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.
__________________________
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.
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