds & steads, 10 counterpanes, 6 sheets, 6 towels, 3 table cloths, 1 walnut folding table, 1 June table, 1 candle stick, 1 profs, 1 small cupboard, 1 desk, 14 siling chairs, 1 clock, 1 shirt, 1 trunk, 1 looking glass, 1 set & a half china ware, ½ dozens boles, 8 dishes, 1 ½ dozen plates, ½ dozen tea spoons, ½ dozen table spoons, 8 glass tumblers, 5 wine glasses, 2 candle sticks, 3 pitchers, 1 side saddle & bridle, 6 jars, 1 brass & 1 iron kettle, 1 demijohn, 1 working cradle, 2 double barrel guns, 2 single barrel guns, 5 pots, 2 ovens, 2 skillets, 1 tea kettle, 1 frying pan, 3 pr hooks, 1 bread hoe, 2 pots racks, 2 tin sugar dishes, 3 spinning wheels, 1 large family Bible, 3 grub hors, 2 pic axes, 1 broad axe, 5 weeding hoes, 2 cart plows, 1 crop cut saw, 1 grind stone

North Carolina Granville County
.November Court 1855

The foregoing inventory and account of sales win duly admin on oath in open court by James R. Duty Adm and ordered to be recorded.

Witness A Landis Clk

 

Source: LDS film #0,018,987 pg. 22-23

James R. Duty Admr with the will annexed In account current with the estate of John Clardy Sr 1855

Augt 20 To cash on hand
$ 43.70
  cash Recd. of Phil Haris
20.00
  sale of tobacco in Clarksville
20.39
Sept 17 Amt. of sale of personal property due 7 march '56
103.12
Oct 31 cash recd OK Paschall
41.16
Dec 19 " " Obidiah Overby
2.00
1856 Jan 4 " " Miss Martha Chapman
4.37
" " 21 " "Leonard Stegall
7.30
March 8 " " of John N. Bullock
254.00
Dec 15 " " rd of Phil Harris
6.00
1857 May 9 " " Creed Haskins
3.94
Aug 6 " " A. M. Hanks
10.19
  " " N. W. Epps
1.95
  " " J. B. Watson
75.22
  " " John N. Bullock
765.56
  " " N. R. Moss
2.39
Oct 9 " " Margaret Clardy
2.25
  " " John Watkins
8.65
  " " Edward Terry jr
16.33
    1,303.96
1855 Sept 17 by hand pd W. A. Burnwell snr
33.27
17 " " Henry T. Gill
7.08
22 " " W. B. & R. T. Hughes
1.75
Dec 29 " " Dr. O. H. Manson
42.20
1856 Jan 2 " " Geo L. Rideout
33.03
  " " Jacob J. Regan
1.75
31 " " W. A. Chapman
2.50
Feby 3 " " Miller J.Newma
1.75
March 14 " " Robt N. Bugg
28.72
" " 15 " " Wm. B. Hughes
1.90
24 " " T. L. Hargrove snr
123.25
July 2 " " Dane B. Hatcher
25.32
  " " T. L. Hargrove Atto
30.00
  " " Wm. Easton Atto
15.00
  " " J. M. Gooch(___ ___)
3.80
  Clerks County Court
6.45
  Commissioners on receipts
65.19
  Ditto on disbursments
17.88
   
440.84
  Balance in hands of Admr Oct 1857
$863.12

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In obedience to the annexed order the undersigned have examined the foregoing account current of Jas. R. Duty Admr of John Clardy due and find that he has sd the sum of $1303.96 and disburssed the sum of $440.84 this amt of disbursments includes admr commissions at 5 per cent on receipts & same on disbursments and recommend that the same be allowed which leaves in his hands as Adm $863.12 respectfully submitted

R. A. Jenkins
Jos. M. Hicks
E. Latternhile
commss
       
North Carolina Granville County   November court 1857  

The inventory of the foregoing report was duly returned in open court by the commissioners, confirmed and ordered to be recorded.

Witness A. Landis Clk

Source: LDS film# 0,018,987 pg. 354-355

Inventory of the Property belonging to the estate of James H. Clardy decd. which came into the hands of James R. Duty his Admr (Viz) an interest of one fourth part in remainder at the death of Margaret H Clardy decd in the following property (to Wit) 304 acres of land, Negros, Bob, David, Henry, Abram, Marth [sic] Dianah, John, Samuel, Robert, Anne, Egbert, and Susan. Stock of horses cows, & hogs, plantation tools, house hold and kitchen furniture- See inventory of the estate of John Clardy decd. Cash in the hands of James R. Duty, Admr of John Clardy decd. forty six dollars and five cents $46.05 being a balance of his Moneyed legacy of that part of John Clardy's estate of wich he died intestate, and desired from John H. Clardy's legacy in the same in corse equal of advancements made to him by said John Clardy, during his lif time-

  James R. Duty Admr
  James H. Clardy decd,
   
North Carolina Granville County August Court 1858

 

 

 

The foregoing Inventory and account of sale was duly returned in open court by thee oath of Jas. R. Duty Admr, and ordered to be recorded.

Wit. A. Landis Clk

Source: LDS film #0,018,987 pg 562

*Transcribers Note: On page "562" I find it fascinating that A. Landis, the clerk of Granville Co., NC wrote in the above document, "James H. Clardy" twice, in addition to writing "John H. Clardy" five times. Mr. Landis probably had known John H. Clardy during his life, he did write the will of John Clardy in the county books three years earlier. Mr. Duty surely knew John-right? Therefore, I wonder if John was also known among his family/friends and colleagues as "James"? Was James and John interchangeable names back in those days, or if his name was John James Clardy or James John Clardy, it may explain why so many James' are never connected to any families. Any thoughts on the subject? The above documents where transcribed with the utmost care, although it is always human to make errors. When in doubt check the film.

Benjamine Clardy, Smith Co., TN Will recorded 1834

Know all men by these presents that I Benjamine Clardy of the County of Smith and state of Tennessee being of sound mind and dispersing memory do constitute and order and make this my last will and Testament hereby making all former wills by me made void. 1st) I will to my wife Lucinda D. Clardy during her natural life or widowhood, The following property (to wit) all the tract of land on which I may live, containing one hundred & fifty six acres by estimation-also one negro man by the name of Charley. I give and bequeath my wife the following Girl name leg[sic] Mariah also an negro boy named Pasckal about eighteen years or age, one of the Choice Horses, and her saddle Bridle, a good bed and furniture with a lot curtains and stead. One cow and calves six sheep & 8 good hogs for her meat a plenty of provisional for one years support for her and family all of such things as I have been in the habit of using- I do give her all the money coming me from Peter Averatts estate, also six Silver Table Aprans[sic] and I will to my wife eighty dollars in silver.
2) At the death or marriage of my wife Lucinda I will that the above named tract of land and negro Charley to be sold and the proceeds to be equally divided between my heirs herein after named.
3) I will all the remainder of my property that I may have at my death to be sold and divided equally between my son John C. Clardy, William Clardy and my two grand Daughter Nelly H. & Elizabeth Susanah Britton to have one share equally to my two sons. The one already given my sons John C. Clardy six hundred and thirty eight dollars, to my son William Clardy four hundred and sixty six dollars to William T. Britton three hundred and fourteen dollars all of which sum are to be taken into consideration and the distribution to be made equal after deducting the sum that each one has had.

I appoint Solomon Debow and John M. Moeleling to be my executors

  Given under my hand and
Seal this July 4th 1842 Benjamine Clardy [seal]
Attest  
M.L. Debow  
William Stalcup  
Jas. H. Buckingham  

 

 

 

 

 

State of Tennessee Smith County
December Term County Court 1842

The last will and Testament of Benjamine Clardy deed was produced in open Court for probate and was duly proved in open Court by the oaths of M. T. Danaho and James H. Buckingham subscribing witness the same and on motion ordered to be recorded.

Attest J J Burnett Clk
  of Smith County Court
B.C. 14 Dec 1843  
Signed No. 1  

 

 

 

Source: TSLA film #105, pg 1050-1051

Estate sale of Benj. Clardy decd, land in Smith Co., TN

Whereas Benjamin Clardy by his last will and testament directed that after the death of his wife ________ [Lucinda]Clardy the tract of land on which he lived lying in Smith county Dist. No. 8 should be sold. I as executor of said will have provided? to advertise and sell said land at public sale and have struck of and sold the same to Edward Bradley for the sum of twelve hundred dollars that being the highest and best bid therefore in consideration of the premises and the _____ - in me vested by said will and in consideration of the sum of twelve hundred dollars to me paid do transfer and convey to the said Edward Bradley his heirs and assigns forever all the right and title vested in me a executor of said will to the above tract of land bounded as follows- beginning at an Oak Stump in William Stalcups north boundary line running East one hundred & Seventy six poles to a stake thence north two hundred & ten poles to a stake and nack [rock?]- thence west forty eight poles to an Elm in Wm Stalcups own line- Thence south ninety poles to the road at the mouth of Carrie? Thence West in with the lane one hundred & forty four poles to a stake in W Stalcups Jrs.[?] east boundary - thence South one hundred and fourteen poles to the beginning- Estimated at one hundred and fifty six acres better the sum more or less to have and to hold to the said Edward Bradley his heirs and assigns forever and I do further transfer and assign to the said Bradley his heirs all the right and benefit of said warrantee in said land contained in as full answer as under said will I can and should but I assign and convey as Executor and not otherwise this 9th day of October 1854

Witness Solo Debow [seal]
William Stalcup Executor of B. Clardy [seal]
B. G. Carniore  

 

 

 

Tennessee Smith County
Personally appeared before me William V R Hollum clerk of the county court of Smith County Solomon Debow the executor of the bargainor-with whom I am personally aquatinted & who acknowledged that he executed the within deed for the purposes therein contained.
Witness my hand at office this 8th day of August 1855

Recd. Sept 6th 1855 W.V.R. Hollum, clerk  
At 8 oclock am    
D.E. Sanders, Reg    

 

 

State of Tennessee Smith County
I James P. McKee register of said county do certify that the forgoing is a true and perfect copy as recorded in my office in book W page 425-given under my hand at office this Dec 22nd 1866.
James P. McKee, Reg.

Source: TSLA film #325, Loose Papers, Chancery Court records, pg. 1033-1034

Will of Rachel Bryan 1833

Will of Rachel Bryan, #31, Columbus Co., NC,
SLC FHL # 968,740

In the name of God, Amen, I Rachel Bryan of Columbus County North Carolina being of sound and perfect mind and memory (blessed be God) do this tenth day of June in the year of our Lord one thousand eight hundred and thirty three make and publish this my last will and testament in manner following that is to say. First, I give and bequeath unto my daughter Mary CLARDY two negros, Levy and Kitty provided that she the said Mary CLARDY or her heirs shall execute a good and lawful title unto my son Armelain Bryan for her full share of land that will accrue in the division of my dowry of land on the east side of the white marsh now in the possession of my son Armelain in the event of the said Mary or her heirs refusal, my will is that my son Armelain be fully endemnified out of the above named negros Levy and Kitty and the residue if any go to my daughter Mary- Secondly, I give and bequeath unto my son William. A. D. Bryan two negros Jim? and Milly with the above condelrons {sic} that I have enjoyed on my daughter Mary. Thirdly, I give and bequeath unto my grand daughter Hellen S. Brantley a negro girl named Bet. Fourthly, as I did before the death of my daughter Ann Lucas make her a deed of gift to negro Hester and children which is equal or superior to any of my bequests and this deed not having the nesary{sic} exceptions towards my son Armelain it is the solem decree of a faithful and affectionate grandmother that all her children make him a title to thier mothers share of my dowry of land as before described and it is expressly enjoined on my grand daughter Hellen S. Brantley so far as her interest is conserned {sic} as on my other two children Mary & William. And now that I have disposed with all my eartly considerations revoking all other wills hereunto made I commend my sole {sic} to its God- and make and ordain my son Armelian Bryan executor to this my last will and testament in witness whereof I the said Rachel Bryan have to this my last will and testament set my hand and seal the day and year above written.
Signed, sealed, published and declared by the said Rachel Bryan the testator as her last will and testament in the presents us[sic] __he was present at the time of signing and sealing thereof.

Wm. Baldwin   R. Bryan (Seal)
H. C. Williams    
Jno White    

 

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Will of John Collins Clardy

I John C. Clardy of the county of Christian and State of Kentucky being of sound mind and disposing memory do make and publish this my last will and testament in manner and form following to wit.
First: I give and bequeath unto my beloved wife, Elizabeth Clardy all my real estate and personal property during her natural life to the end that my infant children may be raised, educated, and provided for during their minority and at the death of my said wife, I will and desire that all my personal property of every kind may be sold on a credit of twelve months and that the proceeds thereof be divided equally among all my children after deducting from the share of those of my children after deducting from the share of those of my children, to whom I have made donations in my life time or from the share of those to whom my wife, make advancements during her life time or widowhood the amount of such advancements and I will and desire that all my real estate at the death of my wife, Elizabeth Clardy, be sold to the highest bidder on a credit on one, tow and three years the purchaser giving bond and good security and a mortgage on the premises and that the proceeds thereof be also equally divided among all my children as above, the proceeds of my personal estate is directed to be divided.

Second: It is my will and desire that if my wife shall marry after my death that all my estate herein bequeath and devised to her during her natural life shall be sold immediately after the termination of her widowhood and that the divisions herein before mentioned among my heirs shall be then made.

Third: It is my will and desire that my wife after my death shall give to each of my children at the age of twenty-one years, the sums of one thousand dollars, or its equivalent in property at a fair valuation and it is my will and desire that she shall charge the same to the child, so receiving said advancement to my children and it is my will and desire that a similar advancement be made to my daughter Sarah, at her marriage, also the provision be made for Fanny though they may not have arrived at the age of 21 years.

Fourth: I appoint my two sons, W. D. Clardy, and J. D. Clardy, my executors to this my last will and testament and it is my will and desire that they shall supervise the management of my estate during the life time of my wife or manage and execute the provisions of this my last will and testament. In testimony whereof I have hereunto set my hand and affixed my seal this the 6th day of November, 1853. Sealed and acknowledged in the presence of,

H. C. Leavell    
J. W. Moore, Jr. John C. Clardy  
     

 

 

State of Kentucky
Christian County Court
I, John S. Bryan, clerk of the county court for the said county certify that the foregoing last will of John C. Clardy deceased, was on the 2nd day of Jan. 1853, taken up by the court and was proven in the manner required by law by the oath of Henry C. Leavell, a subscribing witness proved attestation of J. W. Moore another subscribing witness and ordered to be recorded and appears from the order book of said court, whereupon the same together with this certificate hath been duly recorded in my office given under my hand this 13th day of October, 1855.

 
Att: John S. Bryan
 
cccc

 

[Gleaned from John W. Johnson's book; A History of the Family of John Collins Clardy of Kentucky, 1955]

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Will of William Duncan Clardy 1867

In the name of God, Amen, I, William D. Clardy, of the county of Montgomery and state of Tennessee, being weak in body, but sound in mind and memory do make and ordain this my last will and testament, hereby revoking all others heretofore made by me.
Item 1st, It is my will that my executor hereafter named proceed to pay all my jest debts out of the first monies which may come into his hands.

Item 2nd, I request and advise my beloved and affectionate wife Minerva L. Clardy and our dear children, to whom the tract of land known as, and called, "Center Grove" is deeded, being all the tract of land on which we now reside lying west of the Tobacco Road, including the twenty acres bought by me of W. H. Elliott, be kept together as one tract together with all the provisions, stock of every sort, farming utensils, household and kitchen furniture, just as it may be at my death. My wish and will being to avoid and forbid the sale of any of the place, unless she and my executor should otherwise determine, as a home for her as long as she shall live. Or any of our children may remain unmarried, or under 21 years of age: and at her death should all of our children be of age or married, I advised will and request that all of said property so kept together be sold on the following terms; one fourth cash, and the balance on a credit, one, two, and three years, as to the land, and the personal property on such terms as my executor may think best.

Item 3rd. I will and bequeath to my son B. S. Clardy, [Blunt Sessum] all the land bought by me of W. T. Poor, the same lying east of said Tobacco Road, containing 183 ½ acres, and valued by me at eight thousand five hundred dollars, to which is to be added in money by executor one thousand five hundred dollars, so as to make the whole amount willed him in this, ten thousand dollars, I also bequeath to him in addition to the above, my gold watch - he being my only son.

Item 4th. It is my will that my executor pay each of my daughters, Nannie Knox Clardy, Elizabeth Bell Clardy, and Antonia Clardy, when they shall marry or arrive at the age of 21 years, ten thousand dollars each, so as to make each one of them equal to the share of their brother B. S. Clardy, as above bequeathed in item 3rd - except the watch -my desire being, to do, as near as possible, exact justice to all my children.

Item 5th. It is my will that my beloved wife, have my family carriage and horse.

Item 6th. It is my will that the residue of my property, except as restricted, and limited in item two of this will, be sold on such terms as my executor may deem best, and the proceed equally divided among my four children, B. C. [sic] Clardy, Fannie K. [sic] Clardy, Elizabeth B. Clardy, and Antonia Clardy.

Item 7th. Lastly, I nominate constitute, and appoint my brother John D. Clardy, executor of this will, to qualify security, I having the fullest and most complete confidence in his integrity, justice and honesty and I hereby invest him with full authority and discretion as to the sale of any of my property, both real and personally, not specifically bequeath or not limited in Item 2 of this will as I can not foresee what circumstances may surround my family. It testimony of all which, I have hereunto set my hand and affixed my seal this the 25th day of December 1867.

W. D. Clardy [seal]

Witnessess
James W. Quarles
Ben K. Gold

State of Tennessee Montgomery County I Peter O'Neal, clerk of said county, certify that the above is a true and perfect copy of W. D. Clardy's will on record in my office given under my hand at office in the City of Clarksville, this February 7, 1868.

Peter O'Neal, clerk

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Will of John Daniel Clardy 1906

Oakland, KY
July 24, 1906

Since writing a former will many years since, many changes have taken place, including the death of the parties charged with the execution of the said will, I, John D. Clardy of the County of Christian and State of Kentucky, being by the blessing of a kind Heavenly Father, in excellent health and of sound mind and disposing memory, do now make and declare this instrument-written by my own hand-to be my lat will and testament, revoking all others.
1st- It is my will and desire that all my just debts be paid, if there be any such at my death.
2nd - Having the most implicit confidence not only in the faithfulness and integrity, but also in the financial and business capacity of my dear wife, Ann F. Clardy - I do hereby give and bequeath to her during her natural life all the property, both real and personal of every description that I may be possessed of at the time of my death, to the end that her life may be made as happy as may be, and that she may have the means to assist the children in such manner as she may deem best, and assist in the education and training of our grandchildren, that they may be fitted for usefulness in this life and prepared for the life to come.
3rd - Should my wife survive me, at her death, it is my will and desire that all my estate, real and personal, shall be equally divided between my two children Fleming C. Clardy and my daughter Fannie C. Prestridge, taking in the account all the advances in cash or property which have been or may hereafter be made, and charged in my book. In this division it is my desire that my son, F. C. Clardy shall have my home place "Oakland", 460 acres, more or less, at the valuation of Fifty (50) dollars per acre ($23,000) and all the stock, machinery and farm implements at a fair cash value and that my daughter, Fannie C. Prestridge, shall have the place known as "Rockhollow", 504 acres at the value of Forty (40) dollars per acre ($20,160). The other place "The Steele Farm", if not sold during my life, may be sold or divided as they may agree. Other items of the estate, stocks, note, cash, etc. shall be so divided as to equalize the portion to each.
4th - Should my daughter Fannie C. Prestridge die without living bodily issue, as now seems probable, it is my will and desire that two thirds (2/3) in value of all advances made to her since Jan. 1, 1906, and all property, real and personal, that she may receive from my estate, shall be given up and returned as residual of my estate and given to my grandchildren, the children of my son F. C. Clardy, share and share alike, to all living, or if dead have left living issue. This provision is not intended to prevent my daughter from selling and giving to any real estate she may receive. Such may be sold and the price thereof reinvested in other property or securities, but must not loose its identity as part of my estate.
5th- As two periods - infancy and old age - of human life are helpless and must assistance, it is my will that within two years after my death, Five Hundred ($500) Dollars shall be paid to the Baptist Orphan Home at Louisville, Ky., as part of the endowment fund, the interest only to be used - and also Five Hundred ($500) Dollars shall be paid to the Kentucky Baptist Ministers Aid Society as part of the endowment fund, the interest only to be use.
6th - I hereby appoint my wife, Ann F. Clardy and my son Fleming C. Clardy, executors of this my last will, and ask that they be permitted to qualify without security or the giving of any bond, not shall they be required to make any inventory or make any report to court.
7th - Now commending my dear wife, children and grandchildren to the care, protection and guidance of a kind and ever watchful Heavenly Father, I sign this instrument, written in my own hand at "Oakland" this 24th day of July 1906.

J. D. Clardy

I, Ann, F. Clardy, wife of J. D. Clardy, do of my own accord and without reserve, endorse and sign this will and testament of my husband, J. D. Clardy. Ann F. Clardy
Attest:
W. S. Pierce
R. A. Caudle

[gleaned from John W. Johnson's book; A History of John Collins Family of Kentucky]

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Will of Dr. T. F. Clardy

I, T. F. Clardy, of Christian Co., KY do make and publish this my last will and testament, hereby revoking all former wills.
1st - I direct that my funeral expenses and all my just debts be paid by my executor as soon after my death as possible.
2nd - I give, devise, and bequeath to my beloved wife, Elizabeth Clardy, all my estate, both real and personal, that I may die seiged [sic] and possessed of whether in this state of elsewhere, to be used and disposed of by her as she may deem best and proper, and in the event that she should see proper to dispose of the whole or any part of my estate, I desire her to confer and advise with my brother, John D. Clardy, before doing so. The gift in this clause is absolute.
3rd - I hereby appoint my said wife guardian for our children, Rollins and Mary, not requiring of her any bond for the execution of said trust.
4th - I nominate and appoint my wife executor of this will without bond or security and it is my wish that she shall not be required to retain any inventory of my estate or make any settlements with the court.

T. F. Clardy
Witnesses:
H. Lusk
M. L. Clardy
Mrs. A. H. Lusk

 

 

 

State of Kentucky
Christian County Court
March Term
March 3, 1885
In the matter of probating the will of T. F. Clardy, deceased, coming up on this day for further hearing and proof and A. H. Lusk, properly Mrs. Lizzie Lusk, subscribing witnesses, is to said last will and testament being present in open court and being duly sworn, declared on their oaths that said will was executed by said T. F. Clardy, deceased on or about November 10, 1884 in their presence, and they signed the same in the presence of said testator as witnesses thereto, and that said will is wholly in the handwriting and signature of said T. F. Clardy, deceased and that the said testator was of sound mind and disposing memory at the time of signing, and acknowledging the same in their presence as his last will and testament. Whereupon it is ordered that the same be and is hereby allowed and established as and for the last will and testament of said T. F. Clardy, deceased, and ordered to record as such, which, has been duly recorded in my office this March 3, 1885.

John W. Breathett

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Copyright 1999-2002 by Nita Clardy Freer, All Rights Reserved.

Page Updated March 2003