Military Record and Will of James P. Averhart, Lowndes, Alabama

http://files.usgwarchives.net/al/lowndes/wills/willbookc/jpaverhart.txt
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This file was contributed and copyrighted by:
Carolyn Golowka
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January 2002


The following military information was supplied by Don Tipping < dtip@281.com>

Averhart, J.P. (also: I.P. ), age: 24 (as of 17 Sep 1861),  resident: Braggs, 
Lowndes Co., Al., occupation: farmer, enlisted: 17 Sep 1861 at Montgomery, Al, in 
"Faggs" Company, Alabama Cavalry, Lowndes' Alabama Rangers, which became Co. H, 
Wirt Adams(subsequently) Woods Regiment, Confederate Cavalry (aka: 1st Mississippi 
Cavalry).  Averhart remained a Private, with service primarily in Mississippi.  He 
was killed in action on 12 February 1864, at Decatur, Ala.  It is assumed that he 
was buried at that location.  



Will of James P. Averhart
Lowndes County, Alabama
Will Book C, page 27

The State of Alabama   }
Montgomery County      }

I, James P. Averhart, being of sound and disposing mind, and mindful of the 
uncertainty of life, do make and publish this my Last Will and Testament, viz.:

I give and bequeath unto my brother, Patrick H. C. Averhart, all the property of 
any and every character which I can, and which I may own to which I may be entitled 
at the time of my death, subject to the payment of any debts I may owe.

In witness whereof, I have hereunto set my hand and seal this the 18th day of 
September, A.D., 1861.
                                         J. P. Averhart (SEAL)

Signed, Sealed, published and declared by the said Testator as and for his last 
Will and Testament in our presence, who, in his presence, and in the presence of 
each other hereunto subscribed our names as witnesses.  1861

D. S. Gray
J. F. Jackson


In the Matter of the Last Will and Testament of James P. Averhart in Lowndes County 
propounded by his brother, P. H. Averhart for Probate and Record in this Court.

George S. Cox, Esq. And O. H. P. Moorer, being duly sworn and examined in open 
Court, and on oath, George S. Cox, Esq., says he is personally acquainted with 
Daniel S. Gray (whose name is signed to the paper purporting to be the Will of J. 
P. Averhart) says he say Gray several times in the War, 1862 in Hilliard's Legion, 
of which he was an officer in the Confederate Service of America; said Legion is 
now reorganized and is now in the field near Dalton, Georgia and believes that he 
is now absent from the State of Alabama in the service.  The witness knows the 
handwriting of Daniel S. Gray, whose name is signed to the Will of J. P. Averhart, 
a subscribing witness, and believes it to be his genuine signature and that he also 
knows the handwriting of J. F. Jackson, late of Montgomery (from having seen him 
write) whose name is also signed to a paper purporting to be the Will of J. P. 
Averhart, as a subscribing witness, and believes it to be his genuine signature and 
that it is generally conceded, and he believes said J. F. Jackson is now dead.  The 
said paper purporting to (be) the Will of J. P. Averhart, referred to above, bears 
date of the 18th of September 1861, and the signatures to be D. S. Grey and J. F. 
Jackson, as subscribing Witnesses to said will.  He believes to be their genuine 
signatures and in their handwriting. 
                                               George S. Cox

Subscribed before me April 30th 1863 (1864)
James W. Graham,
Judge of Probate


O. H. P. Moorer of Lowndes County, Alabama, being duly sworn and examined in open 
Court, on oath says the he knows J. P. Averhart in his lifetime, that he is well 
acquainted with his handwriting, has often seen him write and being shown said 
paper dated the 18th day of September 1861, purporting to be the last Will and 
Testament of said J. P. Everhart, signed by him as testator and that the signature 
thereto purporting to be his is genuine and in his handwriting.

                                                  O. H. P. Moorer

Sworn to and subscribed before me April 28th, 1864
James W. Graham,
Judge of Probate