Saturday, May 31, 2025

52 Cousins~ Biography of John William Wadsworth (1856–1938)


Biography of John William Wadsworth (1856–1938)

Early Life and Family Background

John William Wadsworth was born on February 21, 1856, in Chesterfield, Chesterfield County, South Carolina. He was the son of Lewis H. Wadsworth (1832–1910) and Mary Ann Freeman (1829–1901). John grew up in a large family with several siblings, including:

Eliza Jane Wadsworth Hunt (1853–1920)

Susan Wadsworth Teal (1854–1936)

Nancy A. Wadsworth Odom (1859–1937)

Effie Wadsworth Rivers (1866–1935)

Jesse Thomas Wadsworth (1869–1940)

By 1860, four-year-old John was living in Chesterfield with his family, where his father was likely engaged in farming. Growing up in post-Civil War South Carolina would have exposed John to major societal and economic changes as the state rebuilt after the war.

Marriage and Children

John married Margaret Emaline Davis around January 1878, likely in Chesterfield County. Margaret was born in November 1853 and passed away in 1938, shortly after John.

Together, John and Margaret had five children:

J. Monroe Wadsworth (1878–1888) – Died young, just 10 years old.

Julia Ada Wadsworth (1880–1941) – Sometimes recorded as "Ida," she remained close to her parents, appearing with them in later censuses.

Mettie Jane Wadsworth (1882–1960) – Later became Mettie McKenzie.

James L. Wadsworth (1885–1921) – His death led to John being named administrator of his estate in 1921.

W. Carl Wadsworth (1892–1976) – Lived a long life and served as a surety for John during probate proceedings.

Life and Work

John was a farmer by trade, consistently recorded as such in census records from 1880 through 1930. His family moved around South Carolina over the decades, as shown in census records:

1880 – Living in Cole Hill, Chesterfield County, with wife Margaret and their young children. 

1900 – Residing in Stokes Bridge, Darlington County, where he continued farming.

1910–1930 – Settled in Hartsville, a town in Darlington County, where he lived for the remainder of his life.

In Hartsville, the household often included daughter Ada (Julia), who remained unmarried and lived with her parents into adulthood. His work in agriculture placed him in the center of rural South Carolina life during a time of transition from Reconstruction into the 20th century. The census records reflect his steady life and close-knit family.

Legal and Civic Duties

John took on responsibilities beyond his farm. In 1921, following the death of his son James, John was appointed administrator of James’s estate, as recorded in the probate files of Darlington County. He also served as a guardian to a minor (also named John William Wadsworth) the same year, providing financial security and oversight for the child’s upbringing. These duties speak to his reputation and trustworthiness within the community and family.

Later Years and Death

John lived a long life, reaching the age of 82. He died on March 10, 1938, in Darlington County, South Carolina, and was buried two days later at Hebron United Methodist Church Cemetery in Bishopville, Lee County. His wife Margaret died later that same year, marking the end of a long partnership that spanned six decades.

Legacy

John William Wadsworth left behind a legacy of family, hard work, and dedication. His descendants included farmers, caretakers, and community members who continued to live in South Carolina. His burial at Hebron United Methodist Church places him within a community of kin and neighbors, reflecting his deep ties to the region.


This biography is based solely on the genealogical details and records provided, without embellishment or addition of unverified facts.

Wednesday, May 28, 2025

North Carolina Supreme Court Case~Laura A. Page vs. Mary Ford et al.

 North Carolina Supreme Court Case Transcription

Case: North Carolina Supreme Court

Date: October Term 1883

Citation: 89-2 Rowan County

Parties: Laura A. Page vs. Mary Ford et al.


Case Summary

SMITH, C. J. The plaintiff, the widow of John A. Page, who died intestate and without issue, brings this suit against the four defendants, his sisters and heirs-at-law, and their husbands to procure an assignment of dower in the land described in her petition, whereof she alleges the intestate was seized and possessed of an estate in fee.

The defendants resist the plaintiff's claim and say that the intestate derived title to the land under the will of his father, Dempsey Page, made in 1879, by the provisions of which an estate for life only was devised to the said intestate, if he died without issue, with remainder to the defendants, Mary and Laura, in fee.

The solution of the controversy in respect to the title depends, therefore, upon the construction of the testator's will, so much of which as bears upon the issue is contained in the first four clauses, and is as follows:

"Item 1. I give and devise to my beloved son, John Allison, the plantation on which I now live, containing about 94 acres, lying on the north side of Sherrill's Ford road, adjoining Mrs. Krider, Mrs. Kesler, and others; also one-half of my old plantation, containing about 78 acres, lying on south side of Withcrow's creek and joining M. A. File, Mrs. Krider and others; also, my two-horse wagon and harness, together with two mules (his choice), one bedstead and furniture (his choice), one bureau (his choice), and provisions enough to last him and mules until he can make and save a crop."

"Item 2. I give and devise to my beloved daughter Mary May, seventy-five acres of land, to be taken off from the Shop place, on which they now live, to be taken off from said place next to M. A. File's fifty acres, being that run off by W. A. Houck and the other 25 acres, joining James F. Cowan and M. A. File; to have and to hold during their life-time, and then to go as hereinafter provided."

"Item 3. I give and devise to my beloved daughter Laura E., one-half of my old home place, of which mention is made in item 1; also, what will remain of the Shop place, after Mary's share is taken off; also, she is to have one good provision laid off to her for her and her two children."

"Item 4. It is my will that if any of my children die without legal bodily heirs, or children, then, and in that case, the effects herein willed to them to return to the balance of my children then living, or their children, if they are dead and have left my legal bodily heirs. In case of Mary and her husband, should she die first, her husband is to have the use of her effects during his lifetime and then return as afore stated."

The result of the controversy depends upon the interpretation put upon the word "effects," used by the testator in the contingent dispositions made in the event of the death of any of the devisees without issue. If it comprehends the lands previously given as well as the personal estate, the title of the intestate ceased at his death, and the right to dower does not attach; if the term is used in its more restricted and common acceptation, and confined to the personal property bequeathed, the plaintiff would be entitled to an allotment of dower in the lands devised to her husband.

"The fundamental rule in the construction of wills," as is said by BATTLE, J., "is to ascertain the intention of the testator, and for that purpose all the parts of the will are to be taken in view, and effect is to be given, as far as possible, to every clause." Owen v. Owen, 74, 124.

It is also a well-established rule of construction that a testator is presumed to use the words in which he expresses himself, according to their strict and primary acceptation, unless from the context it appears that he uses them in a different sense; in which case, the sense in which he thus appears to have used them, will be the sense in which they are to be construed. Wig. Wills Prop., 1 page 58.

That the term effects is capable of expansion, so as to embrace real and personal estate, when it is seen that such is the testator's intention, from an inspection of the provisions of the instrument, is established by just adjudications.

"I take effects," says LORD MANSFIELD, in interpreting a residuary disposition of all the testator's effects, both real and personal, "to be synonymous to worldly substance, which means whatever can be turned to value; and that, therefore, real and personal effects mean all a man's property." Hogan v. Jackson, Cowp., 294.

So, SIR WILLIAM GRANT, master of the rolls, declares in Colwell v. Prescott, 15 Ves., 507, "there is no case for the restricted sense which the grandchildren put upon the words 'all my effects whatsoever';" adding, "LORD MANSFIELD says, that the word 'effects' is equivalent to property or worldly substance."

To the same general purpose are the cases of Childs v. White, 4 East, 394; Holloway v. Laincelbury, 11 East, 200; Franklin v. Frout, 16 East, 394; 2 Williams Exrs., 854; Theob. Law of Wills, 150.

In a recent case which came before the Vice Chancellor, SIR RICHARD MALINS, the authorities were carefully reviewed, and it was decided that by the use of the words "I give all the rest, residue, moneys, chattels, and all my other effects," notwithstanding the association of the latter words with articles of personal property before enumerated, "the testator meant to include everything he had in the world, whether real property or personal property." Smith v. Smith, 5 Law Rep., Chan. Div., 561.

There are cases where the will disposes of "effects" with very comprehensive descriptive terms following, such as "of what nature soever," Hick v. Dring, 2 M. & K., 148; or where the language is, "all my effects," How v. Earle, 15 M. & W., 473, and where the will stated it held that land was not embraced; but in all, it is conceded that a larger scope will be given to the disposition where sense can be collected from other parts of the will that such was the testator's intention.

Thus, in the former of the two cases last cited, it is said: "If the court can see that the testator meant by it to pass his real estate, then the judgment must be for the plaintiff."

The inquiry recurs as to the meaning of the testator in the use of the word found in the clause limiting the property given in remainder, and we are at no loss in arriving at the sense in which he employs it.


Land only is devised to Mary, and in the concluding part of the fourth item it is in direct terms provided that, in case of survivorship, her husband shall have the use of her effects during his life-time. "Effects" are here applied to the devised land, and can have no other significance, for there is no other property to which they can attach.

Land is also given to the defendant Laura, with an allowance of provisions for the support of herself and children for one year. It cannot be supposed that articles intended to be consumed were to return to the other children in the event of the death of Laura without issue, and there is nothing but her land upon which this devise over can operate, so that it must have been in the mind of the testator when he described it as part of the "effects," thus limited.


Whatever may be the significance of the word unexplained by the context, it is plain that in choosing it the testator meant to include the devised lands given to each of his children, and in this sense we must give it operation.

There is error in the ruling of the court, and there must be judgment that the defendants go without day and recover their costs.

Error. Reversed.


A True Copy

Teste:

[Signature]

Clerk




Artificial Intellenfence, Claude.ai, Case Summary

Dower Rights Dispute in North Carolina Supreme Court

North Carolina Supreme Court Case - Page v. Mary Ford et al. Document # North Carolina Supreme Court Case Transcription


**Case:** North Carolina Supreme Court  

**Date:** October Term 1883  

**Citation:** 89-2 Rowan County  

**Parties:** Laura A. Page vs. Mary Ford et al.  


## Case Summary

**SMITH, C. J.** The Detailed Explanation

This is a North Carolina Supreme Court case from 1883 involving a dower rights dispute. Here's what's happening:


Background


John A. Page died intestate (without a will) and without children

His widow Laura A. Page is suing his four sisters (Mary Ford and others) for dower rights

Dower was a legal right that gave a widow a life interest in one-third of her deceased husband's real estate


The Central Issue

The key question is whether John A. Page actually owned the land in fee simple (full ownership) or only had a life estate. This matters because:


If he owned it outright → his widow gets dower rights

If he only had a life estate → no dower rights for the widow


The Father's Will

The dispute centers on interpreting the will of Dempsey Page (John's father) from 1879. The will gave:


Land to his son John Allison (the deceased)

Land to daughter Mary May for her lifetime

Land to daughter Laura E.

Crucially, Item 4 stated that if any child died without "legal bodily heirs," their "effects" would return to the surviving children


The Legal Question

The court had to interpret what "effects" meant in the will:


Narrow interpretation: Only personal property (furniture, livestock, etc.)

Broad interpretation: All property including land


The Court's Decision

The Supreme Court reversed the lower court and ruled that:


"Effects" in this context includes both personal property AND land

Since John died without children, his interest in the land reverted to his sisters

Therefore, John never had full ownership to pass dower rights to his widow

Laura A. Page loses - she gets no dower rights


Legal Significance

This case establishes an important precedent about interpreting wills, particularly that courts will look at the entire context of a will to determine what terms like "effects" mean, rather than using only dictionary definitions. The court's extensive citation of English and American precedents shows this was a well-established principle of will interpretation.

The widow essentially lost her claim to a life interest in valuable farmland because of how her father-in-law's will was written decades earlier.






________________________________________________________________ 
https://www.familysearch.org/ark:/61903/3:1:33SQ-GPGL-9XFX?view=fullText&keywords=Laura%2CPage%2CMary%2CNorth%20Carolina%2CRowan&lang=en&groupId=





Monday, May 26, 2025

MEMORIAL DAY 2025


 IN REMBERANCE

Luxembourg American Cemetery and Memorial
MEMORIAL DAY 2025








Saturday, May 24, 2025

52 Cousins~ William R. Eddins: A Family Biography (1816-1866)


Artificial Intelligence is a great tool for writing family friendly biographies of my ancestors. Typically, I use Claude 3.7 Sonnet artificial intelligence tool to create this biographical sketch. All data for these biographies have been researched exclusive by me. Once the biography has been created minor edits are very often made.

This ancestor biography was created with Claude 3.7 Sonnet with minor edits made by me.

William R. Eddins  (1816-1866) 

Early Life and Family Origins

William R. Eddins was born on March 24, 1816, in Pike County, Alabama, during a time when Alabama was still a young territory that had only achieved statehood five years earlier in 1819. He was the son of Richard Eddins (1783-1845) and Elizabeth Wilson (1795-1860), who were among the early settlers in the region.

William's father, Richard, was born in 1783 and lived through the Revolutionary War era as a child. Richard was clearly a man of some means, as evidenced by a land deed from July 29, 1820, when William was just four years old. This deed, recorded in Wilcox County's Land Deed Book "A" on page 3, shows Richard transferring property to his children, indicating the family had accumulated enough land and wealth to begin passing it down to the next generation.

Marriage and Family Life

At the age of 29, William married Eliza M. McDonald on June 17, 1845, in Pike County, Alabama. Eliza, born in 1825, was ten years younger than William. Their marriage license, issued on June 13, 1845, by Register Jefse W. Youngblood, shows the formal nature of their union and was certified by Isaac H. Hall.


William and Eliza were blessed with four children:

Elizabeth Eddins (born 1846)

William M. Eddins (born 1848)

John R. Eddins (1850-1928)

James Eddins (born 1852)


Tragically, William died in January 1866 at the age of 49, leaving 4 young children and maybe their mother during some of the most turbulent years in American history. It is not known when Eliza M. (McDonald) Eddins died. No record of her has been found after the 1860 Census for Milton, Santa Rosa, Florida. 


Life as a Farmer and Pioneer

William made his living as a farmer, which was typical for most men of his era in rural Alabama and Florida. The 1850 census shows the family living in Coffee County, Alabama, where William was recorded as a 32-year-old farmer. At this time, the family included his wife Eliza, 4-year-old Elizabeth, and 2-year-old William M.

By 1860, the family had made a significant move to Milton in Santa Rosa County, Florida. This relocation represents the kind of westward and southward migration that was common among farming families seeking new opportunities and better land. The 1860 census shows William, now 44, still working as a farmer, with his family now including all four children: Elizabeth (14), William M. (12), John (10), and James (8).


Historical Context: Living Through Turbulent Times

William's adult life spanned some of the most challenging periods in American history. His early married years (1845-1860) coincided with the Mexican-American War (1846-1848) and growing tensions over slavery that would eventually lead to the Civil War.

When the Civil War began in 1861, William was 45 years old with four children ranging in age from 9 to 15. Living in Florida, which seceded from the Union in January 1861, the Eddins family would have experienced the war's impact firsthand. Santa Rosa County, where they lived, saw Confederate activity and was affected by Union naval operations along the Gulf Coast.

The town of Bagdad, where William would eventually die, was actually occupied by Union forces during parts of the war due to its strategic location and lumber mills that were valuable to the war effort.


Final Years

William's final years were undoubtedly challenging. He may have faced the Civil War era as a single father with 4 young children to raise. It is not known when his wife, Eliza, passed away. . He died on January 27, 1866, in Bagdad, Santa Rosa County, Florida, at the age of 49. This was just ten months after the official end of the Civil War, during the early days of Reconstruction.

He was laid to rest in Bagdad Cemetery in Section 4, where his grave can still be visited today (Find A Grave Memorial #29652221). His death came at a time when the South was struggling to rebuild and recover from the devastation of war.


Legacy and Family Continuation

Despite his relatively short life, William's legacy continued through his children. His son John R. Eddins lived a remarkably long life, dying in 1928 at the age of 78, which means he witnessed everything from the Civil War and Reconstruction through World War I and into the Roaring Twenties.

William's story represents that of countless American families who moved west and south in search of opportunity, faced the challenges of frontier life, experienced the tragedy of early death (both his own and his wife's), and persevered through one of the most difficult periods in American history. His family's journey from Alabama to Florida reflects the broader patterns of 19th-century American migration and settlement.


Historical Significance of the Era (1842-1866)

William's adult life coincided with several major historical events:

1845: Texas annexed to the United States (the year of his marriage)

1846-1848: Mexican-American War, which greatly expanded U.S. territory

1849: California Gold Rush began

1850: Compromise of 1850 attempted to resolve slavery tensions

1854: Kansas-Nebraska Act further inflamed sectional tensions

1860: Abraham Lincoln elected president; South Carolina seceded

1861-1865: American Civil War

1863: Emancipation Proclamation

1865: Assassination of Abraham Lincoln; beginning of Reconstruction

Living through these tumultuous times as a farmer and family man in the South, William would have witnessed firsthand the transformation of American society and the particular challenges faced by his region during and after the Civil War.


William R. Eddins is my 1st Cousin 4X Removed.  



_________________________________

 1. Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com: accessed January 2024); Memorial page for William R. Eddins; (24 March 1816–27 January 1866); Find a Grave memorial # 29652221, Citing Bagdad Cemetery; Bagdad, Santa Rosa County, Florida, USA. 

 2. Land Deed - Richard Eddings to His Children; 29 July 1820; Deed Book #"A"; Page(s) 3; Register of Deeds; Butler, Wilcox County, Alabama; 30 June 2019. 

 3. 1850 U. S. Census, Coffee County, Alabama, population schedule, Coffee County, Alabama, Page: 323B (stamped); Line 13, Dwelling 809, Family 809, Household William R EDDENS [EDDINS]; digital images, Ancestry.com (http://www.ancestry.com: viewed January 2024); citing National Archives Microfilm M432 Roll 3. 

 4. 1860 U. S. Census, Santa Rosa County, Florida, population schedule, Milton, Santa Rosa, Florida, Page: 660A (stamped); Line 7, Dwelling 104, Family 104, Household of William R EDDINS; digital images, Ancestry.com (http://www.ancestry.com: online January 2024); citing NARA publication Roll: M653_. 

 5. "Alabama Marriages, 1816-1942," database, Ancestry (http://www.ancestry.com: online January 2024), Marriage William R. Eddins and Eliza M. McDonald; https://www.ancestry.com/interactive/61365/TH-1-17904-94022-34

Saturday, May 17, 2025

52 Cousins~ Captain Daniel Cook Sellers

 Captain Daniel Cook Sellers: 

Early Life and Family Roots


Daniel Cook Sellers was born around January 28, 1818, in Anson County, North Carolina. He was the son of Samuel Sellers (1788-1852) and Alice "Allie" Cook (1788-1847). Growing up in the antebellum South, Daniel was raised during a time when North Carolina was experiencing significant changes, with increasing cotton production and westward migration.

Daniel's childhood unfolded during the 1820s and 1830s, a period when many North Carolina families were seeking new opportunities in the fertile lands of Alabama and Mississippi. This was the era of "Alabama Fever," when cotton planters were moving west to capitalize on the rich Black Belt soil that ran through central Alabama.

Move to Alabama and Establishment

Like many families from the Carolinas, the Sellers family relocated to Alabama, settling in Wilcox County. By 1850, Daniel was living with his father Samuel in Wilcox County, Alabama, as shown in the census where Daniel was recorded as a 30-year-old son in his father's household.

When Samuel Sellers died in 1852, Daniel, then about 32 years old, took on the responsibility of administering his father's estate. On October 4, 1852, he was appointed Administrator of the Estate of Samuel Sellers in Wilcox County, Alabama, posting a substantial bond of $100,000 – a testament to the considerable wealth of the Sellers family.

Life as a Planter in Wilcox County

By 1860, Daniel had established himself as a successful farmer in the Western Division of Wilcox County. The census that year recorded him as 40 years old with impressive holdings: real estate valued at $29,000 and personal property (likely including enslaved people) worth $108,705. These substantial figures place him among the wealthy planter class of the antebellum South.

Interestingly, the 1860 census shows that Daniel was sharing his home with Samuel Sellers (age 17) and Sidney P. Sellers (age 15), who were actually his nephews – the sons of his brother Calvin Cook Sellers. This suggests that Daniel may have taken on a paternal role for his brother's children, further demonstrating his sense of family responsibility.

Military Service in the Civil War

When the Civil War erupted in 1861, Daniel, like many Southern men of his class and position, joined the Confederate forces. He was commissioned as a Captain on January 30, 1862, in the Alabama River Rangers – Company "C" of the 3rd Alabama Cavalry. His military service continued throughout the war years from 1861 to 1865, during which time he would have participated in various campaigns and battles as part of the Confederate cavalry forces.

The 3rd Alabama Cavalry was active in numerous engagements throughout the war, including operations in Tennessee, Georgia, and Alabama. Captain Sellers would have experienced the hardships and dangers of cavalry service during this tumultuous period in American history.

Post-War Life and Legal Responsibilities

After the Civil War, Daniel returned to Wilcox County where he continued to manage his affairs. In November 1866, he took on the role of administrator for the estate of Daniel Cook, Jr., showing his continued involvement in family and community matters.

That same month, on November 10, 1866, Daniel was named as an heir in the will of Daniel Cook, Jr., suggesting a close family connection, possibly through his mother's Cook family line.

Marriage and Family

Later in life, on November 11, 1868, Daniel married Eliza P. Nettles Hill (1829-1876), a widow. The marriage took place at the residence of T.H. Watson (Theodore Henry Watson), who was married to Sarah E. "Sallie" Pritchett, the daughter of John Dickson and Martha A. Nettles Pritchett – likely indicating a connection between the families.

The following year, Daniel and Eliza welcomed their only child, Dannie Sellers, born in 1869. Sadly, young Dannie would live only until 1874, passing away at around five years of age.

Final Days

Daniel's life came to an untimely end when he died of pneumonia on November 15, 1869, at his residence near Camden, Wilcox County, Alabama. He was only 51 years old. The Wilcox News and Pacificator announced his passing on November 23, 1869, noting: "A good man has fallen. 'In the midst of life we are in death,' which has been verified in the sudden and unexpected death of Daniel C. Sellers, which occurred at his residence near Camden on the 15th inst. Peace to his remains."

Legacy

Captain Daniel Cook Sellers was laid to rest in Camden Cemetery, Wilcox County, Alabama, where his grave notes his service as a Confederate soldier with the inscription "Alabama River Rangers -- Company 'C', 3rd Alabama Cav."

Daniel's widow, Eliza, survived him by about seven years, passing away in 1876.

Historical Context

Daniel Cook Sellers lived through some of the most transformative periods in American history. Born during the Era of Good Feelings following the War of 1812, he witnessed the rapid expansion of the United States, the growing tensions over slavery, the devastating Civil War, and the beginning of Reconstruction.

His life as a planter in Alabama's Black Belt placed him at the center of the cotton economy that dominated the antebellum South. The Civil War and its aftermath would have dramatically changed his world, as the slave-based economy collapsed and the South began the difficult process of rebuilding.

The fact that Daniel was able to maintain his position in the community after the war, taking on responsibilities such as estate administration and making a late-life marriage, suggests he was able to adapt to the changing circumstances of the post-war South better than many of his contemporaries.

Captain Sellers' story provides a window into the life of a Southern planter during a pivotal era in American history, from the expansion of cotton agriculture through the Civil War and into the early years of Reconstruction.


Captain Daniel Cook Sellers is my 2nd Cousin 5X Removed. 



_______________________________________

Researched and authored by Charlie Purvis and Claude 3.7 Sonnet

1. 1860 U. S. Census, Wilcox County, Alabama, population schedule, Western Division, Wilcox, Alabama, Page: 1144 (Stamped); Line 38, Dwelling 241, Family 241, Household of Daniel C. SELLERS; digital images, Ancestry.com (http://ancestry.com: viewed 4 November 2018); citing National Archives Microfilm M653_26.

2. 1850 U. S. Census, Wilcox County, Alabama, population schedule, Wilcox, Alabama, Page: 363A (stamped); Line 39, Dwelling 265, Family 265, Household of Samuel SELLARS; digital images, Ancestry.com (http://www.ancestry.com: viewed 3 June 2018); citing National Archives Microfilm M432 Roll 16.

3. Wilcox County, Alabama, Will Book 3: page 90 Administrative Bond Samuel Sellers Estate; Probate Office, Camden, Wilcox County, Alabama.

4. Ancestry, "Civil War Service Records" database, Military Service Records (https://www.fold3.com/: accessed 4 November 2018), entry for Daniel Cook Sellers, Capt.; Alabama River Rangers -- Company "C", 3rd Alabama Calvary; Confederate.

5. Wilcox County, Alabama, Probate Files & Loose papers, Probate File Danie and Cook Sellers; "Wilcox County Court Minutes," digital images, Ancestry, Ancestry.com (https://www.ancestry.com/discoveryui-content/view/2994809:8799: online November 2024); https://www.familysearch.org/ark:/61903/3:1:3Q9M-C95W-4CN7.

6. Daniel COOK Jr. (1866), WILLS & TESTAMENTS: Last Will and Testament; Will Book 6; pages 102-107; Wilcox County Probate, Camden, Wilcox County, Alabama.

7. 1870 U. S. Census, Wilcox County, Alabama, mortality schedule, Camden, Wilcox, Alabama, USA, Page xx, Line 21, D. C. Sellers; digital images, Ancestry.com (http://ancestry.com: viewed 4 November 2018); citing National Archives Microfilm XX_003.

8. Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com: accessed 4 November 2018); Memorial page for Daniel Cook Sellers; (1820–November 1869); Find a Grave memorial # 47835676, Citing Camden Cemetery; Wilcox County, Alabama, USA.

9. Wilcox News and Pacificator, "Death of Daniel C Sellers," Death Notice, Wilcox News and Pacificator, Camden, Alabama, 23 November 1869, Death of Daniel C Sellers.

10. "Alabama Marriages, 1816-1942," database, Ancestry (http://www.ancestry.com: Viewed 4 November 2018), Marriage- Daniel C. Sellers & Mrs. Eliza P. Hill; Marriage Date: 11 Nov 1868.




Wednesday, May 14, 2025

The Whistler Affair: Gilbert J. Deese and the Death of Deputy Thomas

On the night of January 10, 1893, in the small community of Whistler, Alabama, a confrontation occurred that would become "one of the most noted chapters in the criminal annals" of Mobile County. Gilbert J. Deese, a man of good reputation according to character witnesses, found himself in an encounter with Deputy Sheriff J. Westley Thomas that would forever alter the course of his life.

The Fatal Night

The events began when Deputy Thomas arrested Deese that evening. After Deese posted bond, the two men, along with Deese's nephew John Ryan, began drinking together. According to Deese's testimony, they later started walking from his house toward the village when the conversation took a dark turn.

"People said I couldn't take you, but I can take any d---d man," Thomas reportedly boasted.

Deese replied that he was a peaceable, law-abiding man who could be taken by anyone without resistance. This seemed to agitate Thomas, who accused Deese of lying and hiding a man named John Connors from him. When Deese denied this, Thomas allegedly said, "I'll do you just like I did Mike Fincher."

This was no idle threat. Thomas had killed a man named Mike Fincher just a week prior, and Deese would have been well aware of this fact.

What happened next was quick and deadly. According to Deese's testimony, Thomas made a movement suggesting he was reaching for a weapon. Deese backed away, warning, "Don't do that, Wes." But as Thomas continued to advance, Deese drew his .45-caliber Colt's revolver and fired six shots in rapid succession.

Even after emptying his pistol, Deese testified that Thomas continued attacking him. Deese then resorted to using his pistol as a club, striking Thomas over the head and shoulders. During the struggle, Deese stumbled, and Thomas fell on top of him. Deese continued to beat Thomas with the reversed pistol. John Ryan's role, according to testimony, was limited to pulling Thomas off of Deese after the fight. Deese believed Thomas died while on top of him.

Notably, no weapon was found on Thomas's body, and neither Deese nor Ryan claimed to have seen Thomas with a pistol or other weapon during the confrontation.


The Aftermath and Flight

Following the deadly encounter, Deese and Ryan fled to Mississippi. While the defense attempted to establish that they were going to seek money to hire lawyers for their defense, the court ruled that a witness could not testify about his intentions, and such questions were overruled.

The flight would ultimately count against Deese at trial, though his nephew John Ryan would fare better in the eyes of the jury.


The Trial

The trial began on January 15, 1894, just over a year after the killing. It garnered tremendous public interest, with the courtroom "crowded to suffocation" according to newspaper accounts—so much so that Judge Semmes adjourned court an hour earlier than usual one day.

Among those attending were Colonel John J. Ryan, Sr. of Ellisville, Mississippi, and his wife, the parents of defendant John Ryan, as well as J.K. Almon, editor of The Canton (Mississippi) Democrat, and his wife, who was Ryan's sister.

Character witnesses played a significant role in the trial. The preponderance of evidence suggested that Deputy Sheriff Thomas had the "general reputation of a bad, desperate man," while defendants Deese and Ryan were said to have "excellent" reputations.

After four days of testimony and deliberation, on January 22, 1894, the jury returned its verdict: Gilbert J. Deese was found guilty of murder in the second degree and sentenced to ten years in the penitentiary. His nephew, John Ryan, was acquitted of all charges.


Imprisonment and Early Release

Deese was formally sentenced on January 27, 1894, and was turned over to F.M. Connell, representing the Sloss Steel & Iron Company, on January 31. This arrangement was part of Alabama's convict-lease system, where prisoners were essentially leased to companies for labor.

However, Deese would not serve his full ten-year sentence. In December 1894, before leaving office, Governor Thomas G. Jones commuted Deese's sentence from ten years to just one year. As a result, Deese was released from the penitentiary on Sunday, January 27, 1895, having served exactly one year of his original sentence.


Later Life and Death

After his release, Deese eventually made his way to Mexico. On Sunday, June 19, 1898, Gilbert J. Deese died of typhoid fever in the city of San Luis Potosí, Mexico. He was approximately 42 years old.

Born around 1856 in Jasper County, Mississippi, to Edward Deese and Lucinda Stephens, Gilbert never married as far as records indicate. His encounter with Deputy Thomas, the subsequent trial, and his brief imprisonment remains his most documented legacy.

What began as an arrest on an ordinary January night in Whistler became a deadly confrontation between two men—one a deputy with a reputation for violence, the other a man described as having an excellent character. The true nature of their fatal encounter died with them, leaving only testimony, newspaper accounts, and court records to tell an incomplete tale of what happened that night in Whistler, Alabama.

Gilbert J. Deese is my 2nd Cousin 3X Removed.



_______________________________________

Authors: Charlie Purvis and Claude.ai

1.[The Birmingham News, Birmingham, Alabama, 31 Jan 1895, Thu., Page 7, column 5.]

2. https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYD-HQCL-Z?view=fullText&keywords=Gilbert%20J%2CDease&lang=en&groupId=TH-909-78668-115150-40

3. https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYD-HQCX-7?view=fullText&keywords=Gilbert%20J%20Dease%2CGilbert%20J%2CDease&lang=en&groupId=TH-909-78668-115150-40

4. https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSYD-HQCG-X?view=fullText&keywords=Gilbert%20J%2CDease&lang=en&groupId=TH-909-78668-115150-40

5. [https://www.newspapers.com/image/465130418/?match=1&terms=gilbert%20j.%20dease]


Saturday, May 10, 2025

52 Cousins~Archibald Alexander Sides

Archibald Alexander Sides (1842–1929).

*Concord Township, Iredell County, North Carolina*


Birth, Early Life and Family Roots

Archibald Alexander Sides was born in October 1842 in Iredell County, North Carolina, to Daniel Sides (1806-1881) and Esther Dry (1805-1881). He grew up on the family farm in rural Iredell County during the pre-Civil War era. As a young boy of 8, Archibald appeared in the 1850 census living with his parents in Iredell. During this time, North Carolina was developing as an agricultural state, with family farms like the Sides' being common throughout the region.

The 1850s were a period of growing tension in the United States over the issue of slavery, which would have affected life in North Carolina. Archibald spent his formative years during this turbulent time in American history, turning 18 just as the 1860 census recorded him still living at home with his parents in the South of the River area of Iredell County.

His Siblings:

Archibald was part of a large family. His siblings were:

i. Jacob W. C. Sides, born 4 Apr 1825, Cabarrus County, North Carolina; married Emily C. Lewis; died 2 Jan 1906, Iredell County, North Carolina.

ii. Noah Sides was born in Jan 1826 in Cabarrus County, North Carolina. Noah died on 26 Feb 1911 at the age of 85 in Iredell County, North Carolina. 

iii. Christopher Sides, born 21 Feb 1829, Cabarrus County, North Carolina; married Mary Ann Tays, 22 Jul 1858; died 2 Oct 1862, Winchester, Virginia.

iv. Charles Daniel Sides, born 7 Sep 1831, Iredell County, North Carolina; married Sarah Matilda Lewis; died 8 Feb 1865, Elmira, Chemung, New York.

v. Caroline Lydia Sides was born in Oct 1833 in Iredell County, North Carolina. She died on 21 May 1916 at the age of 82 in Coward, Iredell, North Carolina. She was buried on 22 May 1916 at Concord Church.

vi. Elizabeth C. Sides was born in Nov 1835 in Iredell County, North Carolina. She died on 2 Jan 1909 at the age of 73 in Iredell County, North Carolina.

vii. Esther Adeline Sides, born 14 Nov 1835, Iredell County, North Carolina; married James B. Lewis, abt 1857; died 7 Jan 1907, Iredell County, North Carolina.

viii. Daniel Martin Sides was born about 1839 in Iredell County, North Carolina.

ix. Sarah Elvina "Sallie" Sides was born in Aug 1840 in Iredell County, North Carolina.

x. Margaret Selena "Lena" Sides was born in Jun 1845 in Iredell County, North Carolina. She died on 28 Sep 1927 at the age of 82 in Concord, Iredell, North Carolina. She was buried on 29 Sep 1927 in Concord, Iredell, North Carolina.

xi. James M. Sides was born on 7 Feb 1848 in Iredell County, North Carolina. He died on 18 Mar 1919 at the age of 71 in Statesville, Iredell, North Carolina.

The family also had nieces who lived with them at various times, including Adeline C. Lewis (born November 1835) and Prudie V. Lewis (born September 1858).

Based on the available records, there is no indication that Archibald ever married or had children of his own. He appears to have remained single throughout his life, living with his siblings well into adulthood.

Civil War Era

Archibald turned 19 years old in 1861, just as the Civil War began. As a young man from North Carolina, which seceded from the Union on May 20, 1861, Archibald would have lived through the entire conflict. While the document doesn't specifically mention his military service, many young men his age from North Carolina served in the Confederate Army. No record of Archibald serving could be found.

During this tumultuous period, North Carolina contributed more soldiers to the Confederacy (and suffered more casualties) than any other Southern state. Iredell County, where Archibald lived, sent many of its young men to war and was also the site of some military operations and supply activities. 

The war years would have been challenging for the Sides family, as the conflict brought economic hardship, food shortages, and concern for family members who may have been involved in the fighting. No record of Archibald serving could be found; but he did lose two brothers to the War, Christopher Sides and Charles Daniel Sides. 

Middle Years

After the Civil War, Archibald continued to live with his family in Iredell County. The 1880 census shows him at age 38 still living at home with his father Daniel, who would pass away the following year. This period was marked by Reconstruction in the South, which brought significant economic and social changes to North Carolina.

By the 1900 census, Archibald, then 58 years old, was living with his brother Noah and several siblings in Concord, Iredell County. The family unit appears to have remained close, with multiple siblings sharing a household. This arrangement continued into the 1910 census, when Archibald was 68 years old.

During these decades, North Carolina was transitioning from a purely agricultural economy to one with growing industrial elements, particularly textiles. Rural areas like Iredell County were gradually changing, though farming remained important to the local economy.

Later Years and Legacy

The 1920 census shows Archibald at age 77 as the head of his household in Concord, Iredell County, living with his sisters Sarah E. and Margaret S. Sides, along with his niece Prudie V. Lewis. By this point, Archibald was listed as a farmer, continuing the family's agricultural tradition well into his later years.

Archibald lived through remarkable historical periods including the aftermath of the Civil War, Reconstruction, the Spanish-American War, World War I, and the beginning of the Roaring Twenties. He witnessed the introduction of automobiles, telephones, electricity, and radio to American life. From horse-drawn carriages to the early days of aviation, Archibald's lifespan covered a period of unprecedented technological change.

Archibald Alexander Sides passed away on June 3, 1929, in Statesville, Iredell County, North Carolina, at the age of 86 (though his death certificate listed him as 88). He was buried the same day at Concord Presbyterian Church Cemetery in Statesville. His grave can be found with Memorial ID #240423251 on Find A Grave.

Historical Context

During Archibald's lifetime (1842-1929), Iredell County and the United States underwent tremendous transformation:

Railroads began arriving in the late 1850s and expanded after the war, increasing access to goods and markets.

Textile mills began operating in the region by the 1890s, introducing new forms of labor and income.

Statesville, the county seat, grew into a regional center for trade and government during Archibald’s later years.

He was born during the presidency of John Tyler

He lived through the Civil War (1861-1865)

He witnessed the assassination of President Lincoln (1865)

He saw the completion of the Transcontinental Railroad (1869)

He lived through the Spanish-American War (1898)

He experienced World War I (1914-1918)

He witnessed women gaining the right to vote (1920)

He lived through the early years of Prohibition (1920-1929)

He experienced the beginnings of the Great Depression, passing away just months before the stock market crash of October 1929

Archibald's long life in Iredell County represents a connection to both the agricultural traditions of the American South and the nation's journey through some of its most defining moments. Though he appears to have lived a quiet life without spouse or children, his presence as a constant member of the Sides family household suggests he played an important role in maintaining family bonds through decades of American history.


Archibald Alexander Sides is my 1st Cousin 4X Removed.



_________________________________
1. Blog post format courtesy of Claude.ai
2. 1900 U. S. Census, Iredell County, North Carolina, population schedule, Concord, Iredell, North Carolina, enumeration district (ED) 0090, Page: 4A/76 (stamped); Line 25, Dwelling 68, Family 69, Household of Noah SIDES; digital image, Ancestry.com (http://www.ancestry.com: viewed 8 November 2016); citing National Archives Microfilm T623. 
3. 1850 U. S. Census, Iredell County, North Carolina, population schedule, Iredell, North Carolina, Page: 404B (stamped); Line 4, Dwelling 6, Family 6, Household of Danl SIDES; online database, Ancestry.com (http://www.ancestry.com: viewed 14 November 2014); citing National Archives Microfilm Publication M432, Roll 634. 
4. 1860 U. S. Census, Iredell County, North Carolina, population schedule, South of the River, Iredell, North Carolina, Page: 252(stamped); Line 39, Dwelling 1068, Family 1031, Household of Danl SIDES; online database, Ancestry.com (http://www.ancestry.com: viewed 14 November 2016); citing National Archives Microfilm Publication M653, Roll 902. 
5. 1880 U. S. Census, Iredell County, North Carolina, population schedule, Concord, Iredell, North Carolina, enumeration district (ED) 140, Page: 35D (stamped); Line 1, Dwelling 61, Family 61, Household of Daniel SIDES; digital image, Ancestry.com (http://www.ancestry.com: viewed 8 November 2016); citing National Archives Microfilm T9, Roll 968. 
 6. 1910 U. S. Census, Iredell County, North Carolina, population schedule, Concord, Iredell, North Carolina, enumeration district (ED) 0073, Page: 10B/114 (stamped); Line 70, Dwelling 171, Family 173, Household of Noah SIDES; digital image, Ancestry.com (http://www.ancestry.com: viewed 8 November 2016); citing National Archives Microfilm T624. 
7. 1920 U. S. Census, Iredell County, North Carolina, population schedule, Concord, Iredell, North Carolina, enumeration district (ED) 86, Page: #1A; Line: #1, Family: #1, Dwelling: #1, Household of Arch A. SIDES; digital image, Ancestry.com (http://www.ancestry.com: online February 2024); citing National Archives Microfilm T625. 
8. A A Sides, death certificate 200 (3 June 1929), NC State Archives., North Carolina Deaths, 1908-67, Raleigh, Wake, North Carolina. 
9. Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com: accessed January 2024); Memorial page for Archibald Alexander Sides; (October 1842–3 June 1929); Find a Grave memorial # 240423251, Citing Concord Presbyterian Church Cemetery; Statesville, Iredell County, North Carolina, USA

Saturday, May 3, 2025

52 Cousins~John Peter Kepley

Early Life and Family Origins

John Peter Kepley was born on March 8, 1795, in Rowan County, North Carolina. He was the son of Killian Keppel (born around 1757), though his mother's name is not recorded in the available documents. John was baptized shortly after his birth, on May 29, 1795, at the Organ Lutheran Church in Rowan County. His baptismal sponsor was listed as "P. Keppel," most likely his father. 

Growing up in late 18th century North Carolina, John would have experienced life in a rural farming community. The 1800 census shows him living in Salisbury, Cabarrus, North Carolina, as a young child of about 5 years old. At this time, he would have been part of the household headed by either Peter Kepley Sr. or Peter Kepley Jr., suggesting these men might have been relatives, possibly uncles or older brothers.

Marriage and Family

On April 9, 1821, at the age of 26, John married Rachael Simison in Rowan County, North Carolina. Rachael was born around 1799. Dunigan Dunn served as bondsman for their marriage, with Henry Giles as witness, as was customary for marriage bonds of that era.

John Peter Kepley and Rachael Simison had the following children:

i. Anna Kepley, born abt 1823, Rowan County, North Carolina; married Tobias Goodman, 14 Mar 1842, Rowan County, North Carolina; died bef 13 Nov 1852.

ii. Nancy Mariella Kepley, born abt 1825, Rowan County, North Carolina; married Daniel Harkey, 1 Aug 1861.

iii. Milas Alexander Kepley, born 1 Nov 1825, Davidson County, North Carolina; married Margaret Lyerly, 21 Jul 1850, Rowan County, North Carolina; died 19 Aug 1862, North Carolina.

iv. MaryAnn Kepley, born abt 1831, Rowan County, North Carolina; married Samuel Canup, 8 Mar 1850, Rowan County, North Carolina; died May 1880, Rowan County, North Carolina.

v. Jacob Nathaniel Kepley, born 25 Apr 1832, Rowan County, North Carolina; married Delia Loretta Johnson, 26 Feb 1856, Rowan County, North Carolina; died 26 Feb 1888, Salisbury, Rowan, North Carolina.

vi. Jane Catherine Kepley, born 29 Aug 1834, Gold Hill, Rowan, North Carolina; married Noah Canup, 20 Dec 1851; died 29 Oct 1909, Salisbury, Rowan, North Carolina.

vii. Christal Lavinia "Crissy" Kepley, born 2 Sep 1839, Rowan County, North Carolina; married James Isaac Eller, 5 Feb 1866; married Jacob C. Brown, 23 Feb 1871, Rowan County, North Carolina; died 2 Jan 1904, Rowan County, North Carolina.

viii. Robert Warner Kepley, born 21 Apr 1839, Rowan County, North Carolina; married Sarah Louvina Holshouser, 17 Mar 1859, Rowan County, North Carolina; died 24 Jul 1872, Raleigh, Wake, North Carolina.

ix. George Calvin Kepley was born about 1843 in Rowan County, North Carolina. 14 He served in the military on 28 Feb 1862 in Civil War. He died on 16 Sep 1862 at the age of 19 at Sharpsburg, Maryland.

Raising nine children would have kept John and Rachael busy throughout their adult lives, with their children spanning a 20-year age range from oldest to youngest.

On December 19, 1808, John Kepley of Rowan County sold a tract of land consisting of 300 acres of land located both sides of Abbots Creek in Rowan County for $600.00 dollars. John Kepley granted full ownership rights to Frederick Michael, his heirs, executors, administrators, and assigns. The deed includes a warranty clause where Kepley promises to defend the title against all lawful claims.

The census records from 1830 and 1840 show that John continued to live in Rowan County, North Carolina, throughout his adult life. As a man born in the late 18th century, John likely made his living as a farmer, which was the predominant occupation for men in rural North Carolina during this period.

The 1830 census lists John as between 30-39 years of age, with his wife Rachael also between 30-39. At this time, they had three young daughters and one young son living in their household.

By the 1840 census, the Kepley family had grown. John and Rachael, now in their 40s, had several more children: three sons of varying ages and four daughters. The growing family reflected the typical pattern of large families common in rural America during this era.

Final Years

John Peter Kepley died before August 24, 1849, at approximately 54 years of age, in Rowan County, North Carolina. The exact date of his death is not recorded, but probate proceedings for his estate began on August 24, 1849, when Lewis Rothrock (Justice of the Peace) along with Henry Lentz, Leonard Klutz, and James Porter (freeholders) proceeded to view his estate.

Isaac Ribelin was appointed as the administrator of John's estate. The probate records indicate that provisions were made for his widow, Rachael, who survived him. The settling of his estate would have included the distribution of his "Crop Stock and provisions" among his heirs, according to the customs and laws of that time.

John's life spanned a period of significant change in American history. Born just a few years after the ratification of the U.S. Constitution, he lived through the War of 1812, the presidency of Andrew Jackson, and the growing tensions that would eventually lead to the Civil War, though he did not live to see the conflict itself. Two of his sons, Milas Alexander and George Calvin, would die in 1862, likely as casualties of the Civil War.

Through his nine children, John Peter Kepley left a significant legacy in Rowan County, with many descendants continuing to live in the area long after his death. His connection to the Organ Lutheran Church also reflects the strong German Lutheran heritage present in this part of North Carolina.


John Peter Kepley is my 1st Cousin 5X Removed. 


___________________________________

1. Bernard Cruse, Records and Minutes of The Organ Lutheran Church: 1774-1955 (Wilmington, North Carolina: Self-Published, 1957), Page 49, Image 114 of 322.

3. 1800 U S Census, Cabarrus County, North Carolina, population schedule, Salisbury, Cabarrus, North Carolina, Page: 713; Line 4, NL, Household of Peter Kepley Sr.; digital images, Ancestry (www.ancestry.com: online February 2024); citing National Archives Microfilm M32, Roll 29.

4. 1830 U S Census, Rowan County, North Carolina, population schedule, Rowan, North Carolina; Page NL, Line 6, Household of John Peter KEPLEY, John Peter KEPLEY; digital images, Ancestry (www.ancestry.com: online December 2023); citing National Archives Microfilm M19, Roll 124.

5. 1840 U S Census, Rowan County, North Carolina, population schedule, Rowan, North Carolina, Page#22 (Stamped); Line#30 (Last Line), Household of John Peter KEPLEY; digital images, Ancestry (www.ancestry.com: online December 2023); citing National Archives Microfilm M19, Roll 124.

6. Rowan County, North Carolina, Estate Files, 1663-1979, Peter Kepley; digital images, Church of Jesus Christ of Latter-Day Saints, FamilySearch (http://www.familysearch.org: online 23 August 2024); Estate Inventory completed by administrator, August 24th, 1849.

7. "North Carolina, Marriages Index, 1741-1868," database, Ancestry (http://www.ancestry.com: online February 2024), Marriage: Pater Caply & Rachael Simison, Bond date: 9 Apr 1821.

8. 1850 U. S. Census, Rowan County, North Carolina, population schedule, School District 37, Rowan, North Carolina, Page: 229A(Stamped), Line 28, Dwelling 1832, Family 1858, Household of Rachel KEPLEY; online database, Ancestry.com (http://www.ancestry.com: viewed 3 March 2021); citing National Archives Microfilm Publication M432, Roll 643.

9. Rowan County, North Carolina, Probate Office, Will Book "K", page 271 Rachel KEPLEY Last Will; Salisbury, North Carolina.

10. Cabarrus County, North Carolina, Probate Files & Loose papers, Last Will and Testament of Rachel Kepley; digital images, Church of Jesus Christ of Latter-Day Saints, FamilySearch (http://www.familysearch.org: online February 2024); Estate of Rachel Kepley, 1859.

11. Claude.ai aided in the outline and creation of this blog post. 

 


Thursday, May 1, 2025

The Last Will and Testament of Daniel Everhart

Daniel Earnhart was born 13 February 1809 in Rowan County, a son of George Earnhart and Margaret Keppel/Kepley.

He was twice married. His first wife and mother of his children was Martha Ann [LNU] whom he marries about 1830. They were the parents of 7 children: 4 sons and 3 daughters. He next married Ann Kimmons before 1880. In the 1880 Census, Daniel is age 79 (based on his Birth Date he was only 71) and Ann is age 27. Daniel died before 2 April 1883 at age 74. 




   

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 personal - 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, looms, one large wash pot, and she shall everything executed 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 farm 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, W. F. Lumsden, clerk of the County Court of said County, hereby certify that the above and foregoing is a full, true and perfect copy of the last Will and Testament of Daniel Earnhart, was as produced and admitted to probate at the April term 1883 of the County Court of Bedford County as appears from the original now on file in my office.

This April 16, 1883

W. F. Lumsden, Clk.


Daniel Earnhart is my 1st Cousin 5X Removed

_______________________________

1. Last Will of Daniel Earnhart (1883), WILL BOOK: Will Book #1; page 460 & 461; Probate Office, Shelbyville, Bedford County, Tennessee.