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Milton Kilby

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Milton Kilby

Birth
Wilkes County, North Carolina, USA
Death
3 Jan 1918 (aged 86)
Ashe County, North Carolina, USA
Burial
Ashe County, North Carolina, USA Add to Map
Memorial ID
View Source
1840 Ashe County, North Carolina census (microfilm):
- Page 32
- Age 5-9, living in household of father Reubin Kilby
--------------------
1850 Grayson County, North Carolina census (microfilm):
- HH # 459, Enumeration District # 19
- Age 18, living with parents
- Born in North Carolina
--------------------
1860 Ashe County, North Carolina census (microfilm):
- HH # 1234
- Surname was "Cilby"
- Given name was "Millan"
- Age 30, married to Hily
- Occupation was farmer
- Value of real estate was $800
- Value of personal estate was $300
- Born in North Carolina
--------------------
Civil War Records of Jeff Weaver at http://members.aol.com/jweaver301/nc/:
- KILBY, MILTON: 30, 1860 AsCC HH#1234. 97th North Carolina Militia. Received medical examination on 10/20/64, diagnosed as suffering from an injury to his right arm. Age 33.
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1870 Ashe County, North Carolina census (microfilm):
- HH # 87, Piney Creek Township
- Age 39, married to Hiley
- Occupation was farmer
- Value of real estate was $1,000
- Value of personal estate was $400
- Born in North Carolina
- Can read, cannot write
--------------------
1880 Ashe County, North Carolina census (microfilm):
- HH # 124, Piney Creek Township
- Age 49, married to Hiley
- Occupation was farmer
- Born in North Carolina, father in North Carolina, mother in North Carolina
--------------------
1900 Ashe County, North Carolina census (abstract):
- Page 685, Walnut Hill Township
- Age 67, married to Hiley for 47 yrs
- Born Oct 1832
- Born in North Carolina
--------------------
1910 Ashe County, North Carolina census (microfilm):
- HH # 74, Walnut Hill Township
- Age 77, married 1st to Hiley for 57 yrs
- Born in North Carolina, father in North Carolina, mother in North Carolina
- Speaks English
- Occupation was farmer, general farm, own account (sch # 65)
- Can read and write
- Owned farm free of mortgage
--------------------
Will published in Ashe County, North Carolina Will Book, page 407-409:
North Carolina
Ashe County
I, Milton Kilby of afore said county and state being of sound mind but considering the uncertainty of my earthly existence do make and declare this my last will and testament.
First: My executor here in after named shall give my body a decent burial and pay all funeral expenses together with all my just debts out of the first moneys c_____ in to his hands which may belong to my estate.
Second: I give and devise to my son W. N. Kilby and his heirs in fee simple the two following described tracts of lands of W. M. Blevins, J. F. Woo, A. O. McNeil and others and bounded as follows: First tract beginning on a dogwooda dn rock north east of Milton Kilby's barn running west go poles to a white oak the olde Milton Kilby corner, then south 98 poles to a white oak then south 100 poles to a ______ then east 64 poles to a stake there to the beginning. Second tract & beginning on a state Milton Kilby's old corner running east with his line 50 poles to a stake then south 30 poles to a stake, then west 100 poles to a stake in deep branch, then north down the meanders of deep creek in agreed line 8 poles to Peter Eller's line, then east 60 poles with the Eller line to Kilby's old line, then south with said old line to the beginning, to have and to hold unto W. N. Kilby in fee simple with all apprenances there unto belonging. My son J. C. Kilby havcing received his portion of my estate.
Third: I give and devise in consideration of article second made to W. N. Kilby that he shall pay to his five sisters at my death two hundred and fifty dollars to be divided between them as follows: To Martha Calloway $50.00, Calla Baldwin $50.00, Amanda Ashley $50.00, Ellen Baldwin $50.00, Charity Abshear $50.00. As afore statue in former deed.
Fourth: I hereby constitute and appong my lawful executor to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause there of hereby revoking and declaring attaints void and other wills and testaments heretofore by me made. In witness where of I the said Milton Kilby, do here unto se my hadn and seal this do of 19
Attest W. J. Robberts Milton XX his mark XX Kilby
Signed, sealed, filed and declared by the said Milton Kilby to be his last will and testament in the presence of ____ at his request and in his presence and in the presence of each other do subscribe our names as witnesses therein
Witness Ira Blevins
Freeman Blevins
This 25 day of Jan, 1916

North Carolina
Ashe County
In the Superior Court a paper purporting to be the last will and testament of Milton Kilby, deceased, is exhibited before me the undersigned Clerk of the Superior Court for said county by W. N. Kilby, devisee therein mentioned and the true executor there of by the said Milton Kilby by the oath and examination of Ira Blevins and Freeman Blevins the subscribing witnesses thereto, who being duly sworn, doth depose said and each for himself depose and saith, that he is a subscribing witness to the paper writing now shown him, purporting to be the last will and testament of Milton Kilby that the said Milton Kilby in the presence of this deposed subscriber his name at the end of said paper writing, which is not shown as afore said and which bears the date of Jan 25, 1916 and this deponent further saith that the said Milton Kilby the testator afore said, did at the time of subscribing his name as afore said declare the said paper writing so subscribed by him and exhibited to be his last will and testament and the deponent did there upon subscribe his name at the end of said will as an existing witness there to and at the request and in the presence of siad testator subscribe his name to the said last will as afore said and at the time of the deponents subscribing his name an exisitng witness thereto, as afore said, the said Milton Kilby was of sound mind and memory of full agato execute a will and was not under any restraint to the knowledge, information or belief of this deponent. And further their deponents say not.
Duly sworn and subscribed this 10 day Jan 1919 S. G. parns C.S.C.
Ira Blevins
Freeman Blevins
North Carolina
Ashe County
In the Superior Court, it is therefore considered and adjudged by the court that the said paper writing sand every part ther of is the last will and testament of Milton Kilby deceased. Let the will together with the probate be recorded and filed this 10 day of jan 1919
S. G. Parsons Clerk Superior Court
1840 Ashe County, North Carolina census (microfilm):
- Page 32
- Age 5-9, living in household of father Reubin Kilby
--------------------
1850 Grayson County, North Carolina census (microfilm):
- HH # 459, Enumeration District # 19
- Age 18, living with parents
- Born in North Carolina
--------------------
1860 Ashe County, North Carolina census (microfilm):
- HH # 1234
- Surname was "Cilby"
- Given name was "Millan"
- Age 30, married to Hily
- Occupation was farmer
- Value of real estate was $800
- Value of personal estate was $300
- Born in North Carolina
--------------------
Civil War Records of Jeff Weaver at http://members.aol.com/jweaver301/nc/:
- KILBY, MILTON: 30, 1860 AsCC HH#1234. 97th North Carolina Militia. Received medical examination on 10/20/64, diagnosed as suffering from an injury to his right arm. Age 33.
--------------------
1870 Ashe County, North Carolina census (microfilm):
- HH # 87, Piney Creek Township
- Age 39, married to Hiley
- Occupation was farmer
- Value of real estate was $1,000
- Value of personal estate was $400
- Born in North Carolina
- Can read, cannot write
--------------------
1880 Ashe County, North Carolina census (microfilm):
- HH # 124, Piney Creek Township
- Age 49, married to Hiley
- Occupation was farmer
- Born in North Carolina, father in North Carolina, mother in North Carolina
--------------------
1900 Ashe County, North Carolina census (abstract):
- Page 685, Walnut Hill Township
- Age 67, married to Hiley for 47 yrs
- Born Oct 1832
- Born in North Carolina
--------------------
1910 Ashe County, North Carolina census (microfilm):
- HH # 74, Walnut Hill Township
- Age 77, married 1st to Hiley for 57 yrs
- Born in North Carolina, father in North Carolina, mother in North Carolina
- Speaks English
- Occupation was farmer, general farm, own account (sch # 65)
- Can read and write
- Owned farm free of mortgage
--------------------
Will published in Ashe County, North Carolina Will Book, page 407-409:
North Carolina
Ashe County
I, Milton Kilby of afore said county and state being of sound mind but considering the uncertainty of my earthly existence do make and declare this my last will and testament.
First: My executor here in after named shall give my body a decent burial and pay all funeral expenses together with all my just debts out of the first moneys c_____ in to his hands which may belong to my estate.
Second: I give and devise to my son W. N. Kilby and his heirs in fee simple the two following described tracts of lands of W. M. Blevins, J. F. Woo, A. O. McNeil and others and bounded as follows: First tract beginning on a dogwooda dn rock north east of Milton Kilby's barn running west go poles to a white oak the olde Milton Kilby corner, then south 98 poles to a white oak then south 100 poles to a ______ then east 64 poles to a stake there to the beginning. Second tract & beginning on a state Milton Kilby's old corner running east with his line 50 poles to a stake then south 30 poles to a stake, then west 100 poles to a stake in deep branch, then north down the meanders of deep creek in agreed line 8 poles to Peter Eller's line, then east 60 poles with the Eller line to Kilby's old line, then south with said old line to the beginning, to have and to hold unto W. N. Kilby in fee simple with all apprenances there unto belonging. My son J. C. Kilby havcing received his portion of my estate.
Third: I give and devise in consideration of article second made to W. N. Kilby that he shall pay to his five sisters at my death two hundred and fifty dollars to be divided between them as follows: To Martha Calloway $50.00, Calla Baldwin $50.00, Amanda Ashley $50.00, Ellen Baldwin $50.00, Charity Abshear $50.00. As afore statue in former deed.
Fourth: I hereby constitute and appong my lawful executor to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause there of hereby revoking and declaring attaints void and other wills and testaments heretofore by me made. In witness where of I the said Milton Kilby, do here unto se my hadn and seal this do of 19
Attest W. J. Robberts Milton XX his mark XX Kilby
Signed, sealed, filed and declared by the said Milton Kilby to be his last will and testament in the presence of ____ at his request and in his presence and in the presence of each other do subscribe our names as witnesses therein
Witness Ira Blevins
Freeman Blevins
This 25 day of Jan, 1916

North Carolina
Ashe County
In the Superior Court a paper purporting to be the last will and testament of Milton Kilby, deceased, is exhibited before me the undersigned Clerk of the Superior Court for said county by W. N. Kilby, devisee therein mentioned and the true executor there of by the said Milton Kilby by the oath and examination of Ira Blevins and Freeman Blevins the subscribing witnesses thereto, who being duly sworn, doth depose said and each for himself depose and saith, that he is a subscribing witness to the paper writing now shown him, purporting to be the last will and testament of Milton Kilby that the said Milton Kilby in the presence of this deposed subscriber his name at the end of said paper writing, which is not shown as afore said and which bears the date of Jan 25, 1916 and this deponent further saith that the said Milton Kilby the testator afore said, did at the time of subscribing his name as afore said declare the said paper writing so subscribed by him and exhibited to be his last will and testament and the deponent did there upon subscribe his name at the end of said will as an existing witness there to and at the request and in the presence of siad testator subscribe his name to the said last will as afore said and at the time of the deponents subscribing his name an exisitng witness thereto, as afore said, the said Milton Kilby was of sound mind and memory of full agato execute a will and was not under any restraint to the knowledge, information or belief of this deponent. And further their deponents say not.
Duly sworn and subscribed this 10 day Jan 1919 S. G. parns C.S.C.
Ira Blevins
Freeman Blevins
North Carolina
Ashe County
In the Superior Court, it is therefore considered and adjudged by the court that the said paper writing sand every part ther of is the last will and testament of Milton Kilby deceased. Let the will together with the probate be recorded and filed this 10 day of jan 1919
S. G. Parsons Clerk Superior Court


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