James (Kelly) Kelley (1752 - 1837)

Born 23 Jun 1752 in Alves, Moray, Scotland

Ancestors

Husband of Catharine (Stewart) Kelley — married Sep 1783 in Monongalia Co., Virginia (now West Virginia)

Descendants

Died 30 Apr 1837 at age 84 in Green Twp., Clark, Ohio

Problems/Questions Profile managers: Laurie Wentz [send private message] and Debra Kelley [send private message]

Biography

Private James (Kelly) Kelley served with 13th Virginia Regiment (1777), Continental Army during the American Revolution.

James (Kelly) Kelley is a DAR Patriot Ancestor, A064210.

James Kelley, Sr. was born 23 Jun 1752 ^[1] in Alves, Moray, Scotland and baptised 25 Jun 1752 in Alves, Moray, Scotland ^[1]. He died 30 Apr 1837 in Green Twp., Clark, Ohio. He is buried at the Columbia Street Cemetery in Springfield, Clark, Ohio. ^[2]

James Kelley married Catharine Stewart in Sep 1783 in Monongalia County, Virginia (now West Virginia). ^[3]

James and Catharine would become the parents of twelve children: Rachel Driscoll, Joseph Kelley, John Kelley, Samuel Kelley, Thomas Kelley, Nathan Kelley, Mary Milholland, James Kelley Jr., Catherine Kelley, Stewart Kelly, Francis Kelley and Leah Kelley.

James and his brother John came to America in their youth and first settled in Virginia, in the area of Monongalia County, now in West Virginia. Both brothers and families later moved to Fleming County, Kentucky, near Flemingsburg.

1793 -- moved to Fleming Co., Kentucky. 1808 -- moved to Springfield, Oho.grave 1811 -- bought a farm in Green Twp., Ohio.

Military

Rev. War: Enlisted at Monongalia Co., VA in 1776 as a private in Captain's David Scott and George Berry's company of Colonel John Gibson's Virginia regiment.

Served with George Washington at Valley Forge during the Winter of 1777 and 1778.

Assisted in building Fort Pitt and Fort Laurens.

1778 -- Marched from Fort Pitt in Colonel Broadhead's expedition against the Indians up the Allegheny River. 1779 -- Returned to Fort Pitt and was discharged.

Southern Campaign American Revolution Pension Statements & Rosters Pension Application of James Kelly W7969 Transcribed and annotated by C. Leon Harris

The State of Ohio Clark County Ss On this fourth day of October in the year eighteen hundred and thirty two personally appeared before the Court of Common Pleas of Clark County being the October Term of the said Court James Kelly a resident of Green Township in Clark County aforesaid aged seventy and nine being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7, 1832. That he enlisted in the army of the United States in the year 1775 one or two days before Christmas in Monongalia County in the State of Virginia [now WV, formed 6 Nov 1776 from Augusta and Preston Counties] with one John McMahon a Lieutenant in Captain David Scott's company and served in the thirteenth Virginia Regiment of the line under the following officers Uriah Springer was a Second Lieutenant John McMahon first Lieutenant David Scott was captain of the company untill some time in the winter of 1776 when he was wounded by a Rifle ball fired by an Indian and George Berry succeeded him in the office of Captain and continued in command untill in 1779 when the said Kelly was discharged [see endnote] the Regiment to which he belonged was commanded by Col'n. John Gibson who lived in Fort Pitt was an old Indian trader. John Campbell [sic: Richard Campbell] was Lieutenant Colonel of the Regiment he does not recollect the name of the Majore General Samuel Hand [sic: Edward Hand] who lived about seven miles from Fort Pitt was the commanding general he enlisted for three years at the time stated above and he remained at Fort Pitt untill some time 1777 when he went down the [Ohio] River with about (he believes) two thousand troops and built Fort McIntosh [at present Beaver PA] and afterwards in November following he was marched to build Fort Lawrence on the Tuscarawa branch of Muskingum River [sic: Fort Laurens on Tuscarawas River in OH, completed Jan 1779] he remained at the latter place about three months and was marched back to Fort McIntosh and from there to Fort Pitt in 1778 he went up the River to destroy an Indian town on the Allegany [sic: Allegheny] called Cornplanters Town this was called Broadheads Campaign [Col Daniel Brodahead's and Gen John Sullivan's, Aug 1779] Col'n. Broadhead of the 8th Pennsylvania Regiment commanded the expedition he then returned to Fort Pitt and staid a short time and was went to Fort McIntosh then he remained untill the term for which he enlisted expired then he went to Fort Pitt and was discharged by Lieutenant Col'n. Campbell who was then in command Col'n. Gibson being absent. at the time of his enlistment he lived about half a mile from the site of the Town of Morgantown in Monongahela [sic] County in the State of Virginia from which place he was marched down through the Red Stone Country [around present Brownsville in Fayette County PA] to Fort Pitt during his service as already stated he never was in any battle he was in a skirmish with a party of Indians who were descending the river when our troops were on their way to the Indian Town as above stated three Indians were killed and several wounded but none of our men injured the affidavit accompanying this declaration was taken with a view to preserve the evidence of the witness and his is now deceased. He hereby relinquishes every claim whatever to a pension or annuity except the present and he declares that his name is not on the pension roll of any agency in any State He states that he received a written discharge from Lieut. Col'n. Campbell which he did not preserve and does not when or how it was lost. Sworn to and subscribed the day and year aforesaid in open Court James [his X mark] Kelly

The State of Ohio SS' Clark County Personally before me the subscriber one of the associate Judges of the County aforesaid came Charles Botkin who being duly sworn as the law directs - deposeth and saith that some time in the year 1776 being in the service of the United States myself, I became Intimately aquainted with James Kelly who was then Inlisted in the service of the United States in the company commanded by Capt David Scott in the 13th regiment of the Virginia line in which Company I know he served until some sometine in the year 1779 when he was discharged at Pittsburgh. I served in the same company with the said Kelly during the said term. The command of said Company devolving on Capt George Berre he was discharged under him. Sworn to and subscribed before me this 7th day of January 1820. [signed] Charles Botkin

A letter from the Pension Office dated 4 Nov 1847 notes that rolls show that James Kelly enlisted for only 12 months. On 13 Aug 1847 Catherine Kelly, 80, applied for a pension stating that her maiden name was Catherine Stewart, that she was a native of County Tyrone in Ireland, that she married James Kelly in Sep 1783, and that he died 30 Apr 1837. With her application she submitted a family record, which James Kelly, Jr. certified as being that of his father, and which is transcribed below. Other documents state that shortly after James Kelly settled in Clark County, his oldest daughter, then Mrs. Kirkpatrick, moved there with her husband and several children.

Rachel Kelly was born Aug 4th 1784 Joseph Kelly was born Dec 23rd 1785 John Kelly was born March 3rd 1789 Sam'l Kelly was born March 3rd 1791 Thos Kelly was born Aug 1st 1792 Nathan Kelly was born May 12th 1794 Mary Kelly was born March 24th 1796 James Kelly was orn Jany 15th 1798 Catharine Kelly was born June 7th 1799 Steward Kelly was born June 13th 1801 Francis Kelly was born May 12th 1803 Leah Kelly was born Jany 7th 1806

Will

Will of James Kelley ^[4]

I James Kelley Sen. of the County of Clark in the state of Ohio being in good health and having my ordinary strength of body and mind considering the great uncertainty of life with a person of my advanced age do make ordain and publish the following as my last will and testament that is to say

- Item- It is my will and I hereby direct that all my just debts and my funeral expenses be paid by my executors out of my personal estate if the ---- be sufficient and if not sufficient then out of the rents and profits of my real estate.

-Item- It is my will and I do hereby give and bequeath and devise unto my beloved wife Catharine should she survive me the possession and use of all my real estate being the farm on which I now live and the like possession and use of all the personal property I may own at my death over and above what may be necessary for the payment of my debts and funeral expenses to use and enjoy the said real and personal estate for her support and maintainance (sic) during the term of her natural life and the provision hereby made is to be in lieu of dower and of all and every other claim on my estate.

-Item- Having made provision for some of my children namely Rachel Driscoll (sic), May Milholland (sic), John Kelley, Thomas Kelley, Joseph Kelley, Nathan Kelley, and Steward Kelly at the setting out in life for themselves and since means and oppurtunity (sic) served, which provision in actution (sic) to each and all of them I consider fully equal to their share of my estate and more than I am now able to do for my other children. It is therefore my will that I direct that the above named children and their representatives shall none of them take any part of such estate as I may have at my death whether such estate be real or personal or of any other description.

-Item- I give, devise and bequeath unto my daughter Catharine the sum of one hundred and fifty dollars to be paid to her by her brothers as herein after directed and also one bed and bedding, one bureau and one cow- the three last named articles to be deliverd (sic) to her upon the death of my wife or upon her marriage which ever event shall first happen.

-Item- I do hereby give, bequeath and devise unto my son Samuel forty acres of land being part of the north west quarter of section number thirty of township number five of range number eight between the Miami rivers being the same quarter section of land on which I now live the said forty acres of land to be taken off of the north side of the said quarter section by a line to run east and west parallell (sic) with the north line of the said quarter section the said forty acres of land to be owned by and held by the said Samuel Kelley and his heirs and assigns forever after the payment by the said Samuel of the sum of thirty dollars-that is to say fifteen dollars to my daughter Catharine and fifteen dollars to my daughter Leah and if the said Samuel should fail to pay the above mentioned sum of money on either of them then and in such case it is my will that the said forty acres of land shall go to and out in the said Catharine and Leah or whichsoever of the two shall remain unpaid and their heirs and assigns forever.

-Item-I do hereby give bequeath and devise unto my son Francis Kelley fifty acres of land being part of the same north West quarter of section number thirty of township number five of range number eight between the Miami Rivers-the said fifty acres of land to be taken off of the south side of said quarter section by a line to be run East and West parallel with the south line of the said quarter section and be owned and held by the said Francis Kelley his heirs and assigns in fee simple upon the payment by the said Francis of the sum of one hundred and thirty five dollars within six months after the death of myself and my wife or the surviving of us in manner following that is to say unto my daughter Catharine the sum of sixty seven dollars and fifty cents and unto my daughter Leah the sum of sixty seven dollars and fifty cents and if the said Francis shall fail to make the said payment on either of them the amount thus unpaid shall operate as a charge and lien upon the said fifty acres of land.

-Item-I do hereby give bequeath and devise unto my son James Kelley jun. all the rest and residue of said north west quarter of section number thirty of township number five of range eight between the Miami Rivers not herein and hereby devised to Samuel and Francis to be owned and held by the said James Kelly jun. and his heirs and assigns in fee simple upon the payment by the said James of the sum of one hundred and thirty five dollars within six months after the death of myself and my wife or the survivor of us in manner following-that is to say unto my daughter Catharine the sum of sixty seven dollars and fifty cents and unto my daughter Leah the sum of sixty seven dollars and fifty cents and if the said James shall fail to make said payments on either of them the amount then unpaid shall operate as a charge and lein upon the said fifty acres of land.

-Item-I give bequeath and devise unto my said son James Kelley Jun. one bed and bedding, one clock, one cupboard, the waggon, the ploughs, and all the other farming tools and utensils that I own at my death.

-Item- It is my will and I hereby give, devise and bequeath and direct that all the rest and residue of all my personal property not herein specifically disposed of be sold and the proceeds thereof be equally divided between my four children Francis Kelley, James Kelley Jun., Catharine Kelley and Leah Kelley share and share alike.

-Item- It is my will and I do hereby direct that in the event of the death of any one or more of my children Samuel, Francis, James, Catharine and Leah without issue of their bodies that the gift legacy or devise in this will contained in favor of the child or children so dying without issue shall go to and rest in the survivor or survivors of the said Samuel, Francis, James, Catharine and Leah and I do hereby bequeath and devise such portion as is given in this will to any who shall die without issue as aforesaid to the survivors or survivor of the said Samuel, Francis, James, Catharine and Leah to be equally divided between the survivors share and share alike to them and their heirs and assigns forever.

And lastly I do hereby ordain constitute and appoint my sons James Kelley Jun. and Francis Kelley the executors of this my last will and testament.

Dated 29 March 1852

Signed, sealed and acknowleged by the testator as his last will and testament and at his request we have signed as witness:

C. Anthony Jacob M. Kizer

James Kelley X his mark

Research Notes

Parents

In researching the parents of James Kelley, I looked at Baptismal and Birth Records for Scotland using the database Scotland, Select Births and Baptisms, 1564-1950 at both Ancestry.com and FamilySearch.org. The following records were found.

1. James Kelly - baptism date 14 June 1754 in Campbelltown, Argyll, Scotland, parents: Peter, Agnes {Peter Kelly and Agnes Dunlop had the following children listed in the Scotland birth and baptism records: James (1754), Agnes (1756), Robert (1759), Hugh (1760), Archibald (1767), Margaret (1767).}

2. James Kellie - birth date 23 June 1752, baptism date 25 June 1752 in Alves, Moray, Scotland, parents David, Margt. {David Kelly and Margaret Royan had the following children listed in the Scotland birth and baptism records: Jean (1743), John (1746), Elizabeth (1748), David (1750), James (1752), Margaret (1754), Alexander (1756), Jasper (1758), Mary (1761)}

3. James Kello - birth 26 Dec 1753, baptism date 6 Jan 1754 in Carnwath, Lanark, Scotland, parents James, Agnes

4. James Kellie - baptism date 15 Nov 1750 in Premnay, Aberdeen, Scotland, parents Alexr, Margt.

5. James Callie - christening date 22 Nov 1751 in Old Luce, Wigtownshire, Scotland, parents Alexander Callie, Margaret McGuffog

6. Kelly - Christening date 23 Oct 1752 in Saint Cuthburts, Edinburg, Edinburghshire, Scotland, parents John Kelly, Janet Dudgeon {John Kelly and Janet Dudgeon had the following children listed in the Scotland birth and baptism records: James (1741), Allexander (1743), Janet (1745), John (1746), Ann (1748), Unnamed (1752), Janet (1755). The surname is also seen as Kello in the records.}

7. Kelly - Christening date 13 August 1751 in Saint Cuthburts, Edinburg, Edinburghshire, Scotland, parents John Kelly, Marjory Morrison {This child's first name is William.}

Sources

1. ↑ ^{1.0 1.1} "Scotland, Births and Baptisms, 1564-1950," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:X16W-G9T : accessed 7 October 2015), David Kellie in entry for James Kellie, 23 Jun 1752; citing , reference ; FHL microfilm 990,986.
2. ↑ Find a Grave, database and images (https://www.findagrave.com/memorial/6056013/james-kelley : accessed 13 June 2022), memorial page for James Kelley (25 Jun 1752–30 Apr 1837), Find A Grave: Memorial #6056013, citing Columbia Street Cemetery, Springfield, Clark County, Ohio, USA ; Maintained by Robert (contributor 46505507) .
3. ↑ American Revolution Pension Application S*W7969 http://revwarapps.org/w7969.pdf
4. ↑ Probate Record for James Kelley, Clark Co., OH from FHL #0466666 Clark County, Ohio Probate Court Wills 1819 - 1855

• Daughters of the American Revolution, DAR Genealogical Research Databases, database online, (http://www.dar.org/ : accessed October 27, 2018), "Record of James Kelly", Ancestor # A064210.