Meriwether County GaArchives Wills.....Herndon, Edward August 30, 1853 ************************************************ 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: Judy Kilgore JodieK444@aol.com February 21, 2007, 2:14 pm Source: Will Book A, Pp. 197-201, Probate Office, Courthouse, Meriwether County, Ga Written: August 30, 1853 Recorded: February 7, 1855 Will of Edward Herndon Meriwether County, Georgia Will Book A, Page 197-201 Georgia} Meriwether County} In the name of God Amen. I Edward Herndon of said State and County being of advanced age knowing that I must shortly depart from this world deem it right and proper both as respects myself and my family that I should make a disposition of the property with which a kind providence has blessed me. I therefore make this my last will and testament. Item 1st. I desire and direct that my body be buried in a decent and Christian like manner suitable to my circumstances and condition. My soul I trust shall return to God who gave it as I hope for eternal salvation through the blessed Lord and Savior Jesus Christ (Page 198) whose religion I have professed and as I humbly trust enjoyed for twenty two years. Item 2nd. I desire and direct that all my just debts be paid without delay by my Executors hereinafter named. Item 3rd. I give and devise to my beloved wife Nancy with whom I have been in the strictest quiet and love for thirty three years Lot of land number 104 and lot of land 105 also sixty seven and one half acres more or less in the south east corner of lot no. 89 in the 9th district of originally Troup now Meriwether County with all the rights, members and appurtenances to said lots of land in anywise appertaining and belonging to her own proper use benefit and behoof for and during her natural life or widowhood free from the disposition of any future husband. I also give and bequeath to my wife in the same manner the farming utentials used on and belonging to my plantation of any description whatever and all my horses all of my stock of hogs cattle and sheep. All my house hold and kitchen furniture belonging to my plantation of any description my carriage and wagon, cart and oxens also all my Blacksmith's tools all my corn & fodder wheat oats and cotton that may be on hand at the time of my death also all of the production of the growing crop if any, at the time of my death. Item 4th. I give to my wife Nancy for and during her natural life or widowhood free from the disposition of any future husband my negro man Joe my negro woman Eveline & her present & future increase viz: Emanuel George Squire Prudence Fanny John Dignie Leonidas my negro man Osborn my negro boy Washington and my negro woman Bidda and her present and future increase to wit Margaret Freeman and Harriett. (Page 199) Item 5th. I wish and direct that as my children become of age that my wife give them such things as she can spare to set them out to housekeeping equal in value to those that have married & left me. If there be any money or notes in hand at the time of my death I give it to my wife to enable her to purchase horses or other essentials for my children as they become of age and need them. Item 6th. After the death or marriage of my wife Nancy I wish and direct that all my land and Negroes given to her in the above items be equally divided between all my children and if my wife Nancy should marry she is to have an equal share with all my children to wit Benajah H. Edna Ann Richard M. Joel J. and Marshall H. Amanda L. Preston A.H. James M. Tululah H. Cora L. and Walter J. in the following manner viz: My Executors hereinafter named shall choose five disinterested free holders of this county whose duty it shall be to divide my estate subject to distribution into as many parts or shares as there are distributees (except my daughter Tululah H. whose distributive share I wish given to her or her guardian in money.) and assign by lot or otherwise as to them shall seem proper & just one of the said parts or shares to each distributee or his or her guardian or legal representative Except that part of land laid off for my son Richard M. which he has the right to take at the appraised value if he choose to do so. the land to be so divided as to make five parts or shares the other parts or shares to be made up out of the negroes as near equal in value as can be to the land shares. If after making the negro lots or shares equal in value (or as near as can be) to the land lots there should be any negroes left out (Page 200) of the division I wish them to be appraised by the said appraisers & for some of the children to take them at the appraised value & to pay back what is right to the other children. I wish and devise that one hundred acres of land be laid off in the south side of lot no. 105 whereon my son Richard M. now lives the line to run so as to include his buildings and improvements ~ and to be appraised by the above named persons & my son Richard M. to take it at the valuation thereof if he chooses to do so. If my wife should marry before my son Walter J. becomes twenty one years of age and receives his education in that event I give him fifty dollars over and above his distributive share to pay for his raising and education. But if he receives his education and arrives to the age of twenty one before her death then he is to receive his equal share. Also owing to the peculiar and unfortunate situation of my daughter Tululah H. I give her one hundred dollars over and above her equal or distributive share of all my property. I also constitute and appoint my son Richard M. guardian for the person and property of my daughter Tululah H. and as a remuneration for my son Richard M. for his trouble and expense in keeping and maintaining my daughter Tululah H. he is to have the one hundred dollars given to her over and above her distributive share and all of the interest arising from her distributive share that is to say, he is to have the use of her equal share of money without interest. Item 7th. At the death or marriage of my wife I direct and wish that all the perishable property heretofore given to her in the above items be sold and the money equally divided between my children above named except that my daughter Tululah H. is to have one hundred dollars more than the balance of them for the cause above stated. Also my son Walter (Page 201) J. is to have fifty dollars more on certain conditions above stated. If my wife should marry she is to have an equal share with my children above named. All of the property or money given to my wife upon condition she should marry is after her marriage and death to revert back to my estate and be equally divided between the distributees. Item 8th. I constitute and appoint my beloved wife Executor and my son Benajah H. Herndon and my son Richard M. Herndon executors to this my last will and testament. This August 30th 1853. Edward Herndon (Seal) Signed sealed declared and published by Edward Herndon as his last will and testament in the presence of us the subscribers who subscribed our names hereto in the presence of said testator and each other this August 30th 1853. Robert McCrary John M. McCrary George D. (his x mark) Coggin William (his x mark) Owen Georgia} Meriwether County} Court of Ordinary February Term 1855 The within last will and testament of Edward Herndon having been proven at this regular term in open court upon the oaths of Robert McCrary, John M. McCrary, Geo. D. Coggin and William Owen the subscribing witnesses to said last will and testament. Ordered that the same be admitted to Record 5th Feby 1855. D.C. Gresham, Ordinary M.C. Recorded this 7th day of February 1855. D.C. Gresham O.M.C. Additional Comments: There is an old leather-bound record book with just the letter "F" on the spine. In it I found the following: From Record Book F, Meriwether County, Georgia: Page 47: Account of the sale of a portion of the personal Estate of Edward Herndon decd sold on the eighth and ninth days of January 1856. Terms credit until 25th Dec next (1856). Page 55: Georgia, Meriwether County By virtue of a Commission from B.H. Herndon and R.M. Herndon Executors of the late Edward Herndon deceased to us directed authorizing and requiring us to make distribution of the Estate of the said Edward Herndon deceased among the distributes entitled to said Estate, we proceed this day to the performance of said duty. There were ten distributes, to wit, Benajah H. Herndon, Richard M. Herndon, Edna A. Herndon, Joel J. Herndon, Marshall H. Herndon, Matthew Brooks, sons and daughters of said Edward Herndon of full age. Preston A.H. Herndon minor of said Edward Herndon decd whose Interest in said distribution was represented by Robert McCrary Guardian of said minor Preston A.H. Herndon and James M. Herndon, Cora L. Herndon & Walter J. Herndon, minor children of said Edward Herndon decd whose interest in said distribution was represented by Walter R. Pope Guardian of said minor children, James M. Herndon, Cora L. & Walter J. Herndon. I do hereby certify that John Horn, James B. Glass, George W. Milner, Lewis Pyron & Thomas Owens, Commissioners appointed to divide the Estate of Edward Herndon deceased were duly sworn to the performance of that duty. Given under my hand and Official Signature this Feby 6th 1856. Wilkins Stone, J.P. (Info from Bible records of Preston A.H. Herndon show that Edward's daughter, Tululah, died Oct. 29, 1855, and his wife, Nancy, died 14 Dec. 1855. Therefore, they are not among the distributees.) ------------------- Meriwether County, GA, Records in probate for Edward Herndon: Will Book A, p. 197 Ordinary Court Minutes book 2, p. 480; book 3 p. 98 Inventory appraisal book D, p. 549, ff. (Book F above is not mentioned in the Index to Estates) There are two will books entitled "A." The other book has Edward's will on page 207. The will on p. 197 is much easier to read. Land Lot 105 mentioned above was won by Edward in the 1827 Land Lottery. Lots 104 (202.5 acres) and 89 (67.5 acres) lie adjacent and were purchased in 1839 and 1840 respectively. They are just south of the area today known as the town of Alvaton. File at: http://files.usgwarchives.net/ga/meriwether/wills/herndon544gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 10.6 Kb