Emanuel County GaArchives Wills.....Durden, William Sr. ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Alta Mitchem Durden altamdurden@aol.com July 16, 2012 LAST WILL AND TESTAMENT OF WILLIAM DURDEN, SR. BOOK B, 1857-1907 PROBATE COURT OF EMANUEL COUNTY, GEORGIA [THEN KNOWN AS COURT OF ORDINARY OF EMANUEL COUNTY] PAGE 38: STATE OF GEORGIA EMANUEL COUNTY. In the name of God, Amen: I, WILLIAM DURDEN, SR., of said State & County, being of advanced age and knowing I must shortly depart this life, I deem it right and proper both as respects my family & myself, that I should make a distribution of the property with which a Kind Providence has blessed me, do therefore make this my Last Will & Testament, hereby revoking all others heretofore made by me. 1st Item: I desire & direct that my body PAGE 39: be buried in a decent and Christian-like manner, suitable to my circumstances and condition in life. My Soul I direct shall return to rest with God who gave it. 2d Item: I desire and direct that all my just debts be paid without delay by my Executors hereafter appointed as I am unwilling my Creditors should be delaid (sic) in their rights. 3d Item: I give and bequeath to my beloved Wife, ELIZABETH, for and during her natural life, all my lands lying and being in said County, One lot containing four hundred acres, surveyed & granted to JAMES CARTER; One lot containing three hundred & eighty-two Acres surveyed & granted to JAMES CARTER; One lot containing one hundred & fifty-two acres surveyed and granted to JAMES CARTER, One lot containing Three hundred acres surveyed & granted to WILLIAM ALLMAN; One lot containing Two hundred & fifty acres surveyed & granted to RICHARD G. KERSEY; One lot surveyed and granted to RICHARD G. KERSEY containing Sixty-four Acres, and one lot surveyed and granted to WILLIAM DURDEN, SR., containing one hundred and ninety-seven (acres?); One lot surveyed and granted to JOHN D. GILLIS, containing seventy acres, one part of to containing fifty-nine acres and my Negro boy named Jack, about sixteen years of age and my Negro Woman, Sarah, about seventeen years of age and my Negro boy, George, about Eight years of age and all my stock of Horses PAGE 40 and all my Stock of Cattle and all my Stock of sheep and all my Stock of Hogs and all my Household and Kitchen furniture and all my Farming Utensils. 4th Item: The residue of my property, both real & personally wherever and whatever it may be, including that given to my beloved Wife, ELIZABETH, during her natural life-time and after her death it shall be equally divided among my beloved Children, To-Wit: Mary and my Son, Nathan N., and my beloved Daughter, Mary J., (sic-Martha Jane, called Jane), and my beloved Son, Dennis S., and my beloved Son, William J., and my beloved Son, Rowan, and my beloved Son, Eleazor L., and to my beloved Son, Angus, and to my beloved Son, John, and to my beloved Daughter, George Ann, and to my beloved Daughter, Elefair, and any other Child or Children that may be born in any reasonable time after my Death. 5th Item: I hereby constitute and appoint my beloved Wife, ELIZABETH, my Executrix and my worthy friend, DANIEL G. HALL, Executors of this my last will and testament. This October the 28th day, 1863. (Signed) WILLIAM DURDEN, L. S. Signed, sealed & published by WILLIAM DURDEN as his last will and testament in the presence of us the subscribers who subscribed our names hereto in the presence of said Testator at his special instance and request and of Each other. This the 28th day of October, 1863. (Signed) WILLIAM L. TAPLEY (Signed) CURTIS M. BARWICK (Signed) WILLIAM SALTER, J. P. STATE OF GEORGIA, EMANUEL COUNTY. Personally appeared in Open Court in the Court of Ordinary at this October Term 1864, CURTIS M. PAGE 41 BARWICK, one of the witnesses of the within Will, who, being duly sworn, deposeth and Saith that WILLIAM DURDEN Signed, Sealed, declared and published the above and foregoing as his Last Will and Testament in the presents (sic) of the Three Subscribing Witnesses who Signed the Same in the presents (sic) of Said testator and in the presents (sic) of Each Other, they then Signed at the Special Instance and request of the testator; that testator Signed freely and voluntarily and of his Own Accord & that Said Will was made without fraud or undue Influence. (Signed) Curtis M. Barwick Sworn to and Subscribed before me, this Oct. the 3rd, 1864 JAMES B. KENNEDY, Ordinary Note by AMD: The Office of Ordinary is now known as Judge of the Probate Court. I’ll attempt to get a copy of the petition to probate this Will, (probated about one year after it was made), so as to have the exact date of death of this William Durden, born in Georgia about 1817, a son of William Durden, born in about 1775 in North Carolina, and his wife, Mary Dekle Durden. His older brothers were also born in North Carolina: Jacob, in 1755, and John, 1761/1762. Jacob died in Georgia in 1845 and John in Mississippi, the exact date of John’s death being unknown to me. I believe this Curtis M. Barwick was a brother of Elizabeth Barwick Durden’s, 1820-1909, wife of William Durden, 1817-1864, testator above; if that is correct, Curtis M. Barwick was this William Durden’s brother-in-law. [There are also family connections of the Durden’s to and with the families of the other two witnesses, Tapley and Salter; but I do not have that information at hand.