Will of J. C. Kelly
[Will Book 1, pages 311-312 (transcribed by Pam Collier)]
I, J. C. Kelly, Being of sound mind and disposing memory, do make and publish this as my last
will and testament, hereby revoking and making void all others by me at any time made.
I direct that my funeral expenses and all my personal debts be paid as soon after my death as
possible, out of any moneys that I may die possessed of or that may first come into the hands of
I give and bequeath to my beloved wife, Mamie Kelly, seven thousand ($7000.00) dollars, which
is to be paid to her in addition to an insurance policy of $3000.00 now held by me and payable
to her. I have in my hands $4000.00 of her money and am due her that amount, and it is my
intention in this will to have this amount paid, together will the $3000.00 additional so that
the total with the insurance aforesaid will make the amount going to her including said
indebtedness the sum of $10,000.00-
I give and bequeath to my beloved daughter, Louise Cabiness, the sum of five thousand
I give and bequeath to my beloved daughter, Grace Kelly, the sum of five thousand ($5,000.00)
I Give and bequeath to my beloved daughter, Nellie Dorris Kelly, the sum of five thousand
($5,000.00) dollars to be paid at age twenty one or upon her marriage.
I give and bequeath to Edith, Louise and Mildred Kelly, children of my brother J. B. H. Kelly,
$250.00 each to be paid to their mother, Julia Kelly for their use and benefit. And I direct
that $500.00 be paid to F.A. Kelly, Guardian of J.B.H. Kelly, the income of which is to be
paid him during his natural life and at his death, his burial expenses paid and any remaining
to be paid to John Kelly, his son.
I direct that all my interest in the rents of the store building at South Pittsburg, Tennessee,
known as the Kelly Building, (owned by myself, Mattie E. Kelly and others) be paid to Mattie E.
Kelly during her natural life.
I desire that Nellie Dorris Kelly have the benefit of the income on the amount bequeathed to
her and payable at her arrival at age twenty one or her marriage. And to this end I direct that
the Executors pay to her the income from said bequest semi-annually, for her own use and benefit
until the full amount is payable as provided by the fifth paragraph of this will.
I give and bequeath to my beloved wife, Mamie Kelly, during her natural life, or widowhood, the
place where we now reside, in South Pittsburg, Tennessee, and the income derived from the
business of Kelly and Wood Garage at Jasper, Tennessee and the rents from any other real estate
not heretofore disposed of by this will, to be used by her in the maintenance and support of
herself and unmarried children.
In the event of sale of any of the real estate of which I may die seized and possessed, or the
sale of the business of the Kelly and Wood Garage, or my interest in the same, I direct that
the income derived from the proceeds of such sale or sales, together with the income from the
residue of my personal estate, if any, be paid to my wife for the support of herself and
unmarried children during her natural life or widowhood. Upon the death or marriage of my wife,
I direct that all my remaining estate not disposed of by this will, be divided equally between
my three children, Louise Cabiness, Grace Kelly and Nellie Dorris Kelly, share and share alike.
I hereby appoint Mamie L. Kelly and Marion Trust and Banking Co. as my Executors of this my
last will and testament with full powers to sell and convey any real estate or other property,
real, personal or mixed. To use their best judgment in whether my interest in the business at
Jasper, Tennessee, known as Kelly and Wood Garage, shall be sold or kept intact – but if sold
it is my request that my partner, Brown Wood, be given preference in such sale. They will use
their judgment in the sale and disposition of any other property of which I may die seized and
possessed, and not otherwise disposed of by this will.
IN witness whereof, I do to this, my will, set my hand. This 10 day of June 1924.
J. C. Kelly
Signed and published in our presence. A_d[sic- and] we have subscribed our names hereto at the
request of the testator and in his presence and in the presence of each other.
This 10 day of June, 1924.
F. A. Kelly
A. R. Hall.