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. (www.dar.org)
