LAST WILL AND TESTAMENT OF JOHN KENNEDAY In the name of God Almighty I, John Kenneday of the state of North Carolina and the County of Duplin being in sound mind and memory and considering the certainly of the frail and transit life do therefore make and publish and declare this to be my last Will and Testament in manner and for following to wit: First after all my lawful debts are paid and discharged the due of my estate I give and bequeath as follows. Item—1 I give and bequeath to my beloved wife Mary Kenneday all my lands including the plantation whereon I now live with the dwelling house and all out house for and during her natural life as her dower Right and after her death the lands so be quested to be divide as equally in value as possible among my children viz: John B. Kennedy, Jepie Miller and wife Eliza Jane, Henry Whaley and wife Sarah, James W. Kenneday, Isaac Sanderson, and wife, Sylvia, Jesse I Kenneday and the children of my daughter Mary Ann Houston they receiving the share of their mother only and the children of my daughter Zilphy Tilgham they receiving the share of their mother only to them and their heirs forever. Item—2 I also give to my beloved Mary Kenneday my Negro man Jack and Negro girl Fanny and children, two beds, bedsteads and furniture one horse and buggy and harness, two cows, 2 calves, her choice, one sow and pigs two plows 2 pair four eves, 2 lambs and all the kitchen furniture for and during her natural life and after her death all the property be quested in this item to be sold at public auction by my executor herein after appointed and the proceeds arising from said sale to be equally divided among my children and grand children and as follows viz: John B. Kenneday, Sylvia, Jessie I Kenneday, and the children of my daughter Ziphy Tigham, they receiving the share of their mother only and the children of my daughter of my daughter Mary Ann Houston they receiving the share of their mother only to them and their heirs forever. Item—3 I give to my son Bryant Kennedy seventy five dollars to him and to his heirs forever. Item—4 I give to my son-in-law Michael Thigham and wife Zilphy the sum of one dollar to them and their heirs forever. Item—5 I give to my son Jesse I Kenneday one bed, bedstead and furniture to him and his heir forever. Item—6 I give to my son-in-law Isaac Sanderson and wife Sylvia one bed, one bedstead and furniture and one cow 2 calf to them and their heirs forever which they have received. Item—7 I give to my friend James Langhorn and wife Nancy one cow 2 calf to them and their heirs forever. Item –8 All the residue of my estate not here to fore disposed of to be sold by executor herein after named and the monies arising from the sale thereof together with all the money and notes which I may have at the time of my death to be equally divided among my children and grandchildren as follow viz: John B. Kenneday, Jesse Miller and wife Eliza Jane, Henry Whaley and wife Sarah, James W. Kenneday, Isaac Sanderson and wife Sylvia, Jesse I Kenneday and the children of my daughter Zilphy Tigham, they receiving the share if their mother only, and the children of my daughter Mary Ann Houston, they receiving the share of their mother only. Item 9-- I do hereby constitute and appoint my good friend Houston Maxwell and my son John B. Kenneday executors to this my Last Will and Testament hereby revoking all former wills by me made, and all money coming into the hands of said executors for distribution shall be paid out by the legatees. In witness whereof I have hereunto set my hand an seal this 30th day of November AD 1859 JOHN (his mark) KENNEDAY (his seal) Signed, sealed, published and Declared by John Kenneday to be His last Will and Testament John D. Southerland John Smith STATE OF NORTH CAROLINA, DUPLIN COUNTY SUPERIOR COURT OF LAW JOHN B. KENNEDAY FALL TERM AD 1866 EXECUTOR OF JOHN KENNEDAY @ {Divisavil vel nan} MICHAEL TILGHMAN AND WIFE AND OTHERS To the Justice Clerk and other Offices of the court of Pleas and Quarter Sessions of Duplin County Whereas the above entitled cause was transferred from your Court to this court at fall Term 1862 to try the infuse made up and joined between the said parties and whereas the following proceedings where had therefore at this term of this Court aforesaid to coit. The parties by their attorneys come into open court and thereupon the following jurors to coit. Henry Sullivan, Edward H. Williams, Thomas Davis, Waxel Sandlin, John W. Peterson, David Rouse, Edward W. Farrior, Grady Outlaw, G. M. Hall, Wm D. Pearsall, Thomas H. McQue, and William Williams being chosen tired and sworn to try the infuse joined between the said parties upon their oath say that the said proper writing and every part thereof is the Last Will and Testament of the said John Kenneday. It is therefore ordered by the Court, be remitted to the Court of Pleas and quarter Sessions of Duplin County with a transcript of the proceedings thereupon in this court to the end that the said will may be duly recorder and filed in the said Court of Pleas and Quarter Sessions and that further proceedings may be duly recorded and filed in the said court of Pleas and Quarter Sessions and that further proceedings may be had thereon according to law. It is considered that the said John B. Kenneday executor as a fore said do recover against the said Michael Tigham and wife Zilpha, Bryant Kenneday, Jepe Miller and wife Eliza Jane, Henry Whaley and wife Sarah, Brantly Houston and wife Mary Ann, Isaac Sanderson and wife Sylvia his cost of suit and therefore it is ordered that the judgment be certified to the County court and the original will remitted to the said court with a transcript of the proceeding and probate thereof in this court that the said Will may be recorded n the County Court and that further proceedings may be had thereupon according to law I also I Brown Clerk of said do hereby in obedience to said order remit to your Court the said original Will and Testament of the proceedings and probate to the end that you may proceed with what speed you can in such manner according to law as you may see proper. WITNESS: A. J. Brown, Clerk of said Court at Office in Kenansville the 12th March AD 1867 A.J. Brown Clerk By J. D. Southerland D. C. RE: Record Book # B Wills and Testament Book Page 236 Duplin County Archives in Raleigh, N.C. This will is not to be copied and posted on any other site!
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