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Sunday, May 19, 2013


Last Will and Testament of Lazarus Tilley - April 1814

Shelby County, Kentucky Will Book 3, page 124,125

Transcribed by Valerie J. Thompson May 11, 2013

Page 124

In the name of God, Amen, I, Lazarus Tilly, of Shelby County and State of Kentucky, being very sick and weak in body, but of perfect mind and memory, thanks be given to God for all His mercy’s, calling to mind the mortality of my body, and that it is appointed for all men once to die, do make and ordain this my last will and testament, that is to say, principally, and first of all I give and recommend my soul unto the hands of the Almighty God who gave it, and my body to the earth to be buried in a descent Christian burial at the discretion of my exec’rs, nothing doubting, but I shall at the general resurrection receive the same by the mighty power of God, and as touching such worldly estate where with it has pleased God to bless me in this life, I give, demise and dispose of the same in the following manner and form.

Page 125

(first) After all my just debts are paid, I give a certain negro woman, Milley, her freedom so far as this the said negro woman has [chosen] my son-in-law, Richard Graves, and his wife, Nelly Graves where with the said negro Milly is to work, and be well treated as long as she lives. It will be understood that, if the negro woman should be afflicted, or unable to work the said Graves and his wife shall ….   her so long as she lives without any …   To the rest of my children all the balance of my real estate such as land, negroes, … is to be equally divided between all of my children. My son Henry has undertaken to make a crop for me this present year. He is to continue peaceably to finish his crop with all that was put on for the benefit of making the crop. The balance of my negroes, except what is put in the crop is to be dealt with as the law directs. Likewise, all of the balance of my estate, except what is engaged in the crop is to be dealt accordingly. It is my wish that Sam’l Tinsley, Esqr., and John Martin shall be my exec’rs of this my last will and testament, In witness whereof I have hereunto caused my hand and seal to be set this 2nd day of April 1814. Signed, sealed and delivered in the presence of

Richard Rogers

George Hawkins                                                                                           Lazarus Tilley {Seal}


 Shelby County                       April County Court 1814

     This last will & testament of Lazarus Tilly, deceased was this day produced in court and proved by the oaths of Richard Rogers & George Hawkins, two subscribing witnesses thereto and ordered to be recorded which is done accordingly.                        At: James Craig, Clk.


Shelby County Court Order Book 4, page 126A

The last will and testament of Lazarus Tilley deceased was produced into court & proved by the oaths of Rich’d Rogers and Geo. Hawkins, Witnesses thereto & ordered to be recorded.
Shelby County Deed Book V1, page 74 Lazarus Tilley’s heirs to Henry Tilley
Transcribed by Valerie J. Thompson May 11, 2013
This Indenture made this 21st day of September in the Year of our Lord one thousand eight hundred and sixteen, Between Joel Tilley and Betsey his wife, and Jesse Simmons and Nancy Simmons of the County Stokes County and State of North Carolina of the one part, also Aaron Tilley and Nancy his wife, Lazarous Tilley and Caty Tilley his wife, Moses Tilley and Betsey his wife, Richard Graves and Nelly Graves his wife, and James Richardson and Anna Richardson his wife, and Woody Burge and Betsey Burge his wife, Henry Lisby and Polly Lisby his wife, Aggatha Mitchell of the County of Shelby and State of Kentucky of the one part and Henry Tilley of the County of Shelby and State of Kentucky of the other part, Witnesseth that the above persons being heirs and devisees of Lazarus Tilley dec’d, for inconsideration of the sum of five hundred and sixty three dollars & 46 cents to them in hand paid, the receipt whereof is hereby acknowledged hath granted, bargained, and sold unto Henry Tilley a certain tract of land lying in the said County of Shelby on the waters of Beech creek and bounded as follows, to wit, Beginning at a Stone, a corner of Aaron Tilley’s running N 20 E 140 poles to a beech & sugar tree, thence N790 W10 poles to a beech and Stake, thence N15 E20 poles to a beech and ash, thence N44 E48 poles to a 2 beeches, thence N45 W68 poles to 2 beeches on the bank of Beech Creek, thence down said Creek N85 W58 poles to a beech and buckeye, thence S20W260 poles to 2 Beeches on the road, thence S70E18 poles to a stone, thence S20 E61 poles to a beech and sugar tree in Scotts line, thence with the same N20 E50 poles to a sugar tree, thence to the Beginning containing 182 acres & 84 poles, To have & to hold the said tract of land as above described and every part and parcel thereof with all the appurtenances thereunto in any way belonging to him the said Henry Tilley and his heirs forever against the claim of all persons whatsoever setting up or holding any right or title thereto they, the said Joel Tilly & Betsey his wife, Jesse Simmons & Nancy Simmons of North Carolina and Aaron Tilly & Nancy his wife, Lazarus Tilley & Caty his wife, Moses Tilley & Betsey his wife, Richard Graves & Nelly his wife, James Richardson & Anna his wife, Woody Burge & Betsy his wife, Henry Lisby & Polly his wife, Aggatha Mitchell all being heirs and devisees of Lazarus Tilly dec’d, Shall and will warrant and forever defend by these presents. It is also to be remembered that if the foregoing tract of land should be lost in law or equity that the above named heirs and devisees are to pay the purchase money back jointly without interest. In Testimony whereof they, the said legatees, hath hereunto set their hands and affixed their seals this day and year first above written,
Test:                                        Joel Tilley                                            James Richardson
Sam’l Tinsley                         Elizabeth Tilley                                   Ann Richardson
William Tilley                        Aaron Tilley                                         Henry Lisby
Jno G. Robertson                  Nancy Tilley                                        Mary Ann Lisby
                                                Lazarus Tilley                                       Agatha Mitchell (her mark)
                                                Caty Tilley                                             Moses Tilley
                                                 Woody Burge (his mark)                   Elizabeth Tilley
                                                 Betsey Burge                                       Jesse Simmons
                                                 Richard Graves                                    Nancy Simmons
                                                 Nelly Graves                                        By me, R. D. Tilley, Attorney in fact
Shelby County Court Office
     This deed was proven before me in my office on the 21st day of October 1816 to be the acts and deeds of Joel Tilley & Elizabeth his wife, Aaron Tilley & Nancy his wife, Lazarus Tilley and Caty his wife, Woody Burge and Betsy his wife Richard Graves & Nelly his wife, James Richardson & Anna his wife, Henry Lisby and Mary Ann his wife, and Agatha Mitchell by the oath of Sam’l Tinsley a subscribing witness thereto & on the 21st day of November 1817 said deed was
Page 76
Further proven to be the acts and deeds of the aforesaid parties by the oath of William Tilley another subscribing witness thereto. On the 17th day of January 1818 said deed was acknowledged by Moses Tilley to be his act and deed, and on the 7th day of March following deed was acknowledged by Elizabeth Tilley. wife of said Moses Tilley, to be her act and deed, and the said Elizabeth having been examined separate and apart from her said husband has relinquished her dower in and to the lands in said deed mentioned, and on the 19th day of May 1826 said deed was acknowledged by R. D. Tilley attorney in fact for Jesse Simmons & Nancy his wife to be his act and deed, and thereupon the same was truly recorded.
                                                                                                          Ja S Whitaker, Clk
Lazarus Tilley, born about 1749, first appeared on the 1797 Tax List of Shelby County, Kentucky with his son, Aaron. He sold his land in Stokes County, North Carolina to his son Joel Tilley, who remained there. He appears on the 1810 Census of Shelby County, Kentucky with his sons, Aaron and Henry. Lazarus was a Revolutionary War soldier from North Carolina, whose DAR Ancestor number is A202507. His service source records include Hann, North Carolina Revolutionary Army Accounts Journal A 1775-1776, page 166; Absher, Surry County Court Minutes 1768-1789, pages 21,22, & 30. He served under Captain Joseph Phillips, was a juror, and overseer of roads. (