Monday, January 24, 2022

Amanuensis Monday~The Last Will and Testament of Benjamin Earnhart

Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.

His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

Today’s subject is The Last Will and Testament of Benjamin Earnhart.

Benjamin Earnhart’s Will
I, Benjamin Earnhart of the County of Bedford State of Tennessee do make and publish this my last will and testament hereby revoking and making void all former wills by me at any time heretofore made—
1.   And first- I direct that my body be decently interred in the grave yard art Daniel Earnhart’s in this County in a manner suitable to my condition in life--.  
2.   And as to such worldly estate as it hath pleased God to entrust me with I depose of the same as follows (viz) I direct that all my debts and funeral expenses be paid as soon as possible out of any moneys that I may die possessed of or may first come into the hands of my executor, from any portion of my estate.—
Item (3) I direct that Thirty acres or more be sold off of the Northern Boundary of my land including the house now occupied by Powell Sweney. And I give my Aden [administrator], the former to sell this land publicly or privately in one or two year, credit.
Item (4)- I direct that my Ex {Executor] or Aden [Administrator] sell to the highest bidder on a credit of twelve months.
Item (5) I leave to my wife my perishable property [illegible????] – my household and kitchen furniture and direct that all property not set aside or excepted bylaw for her use be sold as stated.
Item (6) It is my will and desire that Susan my wife have my Sorrell and Horses and the proceeds arising there from during her natural life and it is my desire that my daughter Amy Leggett return with her Husband J. C. Leggett and live with Susan my wife –
Item (7) At the death of my wife Susan it my will that the farm household and kitchen furniture all and every things appertaining, thereunto be sold and equally divided between my children (viz) G. W. Earnhart, Wm. A. Earnhart, Doc Earnhart, Amy Earnhart Liggett and in case of dec death of any of these, then, their children are to inherit their parents part of said Estate – Betty Swiney is to receive five dollars of my estate her bodily heirs are to receive one fifth of my Estate at their majority. The County Court appointing a guardian for them,and I hereby nominate and appoint my friend Herman Harris my Executor with my Will attached.
Signed and delivered in the presence of us on 2 October 1882.
Herman Harris                                                                          Ben Earnhart
H. P. Baxter
N. B. It is my will and I so ordain that all the property goods and Chattels that my wife Susan possesses at our marriage should be hers to do with as she sees proper – it is her‘s and I will that she have it and control it and I here sign and acknowledge the same in the presence of       on the 2 October 1882.
A. P. Baxter                                                                               Ben X his mark Earnhart
J. M. Cunningham
 
State of Tennessee}
Bedford County} I, Will J. Muse, Clerk of thee County Court of said County hereby certify that thee above and foregoing is a full true and perfect copy of thee Last Will and testament of Benjamin Earnhart as proven and admitted to probate at thee November term 1882 of the County Court of Bedford County as appears and thee original now on file in my office.
Witness my hand at office this Dec. 4th 1882.
                                                                                                  Will J. Muse
                                                                                                                  Clk.

The Last Will and Testament contained the following genealogical information:

Wife - Susan [Maiden Name Unknown] {NOTE: not Stated is the fact that Susan is his 2nd wife. His first Wife was Harriett [MNU]

Son – G. W. Earnhart [George]

Son -- Wm. A. Earnhart

Son – Doc Earnhart  [Green L. “Doc”]

Daughter – Amy Earnhart Liggett and her husband John Henry Newton Liggett

Betty  Swiney – Relationship not stated.  Thus far I have not located Betty Swiney also mentioned in the Will is Powell Sweney. Are these two related? As of yet I don't have a clue! 

The three sons named above are sons of Benjamin’s 1st wife Harriet along with John Mary and James who are not mentioned in the Will.

Daughter Amy and (Martha not mentioned) are the daughters of Susan, 2nd wife of Benjamin Earnhart. 

Benjamin Earnhart and Harriett had the following children:

i. John Earnhart was born about 1832.

ii. George W. Earnhart was born about 1833.

iii. Mary Earnhart was born about 1835.

iv. William A. Earnhart, born abt 1837; married May .

v. James Earnhart was born about 1848 in Bedford County, Tennessee. 

vi. Green L. "Doctor" Earnhart was born about 1853 in Bedford County, Tennessee. 

Benjamin Earnhart and Susan were married. Susan was born about 1824 in Tennessee.

Benjamin Earnhart and Susan had the following children:

 i. Amy Earnhart, born 19 Aug 1860, Bedford County, Tennessee; married John Henry Newton Liggett, 29 Aug 1878, Bedford County, Tennessee; died 8 Dec 1897, Hanford, Kings, California.

ii. Martha Earnhart was born about 1865 in Bedford County, Tennessee.


It is not known when either wife passed away nor have Marriage dates been found for the two wives. Harriett, we know died between 1860 and 1870 and Benjamin married Susan between these dates.

An actual death date has not been found for Benjamin Earnhart; but, we know he died between 2 October 1882 (Execution of his Last WILL) and before 6 November 1882 (date of Bond naming Herman Harris the Administrator of the Estate of Benjamin Earnhart, deceased.)


Benjamin Earnhart is my 1st Cousin 5X Removed.



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1. Will - https://www.ancestry.com/imageviewer/collections/9176/images/004776092_00257?usePUB=true&usePUBJs=true&pId=3442030

2. https://www.ancestry.com/imageviewer/collections/9176/images/004776075_00436?usePUB=true&_phsrc=DCM851&_phstart=successSource&usePUBJs=true&pId=3425333

3. Land Deed - George Earnhart to his Son Benjamin Earnhart; 18 September 1835; Deed Book #FF; Page(s) 13; Register of Deeds; Shellyville, Bedford County, Tennessee; 10 January 2021.

4. Tennessee, United States, "Early Tax List Records, 1783-1895, 1836, Benjamin Earnhart, Early Tax List; page 211, Tennessee Archives, Nashville, Tennessee.

5. Tennessee, United States, "Early Tax List Records, 1783-1895," page 283, Benjamin Earnhart, Early Tax List.

6. Tennessee, United States, "Early Tax List Records, 1783-1895," page 101, Benjamin Earnhart, Early Tax List.

7. Tennessee, United States, "Early Tax List Records, 1783-1895," page 106, Benjamin Earnhart, Early Tax List.

8. 1850 U. S. Census, Bedford County, Tennessee, population schedule, District 18, Bedford, Tennessee, Page: 188A (Stamped), Line 35, Dwelling 49, Family 49, Household of Benjamin EARNHART; digital images, Ancestry.com (http://www.ancestry.com : viewed 22 October 2021); citing National Archives Microfilm M432.

9. 1860 U. S. Census, Bedford County, Tennessee, population schedule, Shelbyville PO, Western Division District 18, Bedford, Tennessee, Page 251 (Stamped), Line 15, Dwelling 1295; Family 1248, Household of Ben EARNHART; digital images, Ancestry.com (http://www.ancestry.com : viewed 22 October 2021); citing National Archives Microfilm M653.

10. 1870 U. S. Census, Bedford County, Tennessee, population schedule, District 18, Bedford, Tennessee, Page 328A & B (Stamped), Line 38, Dwelling 146, Family 150, Household of William EARNHART; digital images, Ancestry.com (http://www.ancestry.com : viewed 22 October 2021); citing National Archives Microfilm M593_.

11. 1880 U. S. Census, Bedford County, Tennessee, population schedule, District 18, Bedford, Tennessee, enumeration district (ED) 012, Page: 306A(Stamped), Line 35, Dwelling 3, Family 9, Household of Ben EARNHART; digital images, Ancestry.com (http://www.ancestry.com : viewed 22 October 2021); citing National Archives Microfilm T9_.

12. Benjamin Earnhart (1882), WILL BOOK: Last Will & Testament; WB 1, Pages 449 & 450; Probate Office, Shelbyville, Bedford County, Tennessee.

13. Bedford County, Tennessee, Wills and Probate Records, Benjamin Earnhart; digital images, Ancestry.com, Ancestry.com (http://www.Ancestry.com: viewed 3 December 2021); Appt of Administrator of Benjamin Earnhart Estate.

Saturday, January 22, 2022

The George Earnhart Family

Sometime before or about 1803, Margaret Keppel married George Earnhardt/Ear
nhart in Cabarrus County, North Carolina. This marriage date is estimated based on the birth of Sara Evelina Earnhart on 14 July 1803; their known first borne child.

Margaret Keppel was born abut 1759 a daughter of Peter Keppel, Sr. and Anna Elizabeth Grobb. She was also a younger sister to Catherine Kepple Dry, my 4th Great Grandmother. 

George Earnhart was borne 9 June 1759, a son of Phillip Earnhart; mother unknown.

George and Margaret had 4 children borne in Rowan County, three of which were baptized there at the Organ Lutheran Church between 1803 and 1809. It is unclear where their son James was borne in 1812.  By 1812, the family had relocated to Bedford County, Tennessee. 

In an affidavit, dated 26 April 1836,  for a Revolution War Pension, George Earnhart states that he remained [in NC] after the Revolution until about 24 years ago [1812]. I removed into Bedford County State of Tennessee near Shelbyville where I lived about seven years [till 1819] and then removed into this County where I have lived ever since and where I now live [Madison County, Tenn.].

George Earnhart on oath stated that he served two – 3 Month tours of duty but was unable to prove it to the satisfaction of the US Government and was denied the pension he had earned and deserved.

Pension Denial:

George Earnhart in the American Revolutionary War Rejected Pensions
Name: George Earnhart
Location: Jackson, Madison
Reason: Not six months' service.
https://www.ancestry.com/discoveryui-content/view/7469:4329?tid=&pid=&queryId=e0736264bfda252b174132ca2fd7db86&_phsrc=XLy242&_phstart=successSource

I found the birth of five children listed in a Family Bible and in the Organ Lutheran Church minutes; but, Census records show that George had about nine children. Thus its clear that all the children of George and Margaret HAVE NOT been identified.

At the death of Margaret's father, Peter Keppel, Sr. around October 1806 his estate was divided among the children. Margaret and her husband George Earnhart along with her other siblings are named within this Land Deed (DB 6, Pg 168).   

Page 168 
Know all men by these presents that I george Earenhart in wright of My Wife Margaret & I John Grub in wright of my Wife Elizabeth & I Martin dry in wright of My wife Catharine & I Henry  Kapple & Killian Kapple and Peter Kapple all of us lawfull Heirs & Legatees of Peter Kapple Deceased have Remised Released & forever quit claim for us our Heirs Execs Admins & by these presents do remise Release & forever quit Claim unto John Kapple of all that parcel of land Lying & being in the County of Cabarrus & State of No. Carolina & on the waters of little dutch Buffalow Creek…

By 1812, the Earnharts were in Bedford County, Tennessee. On 23 March 1815, George Earnhart purchased from Oliver B. Hays a 1000 acre tract of land along the Duck Rivers, about two miles south of the Mouth Falling Creek for twelve hundred dollars.

By 1819, George and Margaret were in Madison County which was short lived and back in Bedford in 1820.  

1820 CENSUS:

The 1820 Household of George and Margaret shows the two to be 45+ years of age (born bef 1775)  with the following children:

2 Males under 10;

2 Males age 10-15;

1 Male age 16-25;

2 Female ages 10-15

3 Female 16-25

That 10 Children and their parents in the George EARNHART household in 1820
Total Free White Persons: 12

1830 CENSUS

The 1830 Household of George and Margaret Earnhart has them and the following children:

1 male age 60-69 >> George Earnhart 

1 female age 50-59 >> Margaret (Keppel) Earnhart 

2 males age 15-19;

1 male age 20-29;

1 Female age 10-14;

3 Female 20-19;

1840 CENSUS:

The 1840 Census shows George and hi wife, whom I perceived to be Margaret Keppel Earnhart.

1840 CENSUS: Bedford, Tennessee, Page 60B (Stamped), Line 22; Household of George EARNHART; Male, age 70-79; and 1 Female [Wife], age 60-69.

It’s obvious that there are unidentified children belonging to this Couple.

Margaret (Keppel) Earnhart is believed to have died sometime between 1840 and 1850. No record of her death has been found; no tombstone, nor an obituary.  

The children of George and Margaret Keppel Earnhart that have been identified are:

i. Sara Evelina Earnhart was born on 14 Jul 1803 in Rowan County, North Carolina.

ii. Benjamin Earnhart, born 22 Jun 1805, Rowan County, North Carolina; married Harriett ; died bef 6 Nov 1882.

iii. Nancy Earnhart was born on 3 May 1807 in Rowan County, North Carolina.

iv. Daniel Earnhart, born 13 Feb 1809, Rowan County, North Carolina; married Martha; married Ann; died bef 2 Apr 1883.

v. James Earnhart was born on 10 Mar 1812 in Rowan County, North Carolina.

George Earnhart died March 1850, Bedford County, TN. from “OLD AGE”. In this Mortality Census he was listed as age 83. But his Revolutionary War Service Record show's he was born 9 June 1759 making him 90 years of age.

Margaret Keppel/Kepple/Kepley Earnhart/Earnhardt wife of George Earnhart/Earnhardt  is my 4th Great Grand Aunt.  

If you have any information on this family I would love to hear from you and share information.


_______________________

1. Ancestry, "Revolutionary War Service Records" database, Military Service Records (https://www.fold3.com : accessed 3 January 2020), entry for George Earnhart, Private; Revolutionary War; America.

2. 1790 U S Census, Rowan County, North Carolina, population schedule, Rowan, North Carolina, Page 318 (penciled), Line 2, Household of George ARENHART [EARNHART]; digital images, Ancestry (www.ancestry.com : viewed 3 January 2020); citing National Archives Microfilm M637.

3. Margaret B. Bost, Court of Pleas & Quarter Sessions: April 17, 1797 - April 17, 1805 (Cabarrus Genealogical Society: Self-Published, ©1995.), page 58.

4. Land Deed - Division of the Estate of Peter Kapple Sr.; 8 August 1807; Deed Book #6; Page(s) 168; Register of Deeds; Concord, Cabarrus County, North Carolina; 12 December 2020.

5. Ancestry,Military Service Records, database entry for George Earnhart, Private; Revolutionary War; America.

6. 1820 U. S. Census, Bedford County, Tennessee, population schedule, Bedford, Tennessee, Page 65 (penciled), Line 6;, Household of George EARNHEART; digital images, Ancestry.com (http://www.ancestry.com : viewed 3 January 2021); citing National Archives Microfilm M33.

7. George Earnhart, 5 June 1820; Tennessee, U.S., Early Land Registers, 1778-1927, Grant or Warrant Number: 259; Dept. of Archives and History, Nashville,Davidson County, Tennessee.

8. 1830 U. S. Census, Bedford County, Tennessee, population schedule, Bedford, Tennessee, Page 87 (penciled), Line 9, Household of George EARNHART; digital images, Ancestry.com (http://www.ancestry.com : viewed 3 January 2021); citing National Archives Microfilm M19_.

9. Land Deed - George Earnhart to his Son Benjamin Earnhart; 18 September 1835; Deed Book #FF; Page(s) 13; Register of Deeds; Shellyville, Bedford County, Tennessee; 10 January 2021.

10. 1840 U. S. Census, Bedford County, Tennessee, population schedule, Bedford, Tennessee, Page 60B (Stamped), Line 22, Household of George EARNHART; digital images, Ancestry.com (http://www.ancestry.com : viewed 3 January 2021); citing National Archives Microfilm M19_.

11. 1850 U. S. Census, Bedford County, Tennessee, mortality schedule, Bedford County, Tennessee, Page 27 (Penciled), Line 2, George EARNHART; digital images, Ancestry.com (http://www.ancestry.com : viewed 3 January 2021); citing National Archives Microfilm MRT573_2304.

12. Tennessee State Library and Archives, Tennessee State Library and Archives, Tennessee Bible Records (https://tnsos.net/TSLA/Bibleproject/browse.php?keyword=0&alpha=E&level=bible&option=all : viewed, download 3 December 2020), FAMILY BIBLE_GEORGE EARNHART, Earnhart 1.pdf, 14 July 1803–10 March 1812.

13. Ancestry,Military Service Records, database entry for George Earnhart, Private; Revolutionary War; America.

14. Land Deed - Division of the Estate of Peter Kapple Sr.; 8 August 1807; Deed Book # 6; page(s)168.