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Samuel Kelley was born in Belfast Northern Ireland. .  He came to America with his parents John Kelly and Mary Ezemy  re Find A Grave for Mill Creek Quaker Cemetery.  Perhaps because there were so many Mary's she was known as Ezemy Kelly.  We do not know when they emigrated but it would have been by about 1750.  .

 According to Delaware Biographies which I found years ago in the Philadelphia Historical Society collection, "Samuel Kelley was born in Scotland, immigrated in his youth and settled in upper New Castle County.  He became a land owner and spent his life farming.  He was buried at White Clay Creek Presbyterian Church where he was a member".  I do not have the page number, the compiler or their sources. 

So two stories.  He was surely a Scot who was probably born in Northern Ireland.  A very common story.  However, he was buried at Mill Creek Quaker Cemetery with his parents, and first wife.  Right neighborhood, wrong cemetery. 

He named a daughter Ezemy, which really helps connect this Samuel to John and Mary Ezemy Kelly. There was another Samuel Kelly in the same area at the same time and they were friends. The name was found spelled both Kelly and Kelley.   Our Samuel signed his will Kelley.  Samuel's daughter, Ezemy, was  listed in his will.  This document tells a lot about the story.   See below. 

There is a will New Castle County, probated on Dec. 21, 1758 for Ezemy Kelly widow of Mill Creek.  The exe was son William, and heirs listed included sons Samuel, William, Thomas, John and James and daughters Mary, Margaret and Elizabeth.  

It is repeated on line and in Find A Grave that Samuel was born in 1729 or 30.  However, Ezemy's will tells a different story.   In the document she directed the executor to "bind out my well beloved son Samuel Kelly to a tread as soon as he is fit, and..... keep him in clothing until he ...come to the age of 21."  So he was born at least after 1736 and possibly as late as 1746.   I'll use a midway point as say c1742.  According to History.com about child labor in America, "To learn a trade, boys often began their apprenticeships between the ages of ten and fourteen".

The first time I can find documentation other then the will is from New Castle County Deed book B2, page 56, 1772.  It notes that Samuel Kelley purchased property from James Moore and wife on the east side of Red Clay Creek.  This may be our Samuel or his friend.  He would certainly be of age to purchase property.

On Jan 5, 1781 Samuel Kelley married Rebecca English, 1st wife, daughter of David English in New Castle County Delaware.   Delaware Vital Records 1650-1974  N.C.Chancery Case H #24 .   Samuel was about 35, and Rebecca may have been about 30.  When her father wrote a will in 1773 Rebecca was one of the 3 executors.  How old would she need to be to fill that role?  In that will, Rebecca inherited one quarter of the English property. 

They had one child, Elizabeth Kelley.  Rebecca English Kelley died May 20, 1783, re Delaware Vital Records.  They had been married just over 2 years, so Elizabeth was a new born. (she was 16 in 1800 - see 1800 Census below).  At her death, they were living on the English inherited property.

The Old Swedes Church records of Wilmington Delaware show that Lawrence Girelius married Samuel Kelley to Margaret Grey on September 4, 1787... The original Records Book of Old Swedes was taken back to Sweden by the first pastor, Rev Eric Bjork. 

Margaret and Samuel Kelley had 5 children.  they were:
William Kelley
Rebecka Kelley
Ezemy Kelley
Lydia Kelley
Margaret Kelley

Samuel Kelley, Yeoman of Mill Creek Hrd, wrote a will June 2, 1794.  It was probated May 3, 1796 and is in New Castle County Will Book O, page 159.  Margaret was named Executor along with Thomas Montgomery, Esq and Robert Crawford, Gent. It named his children Elizabeth, William, Rebecka, Ezemy, Lydia and Margaret.  Also, Samuel Kelley, the Miller.  and noted his late wife Rebecka, mother of said Elizabeth.  The will acknowledges that the Kelley estate came from Rebecka's father, but because of the amount of improvements to the property over the years, he now feels it is Kelley property.  The will specifically requested that Elizabeth relinquish her right to the property when she became 21, then she would share equally with the other 5 children.   Apparently she refused. 

In 1796, Orphans County of New Castle County Vol 1, Book H, page 249, spoke to Elizabeth Kelley, a minor, daughter of Samuel Kelley.  The court appointed men to make a value estimate of the houses, orchards and land owned by the deceased.  A report from May 24, 1797, Vol 1 Book H, page 267 Orphans Court describes property as "comfortable slave dwelling and kitchen, hay house with cellar, stable.  1/2 an old house with spring house and weaver shops and orchard."

In 1802  a court battle began over the property left to the children of Samuel Kelley. It can be found in the Recorder of Deeds.  There was a final settlement in 1859, found in Recorder of Deeds, Book G 7, page 201. The gist of the story is that Rebecka's daughters, Elizabeth was "left out of his will" and she sued after she married Robert Higgins. The four daughter's of Margaret and son William were listed as "the younger children".  New Castle County DE  Orphans Court Vol 1, Book H, page 249.    I don't know what the final settlement was but  William Kelley     inherited at least some if not all the property. 

1800 Delaware Census, Mill Creek hundred, page 201.  lists the family as
Marg Kelly- head of house hold - female 26-45
      1 male 10 - 16,  (William)
      3 females under 10
      2 females 10-16

Samuel is buried in the Mill Creek Quaker Cemetery along with his parents and first wife Rebecca. His second wife lived over 30 years after he died.

The 1830 White Clay Hundred Census, New Castle County , Roll M19-12, page 60 shows William Kelly as head of household with a woman 70-80 years old.  This is most likely Margaret.

If you know the answer please CONTACT US

1.  where exactly is the disputed property

2.   what was the final settlement

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Date created 11/28/2010
Date Edited 7/8/2015
Date edited 1/3/2020
Date edited 7/8/2020
Date edited 12/8/2022
Date edited 7/21/2024