Person Page - 495

     Charles was born in July 1889 at Terrell Co., Georgia.¹ He was the son of James Henry "Boog" Kelly and Ida L. Cozart. He married Glennie Aycock, , on 8 January 1911 at Terrell Co., Georgia.²

     Charles was born on 7 December 1858 at Dale Co., Alabama.¹ He was the son of Ezekiel B. Kelly and Elizabeth Smith. He married Mary Lee Borland, daughter of Thomas Mathis Borland and Carolyn Harriet Stubbs, on 31 March 1877. Charles died on 11 December 1935 at Cross City, Dixie Co., Florida, at age 77. His body was buried at Clarke Cemetery, nr. Brannon Stand, Houston Co., Alabama.²
     
Biography of Charles Henry Kelly:

Obituary for Henry Kelly - Thurs. Dec 12, 1935: Henry Kelly
died at Home in Cross City: Henry Kelly, of Cross City, well known in this place, passed away at his home yesterday. Mr. Kelly was the father of Mrs. Y. E. Smith and Mrs. L. Tobias of Panama City. (News Herald Newspaper, Panama City, FL.).

     Charles was born circa 1859 at Terrell Co., Georgia.¹ He was the son of Charles R. Kelly and Nancy Powell.

     Charles was born circa 1785 at Delaware.¹ He was the son of Daniel C. Kelly and Sally Clifton. He married Elizabeth Wiley, daughter of George Wiley and Frances Stanfield, on 17 October 1809 at Greene Co., Georgia.² He married Mary (--?--), , on 20 February 1855 at Randolph Co., Georgia.³ Charles died in September 1863 at Terrell Co., Georgia.⁴
     Charles's occupation: Farmer.
Biography of Charles R. Kelly:

Charles R. Kelly was born in Delaware as has been stated on several census records. His father is Daniel C. Kelly (c1755-c1838), last of Newton Co., Georgia. This relationship is based in part on Daniel and Charles being in Green Co. Georgia in the period 1801 to 1809 and later being in Newton Co Georgia living on adjacent property during 1824 to 1838, as well as, family oral history. (It is suggested the reader read the genealogy information on Charles's father, Daniel C. Kelly (c1755-a1838) for more information on Daniel and his family.)

     The earliest records we have found on Charles R. Kelly is his marriage to Betsy Wiley recorded 17 October 1810 in Greene Co. Georgia. Charles Kelly appears on tax lists in 1804 in Jackson Co. Georgia and in 1809 in Greene Co., Georgia. The 1809 entry is likely that of Charles R. Kelly. There is no certainty of the 1804 entry being this Charles.

     In the 1820 Census of Walton County, Georgia, Charles Kelly is listed as head of household. He has 5 males under 10 in his household. These are undoubtedly George, Ezekiel, Charles R. Jr., Noah and James. There are no young females so all his daughters were born after 1820. Three females are added to the family in the 1830 Census of Newton Co., Georgia. These are undoubtedly Frances, Sarah and Elizabeth.

The following genealogy was dictated by James Homer Kelly to Birdie Love Kelly around 1956: [Supplied by Laura Jefferson Platter]

     "Great grandfather Charles Kelly had 3 brothers: Reuben went to Atlanta in early days. John and James - unknown. Charles' children were George Wiley (our grandfather), Ezekiel, Charles, James and Noah ( 5) and 3 girls - one married Mark Rigel (club-footed) innovator Ga ratchet plow stock. One married David Powell, and one married Taylor Scott (George Scott's father) but she died early and he married grandfather Kelly's daughter Puss." [Ed. note: George Scott's father was Samuel C. Scott and his grandfather was Taylor Scott. Elizabeth Kelly married Samuel C. Scott who was indeed George Scott's father. After the death of Elizabeth Kelly, Samuel C. Scott married Rebecca Kelly, daughter of George W. Kelly.]

     "Grandfather George Wiley (born 1811) married a Smith on the Yellow river in North Georgia and took the money that grandmother "heired" from the lease of 2 negro wenches, came to Dawson and bought 490 acres land." [Ed. note: The Smith was Harriet Smith.]

     "Charles A., Ezekiel, John R (who was named for John and Reuben) and James (Boog) were from this union. Mary married Joe Chambliss, had 4 children - he went to the Army, never returned and she later married his brother Jim."

     "Amanda married Harris Melton."

     "My father, John R. married Cornelia Kitchens."

     "O. T. Kelly (Oct 30 1869)"

     "Lilly Apr 1873 married Jim Carlton"

     "John Wiley May 1875 named for grandfathers John Kitchens and Wiley Kelly."

     "James Homer Dec 17, 1878"

     "C. P. Dec 30, 1881. died without issue - named for friend Patrick O'Keefe"

     "Susie 1883 married Tom Weaver"

     "R. O. Apr 14, 1885 married Naomi Clark"

     End of Dictation.

     On 20 February 1855, Charles married Mary ( ), the widow of his neighbor James Penny. They appear to have had one child by that marriage, Lucinda, born 1857. Lucinda is not mentioned in his April, 1857 Will. She likely was not born when the Will was prepared or perhaps she was not his daughter and purposely left out of the Will.

     Charles R. Kelly died about September, 1863 near the end of the Civil War based on the date his Will was recorded. His Will dated 7 April 1857 left his estate to his wife, Mary and his seven children. He left his slaves to his grandchildren, however, by the time he died his slaves had been emancipated. He did own about 600 acres of prime land to the west of Dawson. That land eventually was sold and the estate settled. Only seven children were named in his Will. They were George W. Kelly, Ezekiel B. Kelly, Charles R. Kelly, Noah W. Kelly, James G. Kelly, Frances S. Rigel and Sarah C. Powell. Elizabeth, who had married Samuel Scott in 1848 appeared to have died about 1852 and was not mentioned in the will. His Last Will and Testament as found in the Terrell County Courthouse is shown below:

CHARLES R. KELLY LAST WILL & TEST.

State of Georgia
County of Terrell

In the name of God, Amen.

I, Charles R. Kelly, Sr.,, of said state and county,, being of advanced age, and knowing that I must shortly depart this life deem it right and proper both as regards my family and myself that I should make disposition of the property with which kind providence has blessed me, do therefore make this my last Will and Testament, hereby revoking all others heretofore made by me.

Item First

I desire and direct that my body be buried in a decent and Christian like manner suitable to my conditions in life, my soul I trust, shall return to rest with God who gave it.

Item 2nd

I desire and direct that all my just debts be paid without delay my Executor hereinafter appointed as I am unwilling my creditors should be delayed in their rights.

Item 3rd

I give bequeath and devise to my beloved wife, Mary, fractional lot Number Two Hundred Ten in the fourth District of Terrell County, containing Ninety Acres, more or less with all the rights, members, and appurtenance thereunto belonging, I also give and bequeath to my wife, One Hundred and fifty dollars in money and provisions sufficient to support her for twelve months also farming tools for one hand to use.

Item 4th

I give and bequeath to James G. Kelly, Frances Rigel and Sarah Powell, each One Hundred dollars extra of an equal share with my other children, as the other heirs that amount given to them-heretofore in horses,, etc.

Item 5th

I give and bequeath to all my children as follows to wit: I desire that all my lands, to wit: Lot number Two Hundred and forty-Five,, Two Hundred and Twelve, and Two Hundred and Eleven in the Fourth District of Terrell County, containing Two Hundred Two and a half acres each be, by my Executor sold and the money equally divided amongst all my children, to wit: George W. Kelly, Ezekiel B. Kelly, James G. Kelly, Frances S. Rigel and Sarah C. Powell.

Item 6th

I Desire and bequeath that all my other property except my negroes, be disposed of and divided in the same way pointed out and devised in the fifth item.

Item 7th

I desire and bequeath that all my negroes that I may be possessed of at my death be put into seven lots as near equal as can be, and if lots are not of equal value to be made so by those drawing the valuablest lot paying to those of less value so as to make them all equal.

Item 8th

I give and bequeath all my negro property as above named in the 7th item to my Grand Children as, follows: To George W. Kelly's children, I give one seventh part of my Negroes, or one lot as above mentioned free from any, debt or judgements against George W. Kelly. Also I desire that Ezekiel B. Kelly's children have also one seventh part of my Negro property as above named from any debts or judgements against said Ezekiel Kelly. Also I give and bequeath to Charles R. Kelly's children one seventh part of my Negro Property as above named free from any debt of judgement against said Charles R. Kelly. I also give and bequeath to Noah W. Kelly's children one seventh part of my Negro Property free from debt or, judgement against said Noah W. Kelly. I also give and bequeath to James G. Kelly's children one seventh part of my Negro Property free from any judgement or debt against said J. G. Kelly. I also give and bequeath to my daughter, Frances S. Rigel's children one seventh part of my Negro Property, free from any debt or judgement against her husband or herself. I also .give and bequeath to my daughter Sarah C. Powell's children one seventh part of my Negro Property free from any debt or judgement against her husband.

Item 9th

I desire that all my children act as Guardian for their children.

Item 10th

I hereby constitute and appoint my son, Chas. R. Kelly, Executor to this my last Will and Testament.

This April 7th, 1857.

Signed, sealed, delivered and-published by Charles R. Kelly, Sr.,, in the presence of us the subscribers as his last Will and Testament who subscribe our names hereto in the presence of said testator at his special instance and request and of each other.

This April 7, 1857.

Charles R. Kelly (L.S.)

James W. Devreaux     Calvin Register
Randal Yarbrough, J.P.     Samuel Denton J.I.C.





Georgia     Court of Ordinary
Terrell County     September Term 1863

The Last Will and Testament bring forward., in open Court for Probate, by the Executor, Charles R. Kelly Jr. who has filed his partition to honor (?) the same -and two of the. witnesses to said Will, to wit: Samuel Denton and Randal Yarbrough knowing subscribed the following affidavit and -- -- on said Will. September Term 1863 of Terrell Court of Ordinary. Came in open court. at this regular term of the Court. Samuel Denton and Randal Yarbrough and being duly sworn before they seen Charles R., Kelly Sen. sign and publish this within as his last will and testament, while -of sound and disposing mind, that they witnessed the same -for him at -his request and in his presence and of such other and that the same was executed Voluntarily by him on this day is proposed to have been executed.

Sworn to and subscribed before me in open court this 14th day of September 1863.

Ludwell M. Lennard     Samuel Denton

Ordinary     Randal Yarbrough



Georgia     Court of Ordinary
Terrell County     September Term 1863

And now at a regular term of said Court the Executor named in the Will of Charles R. Kelly Sr. Coming and praying the admission to record of said Kelly's will inform (?) the probate taken at this court and Charles R. Kelly Jr., the executor named in said Will sworn to the court that the next of kin of said testate have all been notified of his intention to apply at this term of the Court for admission to record of said will and no objection having been offered by them and ordered that said will be admitted to record as Charles R. Kelly Sr. last will and testament,, and that said Executor has been to qualify on the sworn and affirms owing that letters testimony pray to him.

Ludwell M. Lennard
Ordinary

Georgia     Court of Ordinary
Terrell County     September Term 1863

Appearing before the Court that Charles R. Kelly Jr., and wife of     Executor of Charles R Kelly Sr. now represents to this Court,     that the perishable property of said Estate, consisting of corn fodder, stock cattle and hogs, horses and household and kitchen furniture and other articles are liable to great in its present state and that it
would be in the best interest of all parties concerned and the
Executor C. R. Kelly Jr. now being in Order to sell the same.
It is ordered by the Court that he and his wards is hereby
granted for said Executor to sell said perishable property so
soon as the law will allow and give the usual notice of such
sale and make return promptly to this Court.

Ludwell M. Lennard
     Ordinary


Returns of George W. Kelly appraiser for C. R. Kelly, Executor of Charles R. Kelly Sen. for 1864.

Executive Ord.

By amt- Paid

David B. Powell Voucher No. 1     $3770.80

Mark Rigell     Voucher No. 2     3771.85

Louisa Kelly      Voucher     No.     3     3772.85

James G. Kelly Voucher No. 4     2971.85

E. B. Kelly     Voucher No. 5     3771.85

G. W. Kelly     Voucher No. 6     3771.85

Georgia
Terrell County

Personally appeared before me, George W. Kelly Adj. to C. R. Kelly Jun. Executor of Charles R. Kelly Sen. who being duly sworn deposes and said the above return is correct and

Sworn to and subscribed before me, September 7, 1864.

T. M. Jones, Ordinary.

     Charles was born in 1816 at Georgia.² He was the son of Charles R. Kelly and Elizabeth Wiley. He married Nancy Powell, daughter of Charles Powell and Nancy (--?--), circa 1845 at Terrell Co., Georgia.²
     Charles's occupation: Farmer.
Biography of Charles R. Kelly:

Charles served as a private in the 1st Regiment of Georgia Militia in Capt. Charles Campbell's Company under the regimental command of Colonel Stokes in the Cherokee War. His service record shows he was inducted at Covington, Newton County, Georgia on 12 May 1838 and was discharged at New Echota 23 Jun 1838. He applied for bounty land for service from 1 Apr 1838 to 15 June 1838 on 14 December 1850, but was rejected. Apparantly his service time was insuffient for a land bounty. [Cherokee Indian War Military Service Records and Bounty Land Claims - Files of Charles R. Kelly, Jr. - Bounty Land application # 14843 in custody of the National Archive in Washington, D.C.]

     Clara was born on 14 August 1907 at Dale Co., Alabama.¹ She was the daughter of Madison Ezekiel Bishop Kelly and Lula Catherine Lunceford. She married Lon Woodham, , on 22 April 1933 at Dale Co., Alabama.¹ Clara died on 15 December 1986 at Dale Co., Alabama, at age 79.

     Cletus was born circa 1890 at Alabama. He was the son of Thomas Samuel Noah Kelly and Lula Mae Snell.

     Clifton was born in February 1877 at Terrell Co., Georgia.¹ He was the son of James Henry "Boog" Kelly and Ida L. Cozart. He married Gussie Moody, daughter of W. G. Moody, on 4 January 1903 at Terrell Co., Georgia.²

     Clinton was born on 21 May 1917 at Dale Co., Alabama.¹ He was the son of Madison Ezekiel Bishop Kelly and Lula Catherine Lunceford. He married Doris Chansey, , on 8 March 1941 at Largo, Pinellas Co., Florida.¹ Clinton died on 8 October 1988 at Largo, Pinellas Co., Florida, at age 71. His body was buried at Sylvan Abbe Cemetery, Clearwater, Pinellas Co., Florida.

     Cora was born on 29 November 1879 at Dale Co., Alabama.¹ She was the daughter of James Daniel Kelly and Mary Isabell Hawkins. She married Emeous Aaron Branton, , on 2 December 1899.¹ Cora died on 23 December 1964 at age 85.