Sussex County, DE - Will and Probate Records: Kendal B. Hearn 1874 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/de/ ************************************************ File contributed for use in USGenWeb Archives by: James Hearn (hearn29@msn.com) Kendal B. Hearn's Last Will and Testament, was filed and admitted to probate June 10, 1874 is recorded on microfilm # RG4545.009, roll #107, in the probate records at Georgetown, Delaware. It is also recorded in Will book "N", 325. I, Kindal B. Hearn, of Little Creek Hundred, Sussex County, in the State of Delaware, do make, ordain, publish, and declare this my last Will and Testament to be in the following manner and form to wit: First, I recommend my spirit to Almighty God, who gave it and my body to the earth, from which it was taken, to be buried in a decent Christian like manner at the discretion of my Executors. Secondly, I give and bequeath unto my beloved wife, Elizabeth, one equal third of all my real estate, ( to be held by her during her natural life) and nothing more. Thirdly, I give and bequeath to my son William S. Hearn, all that tract of land that I bought of John N.E. Callaway, containing one hundred acres, more or less, to him, his heirs and assigns forever. Fourthly, I give and bequeath unto my son, James T. Hearn, all my home farm, containing one hundred acres, more or less, to him, his heirs and assigns forever. Fifth, I give and bequeath unto my three youngest children, named Samuel B. Hearn, John H. Hearn, and Mary E. Hearn, each one the sum of fourteen hundred dollars, to be paid with my personal property, and if there is not enough of personal property, to pay said ( each one that amount, then my will is that my two sons William S. Hearn and James T. Hearn,) Samuel B. Hearn, John H. Hearn, and Mary E. Hearn,each one that amount, then my will is that my two sons, William S. Hearn andd James T. Hearn, pay said Samuel B. Hearn, John H. Hearn, and Mary E. Hearn the balance or deficiency, of that amount, and if either one neglects or refuses to pay or make up the deficiency of that amount to Samuel B. Hearn, John H. Hearn and Mary E. Hearn, then for them to have that amount out of said land , one half to be taken out of William S. Hearn's part and the other half to be taken out of James T. Hearn's part Sixthly, My will and desire is that my daughter Sally Ann's children have no part of my estate either directly or indirectly over one dollar. Seventhly, It is my will and desire that if either of my said children , to which I have devised anything be dissatisfied with what I have given them, then the part devised to such be equally divided between the others. Lastly, I do hereby constitute, and appoint my two sons, William S. Hearn and James T. Hearn, joint Executors, of this my last will and testament, revoking all others . In witness whereof, I have , hereto, set my hand and seal this 9th day of April, eighteen hundred and seventy four. Signed, sealed and Published and declared by the testor, to be his last will and testament in presence of: George W. Elliott, Jonathan T. Records Kindal B. Hearn (seal) State of Delaware- Sussex County, Be it remembered that on the fourth day of June, in the year of our Lord, one thousand eight hundred and seventy four, before me L.R.Jacobs, Register for the probate of wills and granting letters of administration in and for the county, aforesaid, appeared George Elliott, one of the subscribing witnesses to the within _ instrument of writing, purporting to be the last will and testament of Kendal B. Hearn, late of the county, aforesaid,deceased, and being sworn on the Holy Evangels, of Almighty God, _ , that he saw the said Kendal B. Hearn, the Testor, of the said instrument of writing, and heard him publish, pronounce and declare, the same as and for his last will and testament, and at the durning of he was of a sound and disposing mind and memory, and upwards of twenty one years of age,that this__attested and subscribed his name as a witness, to the said instrument of writing, at the instance and in the presence of the said Kendal B. Hearn,Testor. Signed and sworn before L.R.Jacobs, Reg'r. George W. Elliott This next will is recorded in Virginia, where Sam'l moved after the civil war. Sam'l Batson Hearn was given his fathers middle name and g-grandfathers first name. Sam'l B. Hearn's Last Will and Testament: Ref: Will Book 38, page 83, located at Bowling Green, Va. at the Court House. I, Samuel B. Hearn of Caroline County, in the state of Virginia, being of sound mind, mentally and understanding, do make and declare this to be my last will and testament as follows: I give, devise and bequeath to my beloved wife, Mary Virginia Hearn, all of my property, real, personal, and mixed of every kind and description, which I now own or hereafter acquire absolutely and in fee simple and appoint her sole Executrix and that no security be required of her on her qualification as said Executrix and that no appraisement of my property be made. Written wholly with my own hand and signed by my own hand, this 31th day of Oct.,1912. Samuel B. Hearn Virginia: In the Clerks Office of the Circuit Court of Caroline County, the 1st day of November, 1917, a writing purporting to be the last will and Testament of Samuel B. Hearn, deceased, was this day produced to me in my office, for probate and there being no subscribing witnesses thereto, C. K. Hearn, and Lucy E. Hearn were sworn and severally deposed that they are well acquainted with the hand writing of the said Samuel B. Hearn, deceased, and verily believe the said writing and the name of the said Samuel B. Hearn, thereto subscribed to be wholly written by the testors hand, and they further deposed that at the time writing bears date the said Samuel B. Hearn, was of sound mind and memory, thereupon said writing is established and admitted to probate as and for the true last will and Testament of the said Samuel B. Hearn, deceased, and is ordered to be recorded, and on the motion of Mary Virginia Hearn, the Executrix, named in the said Will, who made oath thereto and entered into, signed, sealed, and acknowledged a bond before me in my said office, in the penalty of five-thousand dollars, conditioned according to law, (the testor requester in his said will that no security be required of his said Executrix.) Certificate is granted the said Mary Virginia Hearn for obtaining a probate of said will in due form. Teste E.R. Coghill, Clerk Truly Recorded, Teste E.R. Coghill, Clerk.