Person:Jacob Nicely (2)

Advisory on Two Jacob Knicely's

There were two different Jacob Knicely's (Nicely) that both died around 1836 in Virginia. This Jacob Knicely died and left his will in Alleghany County, Virginia. The other Jacob Nicely died and left his will in Rockingham County, Virginia. Some researchers have confused these two Jacobs.

Will of Jacob Nicely

JACOB NICELY'S WILL, Will book I page 318:

In the name of God, Amen. I, Jacob Nicely of the county of Alleghany and state of Virginia, do hereby make and ordain this writing to be my last will and testament in manner and form hereafter mentioned.

To Wit: I do hereby direct that the executors of this my last will to be hereafter named, shall pay off all my just debts, my funeral expenses first.

I give and bequeath to my wife Elizabeth all the personal property of every land, that she brought with her, when I married her, and in addition to that, I give her one good cow out of my flock, to have her choice, two breeding sows, her choice and also the first colt that may be produced out of my big mare June-and ten sheep, her choice, and my lave, and one acorn bed stead, to have and to hold this same, to her and her heirs forever.

And I also give her the use of the loom during her fife, or so long as she may remain on the premises she now occupies. And whereas at the time I traded the land on the Simpsons Creek with Jordan & Irvine for the plantation on which I now dwell, to effect that exchange, I then and then agreed with my wife Elizabeth, to give her one hundred acres of land off the lower end of my plantation, to her and her heirs forever, as a 6A compensation for her one third part in my estate; which one hundred acres of land so agreed on, I have conveyed to her and her heirs in fee simple forever, and which it is my intention shall be in full of her third part in my landed estate. I also give to her during her fife or so long as she may choose to occupy it the use of my dwelling house, with one acre of ground attached thereto for a garden and yard, to enjoy the use of the same during her natural fife, or so long as she may occupy it but with the understanding, that she is not at liberty to rent it out so as to be occupied by others. I also give her during her fife under the same restriction the orchard field including a stable that is thereon supposed to contain about four acres. I also give her the use of my springs, and spring house during her fife, under the same restrictions and also a sufficiency of fire wood during her life, but no rail timber.

I do hereby direct my executors to be hereafter named as soon as it may be convenient after my decease, to make sale of all my personal estate and property of every kind, on such time and terms as may best promote the interest of the legatees to be hereafter named. And out of the proceeds of such sale, to pay my sons, George Nicely, Michael Nicely, Jacob Nicely, James Brads and Barbara his wife and John Nicely the sum of one hundred dollars each,

To Charles Armountrout and Elizabeth his wife the sum of fifty dollars.

To Leonard Hart and his wife, Mary twenty dollars.

To Henry Nicely and Anne his wife, thirty dollars.

To Jacob Nicely who married my Granddaughter Elizabeth Armountrout the sum of fifty dollars.

To George Hart my grandson who married Caroline Lowry the sum of eighty dollars. To John Circle ten dollars. To my grand child the offspring of John Circle and my daughter Rebecca, if living at the time of my death thirty dollars.

It is my humbly intention that my just debts, shall first be paid, and then the above legacies, and if my personal property is not sufficient to pay off the above legacies it is my will and intention, that my plantation shall be rented out from year to year, during the lifetime of my wife, to raise finds to meet the payment of the above legacies, and should the rents during the said time amount to more than will pay off the above legacies, its then my intention that the proceeds shall be divided between the above legatees agreeable to the above order of things.

After the decease of my wife, I do hereby direct my executors to sell my plantation for the best price that can be had for the same, on such times as will best promote the interest of the parties concerned, to be hereafter named, and after deducting from the amount of the sale all legal charges for carrying the same into effect, out of the neat proceeds to pay to the child of John Circle and my daughter Rebecca, if alive at the time of my death, the sum of thirty dollars, and the balance of the neat proceeds fo my plantation is to be equally divided between Charles Armentrout and Elizabeth his wife, Jacob Nicely, my grandson George Hart who married Caroline Lowry, James Brads and Barbara his wife, Anne Nicely, wife of Henry Nicely, Michael Nicely, George Nicely, and John Nicely, and whereas it is my intention that my daughter Anne Nicely shall have the whole benefit of the above legacy, It is my will and desire, that my executors shall have power and authority in distributing this legacy.

To the end that my will and intention on this subject may be more properly carried into effect, I do hereby vest power and authority in my executors to act on this subject as to them may seem prudent and discreet And lastly I do hereby appoint my friends Col. John Jordan and Hugh Irvine to be the executors of this my last will and testament.

In witness whereof I have here unto set my hand and caused my seal to be affixed tins fifth day of February one thousand eight hundred and thirty three.

(signed) Jacob Knicely

Done in present of: John Armstrong, Joseph Armstrong, Selina A Irvine

The will was presented for probate the May term, 1836

Information on Jacob Nicely

From Genforum.com post:

Re: Parents of Jacob Nicely b 1754 Posted by: Linda Crockett York Date: November 14, 2001 at 07:25:35 In Reply to: Parents of Jacob Nicely b 1754 by Donna Skipper Pultz of 261

I have Jacob Nicely Sr. b. bet.1754-1756 d. 1836. m. Margaret Downey b. 1758 d. 1796. Jacob parents where John George Kniceley/Kniseley b. 1737 d. 1804 m. Magdalena Krousin. His siblings where:Catherine,Elizabeth,Magdeline,Margaretha, John b.1760, Henry b.1780, David b.1792 (??)

John George Kniceley/kniseley parents where Anthony Kniessel/Kniseley b.bet. 1695-1699 d.1778 m. Anna Barbara Doerr

To the best of my knowledge and with the help of a lot of other researchers.Checking census information and determing the migration patterns of a lot of different family lines. I believe that the will that Donna post was the will of Jacob Jack Nicely Sr. b.1756 d.1836 Allagany Co,VA.He was the son of John George Kniceley b.Dec 17,1737 and Magdalena Krousin.Jacob also had a son Jacob Nicely b.1778 The other Jacob Squires Kniceley/Nicely b.1781 was the son of Anthony A. Kniceley the III b.Dec 10,1740.Lancaster Co,PA he d.March 14,1799 Pendleton Co,VA The two Jacob are first cousins... This family started out in Lancaster Co,Pennsylvania with the 1st Anthony Kneissley/Knussli b.1657 d.1733 Anthony Kneisley the II b.1695 moved to Woodstock,Shenandoah Co,Va. Anthony Kniceley the III also lived in the Shenandoah Valley.Anthony Kniceley the IV b.1775 moved to Rockingham. John George Kniceley family migrated to the Allagany Co,area of Viginia. The two brother Anthony Kniceley and John George Kniceley also had a brother named Jacob Kniceley b.1743 he d.March 1, 1830 in Pike county Ohio.

Source: http://genforum.com/va/alleghany/messages/117.html

Sources

http://familytreemaker.genealogy.com/users/n/i/c/Dwayne-Larry-Nicely-MI/GENE3-0014.html#CHILD65