Nansemond-Southampton County Virginia USGenWeb Archives Wills.....McClenny, Anna L. Gardner, 1905 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ Diana "Anna" Lucretia (GARDNER; Mrs. Thomas Alphono) McCLENNY, contested will, pr. 23 Jul 1906 Nansemond Co. Will Book 6 (1900 - 1909), pp. 553-54 [margin notes] Anna L. McClenny - Will - Copy of this Will mailed to W.B. McClenny Oct 16/06. In the name of God, Amen. I, Anna L.G. McClenny, of Nansemond Co., Va., do make this my last will and testament as follows: 1st. I give and bequeath unto my daughter Sallie G. Bennet [sic; Bennett] the home tract of land, my piano, one horse Sybel and Phaeton. 2nd. I give and devise unto my son Robert J. McClenny the farm known as the Rufus Butler farm, and one feather bed, one bolster, 2 pillows, 1 pair of blankets, 2 pair of sheets, one old bookcase dated 1750. 3rd. I give and devise and bequeath unto my son George T. McClenny 1 feather bed, one bolster, 2 pillows, 2 pair of sheets. 4th. I give, devise unto my son D. Clayton McClenny my gold watch, one feather bed, one bolster, 2 pillows, 2 pair of sheets, one pair of wooled blankets. 5th. I give, devise and bequeath the State Museum 1 sword, 1 carbine, 1 knapsack with my husband's name carved thereon. 6th. I direct that Robert J. McClenny and Sallie J. Bennet shall pay unto three of my heirs, Emma Boykin, William Baxter McClenny and George T. McClenny $200 each making a total of $600 as their part of my estate. I also direct that Robert J. McClenny and Sallie G. Bennet shall pay unto Clayton McClenny $200 each making $400. 7th. All of the remainder of my estate not given away in this will I give unto my daughter Sallie G. Bennet and my son Robert J. McClenny. 8th. I appoint my son Robert J. McClenny administrator of this my last will and desire that no security be required of him as such. 9th. I hearby revoke all previous wills and codicils made by me. Witness my hand and seal, Anna L. McClenny (SEAL) Witness, Wm. H. Butler. E.F. Powell. Virginia: At a Circuit Court continued and held for the County of Nansemond at Courthouse in the Town of Suffolk on Monday the 23rd day of July, 1906. W. Baxter McClenny, Sallie G. Bennett and J.B. Bennett, her husband, George T. McClenny, Robert J. McClenny and D. Clayton McClenny. against Contested Will. Emma C. Boykin and J.E. Boykin, her husband. It appearing to the Court that Anna L. Gardner McClenney [sic] sometimes called Anna L. McClenney, died on the 24th day of August, 1905, in the County of Nansemond, Virginia, and that the said Anna L. Gardner McClenney, sometimes called Anna L. McClenney, at the time of her death had a mansion house and known place of residence in said county, and a writing signed by Anna L. Gardner McClenney, sometimes called Anna L. McClenney, but without any subscribing witnesses thereto and purporting to be the true last will and testament of the said Anna L. Gardner McClenney, sometimes called Anna L. McClenney, having been on the 12th day of October, 1905, produced before this Court by said W. Baxter McClenny, Sallie G. Bennett, J.D. Bennett, her husband, George T. McClenny, Robert J. McClenny and D. Clayton McClenny, and the probate of said writing having been opposed by Emma C. Boykin and J.E. Boykin, her husband, the said W. Baxter McClenny obtained from this court an order directing that Emma C. Boykin and J.E. Boykin, her husband, be summoned to appear on the 2nd day of January term of the year 1906 of this court, to show cause why the said paper writing should not be admitted to probate and record; and on the 9th day of January, 1906, the said parties having been summoned and having appeared in court pursuant to said summons and the court having heard the testimony of all the witnesses and the said writing having been proved according to law by the oaths of Lizzie R. Stallings and J.E. Boykin, who severally deposed that they were well acquainted with the handwriting of Anna L. Gardner McClenney, sometimes called Anna L. McClenney, and that they verily believe the said writing and the name of Anna L. Gardner McClenney thereto signed to have been wholly written by her, it is ordered that so much of the writing as precedes the signature of Anna L. Gardner McClenney, sometimes called Anna L. McClenney, and which is is written above such signature be, and the same hereby is, established, probated and admitted to record as and for the last will and testament of the said Anna L. Gardner McClenney, sometimes called Anna L. McClenney, but so much of said writing as is unsigned and which is written below such signature is declared not to be a part of the true last will and testament of said Anna L. Gardner McClenney, sometimes called Anna L. McClenney, and the probate thereof is refused. It is further ordered, by consent of the heirs, that the cost of both parties in this court, including an attorney's fee of three hundred dollars, be a charge on and be paid out of the estate of said decedent. Teste: A.P. Gomer, D.C. ****************************************************************************** "Virginian-Pilot" (Norfolk, VA), Vol. 27, No. 11, Fri., Oct. 13, 1905, p. 6; DEAD WOMAN LEFT ONE WILL AND MEMORANDUM Court Will Decide Which Can Be Probated And Until Then a Legal Battle Will Be Waged By Many Relatives Suffolk, Va., Oct. 12. - (Special.) - The McClenny contested will case, which is a very interesting one from a legal standpoint, was begun in Nansemond circuit court today. Mrs. McClenny, widow of the late Thomas A. McClenny, left a memorandum from which she intended a testament to be drawn in legal form. The largest beneficiaries are seeking to have the will probated and have retained William S. Holland as counsel. Attorney J.U. Burges represents Mrs. J.E. Boykin and others who are fighting the paper's probation on the ground that it is not a will. It has previously been sought to have probated another paper, signed by Mrs. McClenny, but this failed because the attesting witnesses did not sign in each others' presence. The memorandum now before the court is not dated but was proven to have been written in 1904. Following is a copy. The persons referred to are children of the testatrix: "Gifts itemized to be written in legal form: "The Butler farm for R.J. McClenny, our home place for Sallie G. Bennett. Robbie and Sallie are to pay to three of the heirs, Emma, Baxter and George, $200 apiece, making $600. To Clayton $200 apiece making $400. To Robbie and Clayton each, a bed and bedding, consisting of bolster, two pillows, two pair sheets, pair of woolen blankets and comfort. To George a bed, bolster and two pillows. To Sallie I give my piano, Tom's sword, carbine and knapsack with his name carved on them, to be taken to state museum in Richmond. (Signed) "Emma [sic; Anna] L. Gardner McClenny." "P.S. The old bookcase, dated 1750, must remain in the family and in the McClenny name. Sybil, Tom's mare and phaeton to be kept here as long as they both last. My watch to be given to Clayton." ****************************************************************************** "Norfolk (VA) Landmark," Vol. 61, No. 37, Fri., Oct. 13, 1905, p. 5; CONTESTED WILL CASE. Judge Prentis, in the Circuit Court today, heard argument in the McClenny will case. The will of Mrs. Thomas McClenny is being contested by some of the heirs who were left legacies of $200 each instead of their proportionate shares of the estate. Two wills were found for probate, the first one was not properly witnessed and the other was objected to as not being properly drawn. Among the legacies mentioned are the carbine and knapsack of the late Thomas A. McClenny, which are left to the Confederate museum at Richmond. W.S. Holland, of Windsor, represented the heirs who wished the will probated, and J.U. Burgess [sic; Burges] the contestees. As there are questions of fact to be determined by a jury, the case will not be concluded until the next term of court. ****************************************************************************** "Virginian-Pilot" (Norfolk, VA), Vol. 18, No. 11, Sat., Jan. 13, 1906. p. 7 Suffolk, Va., Jan. 12. - [...] McClenny Will Case. Judge Prentis, in the circuit court, today heard argument in the matter of the probate of the will of Mrs. T.A. McClenny, who left her husband's knapsack, carbine and sword to the state museum in Richmond. The case was taken under advisement and counsel were permitted to file additional briefs. ****************************************************************************** "Virginian-Pilot" (Norfolk, VA), Vol. 20, No. 11, Fri., July 13, 1906. p. 7 McCLENNY WILL CASE SETTLED AT LAST. Suffolk Bureau. Suffolk, Va., July 12. - The much contested McClenny will case was settled today by a ruling of Circuit Judge Prentis, sitting in chambers. The contestees were Sallie G. Bennett and R.J. McClenny. The litigants were children of the late Thomas A. and Annie L.G. McClenny. Those who contested the case - the only ones who opposed the probate of the will, were J.E. Boykin and wife, the latter being a daughter of the deceased. Judge Prentis sustained all the first part of the testament - all that had been signed. There was a post-script to which there was no signature. The heirs who favored the will's probation were Sallie G. Bennett, R.J., George T., W.B. and D.C. McClenny. One clause of the will donates some war relics to the Confederate museum at Richmond. ****************************************************************************** "Virginian-Pilot" (Norfolk, VA), Vol. 20, No. 22, Thurs., July 26, 1906, p. 8 MRS. McCLENNY'S WILL AT LAST PROBATED. Suffolk Bureau. Suffolk, Va., July 25. - The will of the late Mrs. Anna L.G. McClenny, which was contested in the courts for a long time, has finally been probated. Sallie J. Bennett, a daughter, gets the home tract, a piano, horse and phaeton. Robert J. McClenny, a son, receives the Rufus Butler farm, one bed, pillows, etc., and an old book case dated 1750. George T. McClenny, a son, is bequeathed a feather bed, bolster, two pillows and two pairs of sheets. D. Clayton McClenny, a son, inherits a gold watch, feather bed, pillows, etc. The state museum will receive a sword, carbine and knapsack carved with the name of the devisor's husband. It is directed that Robert J. McClenny and Sallie J. Bennett pay unto Emma Boykin, W.B. McClenny and G.T. McClenny $22 each, and that the same pay unto Clayton McClenny $400. Sallie G. Bennett and Robert J. McClenny are residuary legatees. R.J. McClenny was appointed executor, with the request that no security be required. The executor has not yet qualified. *Additional information: Diana "Anna" Lucretia (GARDNER; Mrs. Thomas Alphono) McCLENNY, b. 15 Aug 1845*, Southampton Co., d. 26 Aug 1905, interred in Western Branch Baptist Church Cemetery, Western Branch list, an extension of the Southampton County Historical Society {SCHS} Cemetery Project: http://files.usgwarchives.net/va/nansemond/cemeteries/wernbr.txt A photo of Anna - added by Robin Rountree-Key - and two of her gravestone - - added by Amber Gonzalez & BobbieJean - are posted with Find a Grave Memorial #35257056. The 1900 Census - Chuckatuck Dist., Nansemond Co. - gives b. May 1845. Her husband was a Confederate veteran, having served as a sergeant in Co. I, 24th VA Cavalry. His obits ("Virginian-Pilot," Sep. 10 & 11, 1904) are posted at: http://files.usgwarchives.net/va/nansemond/obits/m245t1ob.txt The American Civil War Museum now holds those donated items, and has photos online of Tom's cartridge box, carbine and sword & scabbard; record at: https://acwm.pastperfectonline.com/person/47F5FCF3-DE1D-4338-9652-361647502176 Contributed for use in USGenWeb Archives by File Manager Matt Harris (zoobug64@aol.com). file at: http://files.usgwarchives.net/va/nansemond/wills/m245a1wl.txt