In the Name of God Amen. I Richard Kelly of Almsbury in the County of Essex and Province of the Massachusetts Bay Yeoman, Do ordain and make this my last Will and Testament, humbly committing my Soul into the everlasting of God Almighty my heavenly Father, and my Body unto the Earth to be buried by my Executor hereafter named in hopes of a joyful Resurrection at the last Day by my Lord and Saviour Jesus Christ: And as touching that worldly Estate wherewith it hath pleased God to bless me with in this Life I give and dispose of in the following Manner & Form

And first my Will is that my just Debts and funeral Charges be dully paid and discharged by my Executor hereafter named out of my personal Estate in convenient Time after my Decease
2ly I give & bequeath unto my wife Hannah Kelly over & above what the Law gives her out of my real Estate two thirds of all my Houshold Goods which I shall not particularly mention and give to others, and I give my said Wife one third Part of all my Provision that I shall leave for Man & Beast at my Decease and one third Part of the Crop of Grain that may be growing on my Land at my Decease by my own Improvement, and I give her one Cow at her Choice and four sheep and one swine, and I give my said Wife my Loom & Weaving Gears.
3ly I give & bequeath unto my four Daughters and to their Heirs twenty Pounds apiece, viz. to Hannah Heath Wife of Bart Heath twenty Pounds, to Elizabeth Sawyer wife of John Sawyer twenty Pounds, to Mercy Moulton Wife of William Moulton twenty Pounds, to Judith Sawyer Wife of Joseph Sawyer twenty Pounds all which is to be paid to them in one year after my Wives Decease, and also I give my four abovesaid Daughters the other third Part of my Houshold Goods which are not particularly mentioned, the above said Legacies to be paid by my two sons, viz. my son John Kelly to pay Hannah & Elizabeth, and Stephen to pay Mercy & Judith & I give my Daughter Mercy my silver Cip
4ly I give unto my grandson Richard Kelly the son of my son John Kelly my pine Chest and my silver spoon mark'd R.K. and I give my said grandson my Irish Oak Chest after my Wives Decease
5ly I give & bequeath unto my son John Kelly and to his Heirs and assigns forever twenty acres of Land on the wester Side of Way where I now live which I bought of Joseph Dow with the Buildings thereon and ten Acres which I bought of Thomas Clarke at the Southerly End of said Land, and also about six acres of Land on the Easterly side of the Way bounded as followeth, viz: beginning at the Corner of Wells Chase's Land on the high Way going from Burchen Meadow to the Country Road & so running about North on said Way twenty two Rods, and running on said Chase's Land about East forty three Rods and an half and two feet & then running the same course as on the highway twenty two Rods and then on a strait Line to the twenty two Rods on the said high Way; And also forty one acres in Newton in Newhampshire which I bought of Robert Peaslee, the Southerly side of sd. Land adjoining to George Hadley late dec.d and Moses Ordway & one half of my Thatch Banks in Newbury
6ly I give & bequeath unto my son Stephen Kelly and to his Heirs and assigns forever all the Remainder of my Homestead Living where I now dwell with all the Buildings thereon and two acres and one hundred and forty nine Rods of Land that I bought of Thomas Clarke bounded as followeth viz, beginning at the North or Northwest Corner of said Land and so running on the great Road commonly known by the Name of Kingston Road about so East within twenty Feet of the other Bound of s.d Land adjoining the Widow Clark's Land and from thence running across said Land as to make the Compleat of two Acres and one hundred and forty nine Rods as abovesaid; and also thirty nine Acres of Land in Newton in New Hampshire which is the Remainder of the Land which I bought of Robert Peaslee; and also one half of my Thatch Banks in Newbury, and I give my son Stephen my silver Spoon marked with S.K.
7ly I do hereby constitue and appoint my two Sons John Kelly and Stephen Kelly to be the sole Executors of this my Will and Testament, to receive all my Debts, and to pay all my Debts and funeral Charges and all the Legacies herein mentioned & perfixt, and also I give my two Sons John Kelly and Stephen Kelly my large Iron Kettle, and all my other Estate both real and personal of what Name or Nature soever that is not herein mentioned to be equally divided between them - and I the said Richard Kelly do by these Presents make void all other Wills formerly by me made & do ratify and confirm this and this only to be my last Will and Testament, In Confirmation whereof I have hereunto set my hand and Seal this twentieth Day of July in the ninth Year of his Majesty's Reign Annoque Domini 1769

Signed, sealed, published & pronounced & declared by the abovesaid Richard Kelly to be his last Will & Testament in Presence of us Witnesses

Amasa Sargent
Moses Sargent
Ebenezer Sargent

[signed] Richard Kelly (seal)

To all People to whom these Presents shall come, Benjamin Lynde Esqr. [seal] Judge of the Probate of Wills, &c. in the County of Essex within the Province of the Massachusetts Bay, in New-England sendeth Greeting - Know ye, That on the twenty fifth Day of October Anno Domini 1774 the Instrument hereunto annexed (purporting the last Will and Testament of Richard Kelly late of Almsbury in said County of Essex Yeoman decd.) was presented for Probate by John Kelly & Stephen Kelly the Executors therein named, then present Amasa Sargent & Ebenezer Sargent two of the Witnesses thereto subscribed who made Oath, that they saw the sd. Testator sign, seal & heard him declare the said Instrument to be his last Will and Testament, and that they the said Amasa & Ebenezer with Moses Sargent subscribed their Names together as Witnesses to the Execution there in the sd. Testator's Presence, & that he was then (to the best of their Judgment) of sound & disposing Mind: I Do prove, approve & allow of the said Instrument as the last Will & Testament of the before named deceased & do commit the Administration thereof in all Matters the same concerning, and of his Estate whereof he died seiz'd & possess'd in said County unto John Kelly & Stephen Kelly the before named Executors well and faithfully to execute the said Will and to administer the Estate of the said deceased according thereto, who accepted of their said Trust, and gave in an Inventory, and they shall render an Account (upon Oath) of their Proceedings, when thereunto lawfully required. In Testimony whereof, I have hereunto set my hand & seal of office, the Day and Year above written.

Benj.a Lynde J. Prob.
Examined p. P. Frye Regr.
Proved 25 Oct 1774

Source: Essex County Probate volume 350, pages 479-483

Submitted by:Fred J. Nicholson