The Estate of Sims Kelly

Newspapers.com is filled with interesting information about our ancestors. I recently found a series of articles concerning the estate of Sims Kelly. His son, Samuel Camp Kelly, was the executor of the estate which was not settled for several years. These articles give information on Sims’ children, his personal belongings and the location of his land. There are more articles than I have transcribed here but there are many duplicates. 

Sims Kelly

11 March 1784 NC – 17 Jul 1860 AL

Son of William Stark Kelly & Mary Frances Durham

Husband of Mary Camp

My 1^st Cousin, 5x removed

This newspaper clipping concerned with the estate of Sims Kelly is filled with information about his children. Not only does it list his sons, it also names daughters, giving their maiden names & the names of their husbands. I don’t think I have ever seen that before. Sims & Mary Kelly were the parents of 13 children. Eight are named below. One child died before their father. Nancy Grace (Kelly) Miller died in 1843 TN. Her family is mentioned in the Will. Martha (Kelly) Gladden is not mentioned but James A. Gladden is mentioned; Mary Ann (Kelly) Bryon is not mentioned but Jesse U. Bryon is mentioned; Ava Ann (Kelly) Hendrick is not mentioned but John ‘Hendrix’ is mentioned; and Emmeline Amanda (Kelly) Draper is not mentioned but Joshua Draper is mentioned. These could be the husbands of those sisters. This accounts for all the children of Sims Kelly.

September 1860

The State of Alabama, Calhoun County, Court of Probate for said County, Special Term, September 4^th, A. D. 1860.This day came Samuel C. Kelly [Samuel Camp Kelly], Joshua Draper, Jesse U. Bryan, John Hendrix, and James A. Gladden, and filed in Court their petition in writing, representing that Sims Kelly, lately died at his residence in said County, leaving a paper writing, purporting to be the last Will and Testament of the said Sims Kelly, deceased and in which petitioners are respectfully appointed the Executors thereof, and they herewith present the same, and ask that it be probated, established and admitted to record, as the last Will and Testament of the said Sims Kelly deceased, and that Letters Testamentary issue to them upon the estate of the said Sims Kelly, deceased. 

Heirs at law of said decedent, to wit:

·     William C Kelly [William Clark Kelly],

·     Benjamin G Kelly [Benjamin Gerard Kelly],

·     And Elizabeth McLemore, late Elizabeth Kelly, and now wife of Daniel McLemore,

Who are all of full age and reside in the State of Texas,

·     Albert Kelly, [Albert Gallatin Kelly] which is full age and resides in the State of Mississippi,

·     James S Kelly [James Sims Kelly],

·     Sallie Moore, late Sallie Kelly, and now the wife of Aaron Moore,

·     and Nancy Meek [Nancy Grace Kelly],

all of whom are under twenty one years of age and reside in the State of Arkansas,

Mary Frances Miller,

Robert S Miller,

Sarah K Miller,

And Albert Miller,

All of whom who are over twenty one years of age and reside in the State of Tennessee].

It is therefore ordered by the Court, that the 8^thday of October, A. D. 1860, be set for the probate & c., of said Will, and that thereof be given to non residents Heirs, by publication in the Jacksonville Republican, a weekly newspaper printed and published in said County, for three successive weeks, prior to said day as a notice to non resident Heirs and Legatees of said estate, to be and appear at a Regular Term of said Court, to be holden at Court House of said County, on the 8^thday of October, A. D. 1860, and show cause, if any they have why said paper in writing should not be probated, established and admitted to record as the last Will and Testament of the said Sims Kelly, dec. and Letters Testamentary issue thereon if they think proper.

Witness. A Woods, Judge of said Court at Office this 4^thday of September A. D. 1860

A. Woods Judge of Probate

September 1860

Source: The State of Alabama. (Jacksonville, AL, Jacksonville Republican, 6 Sept 1860)  2; digital image, Genealogy Gophers (gengophers.com: accessed June 2020).

November 1860

Executor’s Notice. Letters testamentary on the estate of Sims Kelly dec’d, having been granted to the undersigned by the Hon. A. Woods Judge of the Probate Court of Calhoun co., Ala., on the 26^thday of Oct., 1860, all persons having claims against said estate are herby notified to present them, legally authenticated within the time prescribed by law, or they will be barred. Samuel C. Kelly, Executor, Nov. 1. 1860

Source: Executor’s Notice. (Jacksonville, AL, Jacksonville Republican, 15 Nov. 1860) 4; digital image, Genealogy Gophers (gengophers.com: accessed June 2020).

January 1861

Executor’s Sale of Personal Property. Under and by virtue of an Order and Decre of the Probate court of Calhoun County, Alabama, made on the 8^thday of December, 1860, I will proceed to sell, on Monday the 14^thday of January A. D. 1861, at the late residence of Sims Kelly, deceased the following Personal Property belonging to the Estate of the said Sims Kelly, deceased, to wit:

One mare, six head of Mules, Several hundred bushels Corn, Wheat, Oats, Fodder, 2 wagons, one Cart, Cattle, Hogs and Sheep, Blacksmith and Farming Tools, One buggy and Harness.

Terms of Sale, will be a credit of twelve months with interest from date. Note with two good and sufficient securities will be required to secure the purchase money. Cleared land will be rented at the same time and place. Samuel C. Kelly, Exr. Dec. 13, 1860

Executor’s Sale of Personal Property. (Jacksonville, AL, Jacksonville Republican, 10 Jan 1861) 1; digital image, Genealogy Gophers (gengophers.com: accessed June 2020).

April 1862

Notice. During my absence, James S. Kelly is my authorized agent to transact business of the estate of Sims Kelly, deceased. Apr. 3, 1862.  S. C. Kelly, Ex’r

Source: Notice. (Jacksonville, AL, Jacksonville Republican, 3 April 1862) 3; digital image, Genealogy Gophers (gengophers.com: accessed June 2020).

October 1864

Notice. A Valuable Plantation & House to Rent. By virtue of an order from the Probate court of Calhoun county, I will proceed to rent the land belonging to the Estate of Sims Kelly, deceased on Saturday the 5^thNovember to the highest bidder for twelve months at the residence of Sims Kelly deceased, will commence renting by 11 o’clock A. M. Terms made known on the day of renting. S. C. Kelly, Executor of Sims Kelly deceased; October 27, ‘64

Source: Notice. (Jacksonville, AL, Jacksonville Republican, 27 Oct. 1864) 1; digital image, Genealogy Gophers (gengophers.com: accessed June 2020).

August 1868

Executor’s sale. Valuable Plantation. 1, 2 & 3 Years Credit. By virtue of a degree of the Probate court of Calhoun county, Ala., I will, as the Executor of the estate of Sims Kelly, deceased, sell on Friday the 9^thday of October next, upon the premises, four miles south of Jacksonville, at 42 M., the valuable plantation of Sims Kelly, deceased, containing about 840 acres, viz:

The North half of Section 33; and also the north east fourth of the south west fourth of said section 33; also the south east fourth of section 28; and the east half of the south west fourth of said section 28; also the east half of the north east fourth of section 32; all in Township 14 of Range 8 east in said county. 

The place will be sold on One, Two and Three years credit, with interest from date – the purchaser to give notes with approved security and titles made when purchase money is paid.

This is one of the most desirable places in the County – over 300 acres in cultivation – abundance of excellent timbered land – good Dwelling, two-story framed – with out buildings  - a never failing spring – fine Orchard – splendid range adjoining for Cattle and Sheep – for health unsurpassed by any plantation in the county.

S. C. Kelly, Executor

Jesse U. Bryan resides on the place, and will with pleasure show the premises to persons desiring to purchase.

For further particulars, address me at Oxford, Ala. SCK August 1, 1868

Source: Executor’s Sale. (Jacksonville, AL, Jacksonville Republican, 29 Aug. 1868) 4; digital image, Genealogy Gophers (gengophers.com: accessed June 2020).