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Sunday, June 2, 2024

52 Cousins~The Daniel Earnhart Last Will and Testament

Daniel Earnhart was born 13 February 1809 in Rowan County, North Carolina. His father was George Earnhart. 

Sometime before 1835, George Earnhart moved his family to Bedford County, Tennessee. 

There, Daniel Earnhart married a young lady name Martha [LNU] and they in turn were the parents of 7 children: 4 sons and 3 daughters.

Martha Earnhart died between 1870 and 1880; Daniel then married Ann [LNU] sometime before 1880. Ann, his 2nd wife, is named within his Last Will and Testament.     

Daniel Earnhart wrote his Last Will and Testament on 2 March 1883. He is believed to have died before 2 April 1883. This is based on an Estate Sales Lists dated 2 April 1883. 

Daniel Earnhart Will 


I Daniel Earnhart of the County of Bedford State of Tennessee make and publish this my Last Will and Testament hereby revoking and making void all former Wills by me at any time made and first I desire that my body be decently interred in the graveyard near my house Known as the Earnhart Graveyard, in a manner suitable to my condition in life - And as to such worldly estate it hath pleased God to entrust one with I devised of as follows. 

First.= I direct that all my debt and funeral expenses be paid as soon after my decease paid out of any money that I may die possessed of or may first come into the hand of my Executor from any portion of my estate real or personal.

Item Second- I give and bequeath to my Wife Ann my farm with its emoluments and appurtenances during her natural life - At her decease it is my wish and I shall Establish it= That my farm and lands be sold publicly or privately by my Executor  on one and two years' time - Also all the personally ???????- All stock and the money equally divided between my children including the children of my deceased daughter Harriett Paschal- It is my will that her children receive one Seventh of my estate.      

Item Third= I give and bequeath to my Wife Ann the following specified property (Viz) One Wagon two bay mares three head of sheep two milk cows and their calves one sow and three hogs Two bed Steads two beds and necessary bed clothing all the Chairs of the house, one bureau, one clock, one dining table, cooking Stove and utensils Cupboard, one cafe, one dining table, farming tools, loomes, one large wash pot, and she shall everything except by law. 

Item Fourth= I will and establish that my wife Ann, have and control all stock she may raise and sell, and everything she may make and all her household and kitchen furniture shall be hers to do with as she pleases. only the stock hogs and farming tools with my farms?? and lands revert back to my children as described and the money equally divided between my children (Viz) William, Malinda, Harriett Paschal’s Children, Mary Crowell, John, James and George. And of the death of any of these before this division takes place then their children must inherit their deceased Parents interest in my estate and I their Will and establish it. 

I do hereby make ordain and appoint my esteemed neighbor and friend Herman Harris my Executor of this my last Will and Testament. In Witness where of I Daniel Earnhart the said Testor have to this my will written on one sheet of paper set my hand and Seal this the 2 day of March 1883.

Signed, Sealed and} Daniel Earnhart {Seal}

acknowledged in}

the presence of us}

Herman Harris}

J. H. Liggett}



State of Tennessee}

Bedford County}

I,  Will J. Nease Clk of the County Court of Said County, hereby certify that the above and foregoing is a full true ??? paper Copy of the Last Will and Testament of Daniel Earnhart read & proven and admitted ?? to Probate at the April Term 1883 of the County Court of Bedford County as appeared proven. The original now on file in my office this April 16, 1883. 

                Will J. Nease, Clerk


Daniel Earnhart is my 1st Cousin 5X Removed.  






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1. Bedford County, Tennessee, FF: 49 & 50; Register of Deeds, Shelbyville, Bedford County, Tennessee.
2. Tennessee, United States, "Early Tax List Records, 1783-1895, 1836, Daniel EARNHART; Tennessee Archives, Nashville, Tennessee.
3. 1840 U. S. Census, Bedford County, Tennessee, population schedule, Bedford, Tennessee, Page 60B, Line 21; Household of Daniel EARNHART; digital images, Ancestry.com (http://www.ancestry.com: accessed 3 May 2022); citing National Archives Microfilm M19_.
4. 1850 U. S. Census, Bedford County, Tennessee, population schedule, District 18, Bedford, Tennessee, Page: 185A (Stamped); Line 7, Dwelling 2, Family 2, Household of Daniel EARNHEART; digital images, Ancestry.com (http://www.ancestry.com: accessed 2 May 2022); citing National Archives Microfilm M432.
5. 1860 U. S. Census, Bedford County, Tennessee, population schedule, Western Division District 18, Bedford, Tennessee, Page 248 (Stamped); Line 8, Dwelling 1241, Family 1195, Household of Daniel EARNHEART; digital images, Ancestry.com (http://www.ancestry.com: accessed 2 May 2022); citing National Archives Microfilm M653.
6. 1870 U. S. Census, Bedford County, Tennessee, population schedule, District 18, Bedford, Tennessee, Page: 327B(Stamped); Line 33, Dwelling 135; Family 139, Household of Daniel EARNHART; digital images, Ancestry.com (http://www.ancestry.com: viewed 6 June 2021); citing National Archives Microfilm M593_.
7. 1880 U. S. Census, Bedford County, Tennessee, population schedule; digital images, Ancestry.com (http://www.ancestry.com: accessed); citing National Archives Microfilm T9_.
8. https://www.familysearch.org/ark:/61903/3:1:S7WF-SVZF-S9
9. https://www.familysearch.org/ark:/61903/3:1:3QSQ-2P3S-R9

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