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This was sent to me and I thought it may help others. It is the will of Hardy Lilly in 1822 and his son David Lilly's will.
A. David A. Powers 1827/30 - 1911 m.1) Susan Lilly apx 1844 2) m Eliza M. Fortune White widow of George W White ( d /o Jesse Fortune VA, Johnson Cty and Boyd Cty, KY) 1878 in Floyd KY. . Susan was the daughter of David Lilly and Lucretia Phelps Lilly of Washington VA. Hardy Lilly of NC was the Patriarch of this Lilly Family. The marriage is confirmed by the will of David Lilly in 1872 WCV.
Note: Hardin/Hardy Lilly is listed on “The Roster of Solders from North Carolina in the American Revolution”, Durham NC USA. “The North Carolina Daughters of the American Revolution” 1932.
Hardin Lilly was #463 in the Newbern District of Onslow County. Page 217.
May 8, 1822 Will of Hardin Lilley Washington County, VA
In the name of God Amen. I Hardin Lilly of Washington County & State of Virginia being feeble in body but o f perfect mind & memory do make & ordain this my last will and testament that is to say I give & bequeath to my beloved wife Eady all my personal property during the time of her natural life that is to say all my goods chatles & household & kitchen furniture all of which property sh may choose to keep during the time of her natural life except a part of which property is to be sold by my executors as soon as convenient after my decease it is all my will that out of the proceeds of such sales my executors shall pay my debts if any I may owe & out of the balance of such sales it is my will that my executors shall pay to my three daughters twenty dollars each.
Furthermore I give and bequeath to my son David Lilly the plantation whereon I now reside with all its appurtenances & tenements to have & to hold the same forever for the sum of one hundred dollars to me in hand paid for which land I have made him a deed but the possession of said land I intend to hold during our life time.
It is also my will that my Grandson Bird Lilley shall have that tract of land called the upper place with all its appurtenances & tenements to have and to hold the same forever which I have given him for the sum of one hundred twenty dollars which payment has well & truly been made by said Lilley & for which land I have made him a deed. The title of which land is to remain in the possession of my wife until her death and it is also my will that my grandson, Bird Lilley shall have a young mare three years old this spring called the grey mare.
Lastly I constitue & make my son David Lilly & any friend Abram Nordyke the joint Executors of this my last will & testament. In Witness whereof I have hereunto set my hand & seal this 8th day of May 1822.
Signed Sealed & published by me Hardin Lilley as my last Will & Testament in the presence of us William Cunningham, John Mills, Martin Phelps.
Hardin (X) Lilley
At a court held for Washington County the 16th of July 1822.
The last Will and Testament of Hardin Lilley dec. Was exhibited in court & proved by the oath of William Cunningham, John Mills & Martin Phelps the subscribing witnesses there to and ordered to be recorded.
And on the motion of David Lilley and Abraham Nordyke the Ececutors therein named who took the oath of an executor prescribed by law & entered into & acknowledged their bond in the sum of five hundred dollars with David Grant & William Mills their securities conditioned as the law directs. A Certificate is there granted them for the probate of the said Will in due form.
Teste
Jacob-Lynch
Will of David Lilly . Will Book 17 Washington County, VA Page 480 and 481.
September the 19th 1866
My Last Will and Testament.
I will that my rael estate and personal property should be disposed of as follows.
First, I will that my Hardy have all of my Land, on the South side of the Clinch Mountain Joining the Phelps cove, To have and to Hold for his own.
Second, I will that my Henry have the Land joining his Land that I sold to him as low down as the cross fence from his lines from one side to the other side of his line to Have and to Hold his own.
Third, I will thay my wife have all the rest of my Land with all of its appertances and with all of my house hold and kitchen furniture and all of my horses and cattle, Hogs, and sheep and all of my Farming utencills to Have and to Hold her life time and then I will that my David have it all and I will that David pay all of my Debts and all of the above named Articles then I will that David have , his own to Have and to Hold forever with the following & options to wit:
I will that my William have so much of the property or the value as will make to him Fifty Dollars.
I will that my Joel have so much of the property as will make to him Fifty Dollars.
And I will that Susan Powers decdt have to the benefit of his several heirs what will make to them Twenty Dollars.
The remainder of all of my property with my Land I will my David To Have.
This is my last Will and Testament, Amen
His
David (X) Lilly
Mark
Test William Todd
Test William Combs
At a court continued and held for Washington County on the 2tth day of May 1870.
The last Will and Testament of David Lilly deceased, was presented in court and proved by the oath of William Combs one of the subscribing witnesses there to, and by Jas. Wm Phelps that the signature of William Todd, the other subscribing witnesss thereto, is verily believed by him to be the genuine signature of the said Todd he being well acquainted with his hand writing; which is ordered to be recorded.
Teste Leonidas Bough
Chancery note inscriptions from Jack Hockett to Kenneth Kestner. This one is of interest and proves Susan is the daughter of David Lilly:
WCV CHANCERY CAUSES NOTES BEGINNING WITH REEL 189 (through Reel 240):1888: Abram Lilly vs C. A. Nunley: Names: LILLY, NUNLEY, POWERS, PRICE, FORAN, PENDLETON, DUNCAN, KESTNER, MILLER, PATRICK, HUTTON, CLARK: …complainant, Abraham Lilly… admr. of Hardy Lilly… that David Lilly departed this life sometime in the winter of 1876-77 unmarried, intestate and without issue, his distributees his brothers and sister, Hardy Lilly, now deceased, Wm. Lilly, Joel Lilly, Henry Lilly & Susan Powers… in his lifetime he sold to Osburn Nunly, now deceased, 2 tracts of land in little moccasin Gap… that sd. Osborn Nunley departed this life in year 1887 and left heirs… his wife, Sarah Nunley, now dead and his children, Chas. R. Nunley, Jno. W. Nunley, Geo. W. Nunley, Henry C. Nunley, David G. Nunley, Thos. J. Nunley, Hardy M. Nunley and Maria D. Nunley; last 6 are infants under 21…
Children of David Lilly and Lucretia Phelps were: Bird Lilly married Sarah Unknown died 1870 in Kentucky. Susan Lilly m. David A Powers, William Lilly m Mary Catherine Scott, Hardy Lilly married Mary Hall (Abrahm Lilly was their son), Joel Lilly m Elizabeth Nunley, John Henry Lilly m Emaretta Kestner, David Lilly born apx 1838 (Never married).
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