Earhart, David

Will of David Earhart 
Probated January Term 1860

The last will and testament of David Earhart.

I David Earhart of the City of Natchez, County of Adams, state of Mississippi do hereby make and publish my last will and testament to follow to wit.

First, I appoint my wife Louisa and my brother William Earhart Executrix and Executor of this will and guardians of my children.  And I hereby direct and authorize any said Executrix or Executor to continue as I have done the business of my store on Commerce Street, giving them full power to supply and replenish the same and to manage the business thereof as I have done for this period of three or five years after my death as they may draw expedient, the profits of the business to be given and distributed to and among my wife, and children, as my residuary lyateco(?)hereafter mentioned.

Second, I give and bequeath to my son Albion G. my Negro man slave Louis.

Third, I give and bequeath to my son Alpheus Davis my Negro boy Jim. 

Fourth, I have several natural (illegitimate) children.  It is my will and I hereby request that my said Executrix and Executor shall support these out of my estate and give them in their discretion such aid and protections as they may need until they shall be able to take care of themselves.

Fifth, all the rest residuary and remainder of my estate, property, real and personal of every kind and description I give and bequeath to my wife and the children of our marriage to be divided and distributed among them, share in equal hares and portions.

In witness whereof I hereunto subscribe my name this 5th day of January A.D. 1860. 

                                                                             D. Earhart (signature)
 
 

Signed and published by the above named David Earhart as for his last will and testament in the presence of the undersigned who at his request and in his presence and in the presence of each other hereunto subscribe their names as witness this day and year aforesaid. 

                                                                             Ralph North

                                                                             John Prendergast

                                                                             John Gilbert Martin
 
 

The state of Mississippi in the probate court of said county, Adams County at the January (?) A.D. 1860, thereof. 

In the matter of a certain instrument of writing purporti8on to be the last will and testament of David Earhart, deceased.

Be it remembered that at a term of the Probate Bond of the County of Adams in this state and County of Adams in this state and held at this Courthouse in and for said County, on this first Monday in January in the year of our Lord one thousand eight hundred and sixty, personally appeared in open court, Ralph North, John Prendergast, and John Gilbert Martin, subscribing witness to a certain instrument of writing purportive to be the last will and testament of David Earhart, late of said County, deceased, bearing date the fifth day of January A.D.1860, who having first been duly sworn, deposed and said , that said David Earhart signed, published and declared said instrument as his last will and testament in the presence of these depononto(?) subscribe said instrument as witness thereto, at the insistence and request, and in the presence of said testator, and who in the presence of each other on this day and year aforesaid. 

Sworn and subscribed in open Court, this 23 rd day of January A,D. 1860.

                                       Ruis a. Mgr. Clerk                    Ralph North

                                                                             John Gilber Morton

                                                                              J. Prendergast

 Filed for probate January 23, 1860

Ruis A. Mgr. Clerk

Proved in open Court by the subscribing witness R. North, John Gilbert Morton and J. Prendergast and ordered to be recorded as the last will and testament of said deceased, David Earhart. 

R. A. ____?  Clerk
 

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Earhart, William

Will of William Earhart Filed for Probate Sept. 3rd. 1874

I William Earhart of the City of Natchez, the County of Adams and the state of Mississippi desiring to feel submissive to the will of God, being weak in body, but sound in mind and wishing to be prepared for His summons hence, and desiring to arrange my business here for such an event, do make and publish this my last will and testament, hereby revoking all wills by me heretofore made.

Hence First. It is my will that all my just debts be paid as soon after my death as practible..

Hence Second. It is my will that all my children, viq. Armenia Ann, John D., Charles C and Benjamin M.C. Earhart, shall share equally the balance of all my Estate, Real and personal, after my said debts are paid, subject however to the changes hereinafter named.

Hence Third-It is my will, and I do hereby charge the whole of my Estate with the support and education of my two youngest children, Charles C. and Benjamin Mc C. Earhart until they are respectively seventeen years of age, when I hope they will be able and willing to support themselves.

Hence Fourth-It is my will that an inventory of all my personal property be taken, under an order of Court as soon as convenient after my death, and that none of the same be sold, unless absolutely necessary, and it is my will that my housekeeping matters be conducted and carried on without interruption as it now is, by my children and nephews and nieces so long as they can agree, my said nephews and nieces contributing their proportions of labor and means for the support of the common family so long as they or either of them shall remain members hereof.

Hence Fifth--- It is my will that my son John D. Earhart, take charge of my store and stock of merchandise, and purchase the same at the invoice price thereof, which I desire the said appraised shall make equitably according to the true value of said stock of merchandise, out of money coming to him out of money coming to him out of my life insurance, he paying reasonable rent to the parties in interest for the said store and warehouses connected therewith.

Hence Sixth------I hereby nominate and appoint my son John D. Earhart my Executor to Execute this my last will and testament, and it is my will that my said Executor, shall not be required to give security for the execution of said trust: and I hereby authorize and empower my said Executor (with the advice and concert of S.L. Guice of the City of Natchez, who I hereby authorize to act as the Attorney for my Estate and for my said Executor) to sell all my Real Estate, or any part thereof wheresoever situated, at public or private sale, and in accordance with the laws of the several States, vig Mississippi, Louisiana and Texas, where said Real Estate is situated, and make execute and deliver good and lawful deeds of conveyance for any or all of such lands so sold by him to the purchaser for purchases thereof.

In witness whereof I have hereunto set my hand and seal this 5th August 1874.

William Earhart (seal)
 
 

Will of William Earhart-------------Continued

Signed, Sealed, Published and declared by the said William Earhart as and for his last will and testament, in the presence of us, who in his presence, and at his request, and in the presence of each other have hereunto set and subscribed our names as witnesses hereto this 5th day of August 1874.

Filed in my office for probate Wm Abbott

3rd. day of September A.D.. 1874 Chas Whitcomb 

Allison W. foster clerk Jos B. Stratton, Jr. 

The State o Mississippi In the chancery Court of said County before the clerk thereof in 

Adams County vacation on the third day of September in the year A.D. 1874.

In the matter of a certain instrument of writing purporting to be the last will and testament of William Earhart deceased.

Be it remembered that in the office of the clerk of said court on the day above named before Allison H. Foster clerk of said Court in vacation personally appeared Charles Whitcomb, William Abbott and Joseph P. Stratton in subscribing witness to a certain instrument of writing purporting to be the last will and testament of William Earhart, late of said county deceased bearing date the fifth day of August A.D. 1874,who having first been duly sworn deposed and said that said William Earhart, signed, sealed, published and declaimed said instrument as his last will and testament in the presence of these deponents, on the day of the date thereof: that said testator was then of sound disposing mind and memory and more than twenty one years of age, and that these deponents subscribed said instrument of writing as witness thereto at the instance and request and in the presence of said testator and also in the presence of each other on the day and year aforesaid. 

Subscribed and sworn to before me this Wm. Abbott

3rd day of September A.D. 1874 Chas Whitcomb

Allison W. Foster clerk Jos. B. Stratton Jr.

Recorded September 3rd. 1874
 

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Truly, Sarah

I, Sarah Truly, of the District of Natchez in the province of Louisiana, being infirm and weak in body, but of perfect sound memory and understanding reflecting on the uncertainty of life or the certainty that all must die, do make constitute and appoint this my last Will and Testament hereby revoking all and every Will by me heretofore made. And first, I commit my soul to that gracious God who gave it to me:- my Body to be buried with decency by my Executors hereafter named and here be it known, previous to my devising what property I am possessed of. Hector Truly my late husband made his Will in Virginia in America, and soon after died, leaving me his Executrix and certain property sundry Negroes made a part, sufficient in number for each child to have one. By virtue of the trust reposed in me, and agreeably to the Will of the said Hector Truly, I delivered over to all the children aforesaid each one a Negro, except to the youngest child, named Bennet Truly, who had not at that time, or any time since, a Negro delivered over to him , or any thing in lieu or satisfaction therefore, and now being desirous so far as in me lies to do equal justice to the said Bennet Truly, as has already been done to all the other children of the aforesaid Hector Truly, my late Husband it is my will and desire, and I do hereby direct my Executors that shall hereafter be named, or such of them who shall take upon them the execution of this my last Will, to deliver over to the said Bennet Truly, my son, or to his heirs, Executors or Administrators that immediately after my death, a certain Negro wench now in my possession, named Annico with her two small children named Sarah and Lucy, with all others the said Annico’s children that may hereafter be born of her, to him the said Bennet Truly, his heirs and assigns for ever. (Listed in margin of Will :- Item: James, small looking glass and 6 painted pictures) Item: I give and devise to my beloved son Bennet Truly before named, one large looking glass. Item: I give and devise to my beloved daughter Eleanor Spain my feather bed and furniture after Mr. Dibdal Holt breaks up housekeeping; also my wearing apparel to be divided between her the said Eleanor and my granddaughter Sarah Spain share and share alike. Item: I give and devise to my beloved daughter Martha Harrison one pair of scissors and a thimble of the value of two dollars to be paid to her by my Executors. All and singularly the residue remaining part of my estate, real and personal, after my funeral expenses and such debts are paid, I give and devise to my three beloved children to wit: James Truly, Bennet Truly, and Eleanor Spain to be equally divided between them share and share alike. And lastly I appoint Pastor Caradine, James Truly, Bennet Truly, and Francis Spain, my Executors to this my last Will and Testament. Signed sealed and acknowledged this 15th day of March in the year of our Lord 1792 by the said Sarah Truly to be her last Will and Testament in the presence of us: 

Sarah Truly

Ezek. Forman

John Lum

William O’Connor

Edmond Potter

William Hamilton

Ben (illeg)
 

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Will of Sarah Truly (#2)
 
 

Whereas a controversy has arisen between the Heirs of the late Sarah Truly, concerning the division of the Property of her estate; it is hereby mutually agreed between the parties, who are James Truly, Bennet Truly, Eleanor Spain, and Martha Harrison, that the whole of the aforesaid Estate shall be and remain divided as ordered by the last will and Testament of the said Sarah Truly, bearing date the fifteenth day of March One Thousand Seven hundred and ninety two; with this exception, only, that two cows and calves shall be the property of the said Eleanor Spain and her heirs, and all the remainder of the horned cattle of the said Estate shall be and remain the property of the aforesaid Martha Harrison. In Witness whereof we have hereunto set our hands, in presence of his Excellency Governor Don Manuel Gayoso De Lemos and the witnesses undersigned at Natchez this seventh day of May one thousand seven hundred and ninety three. James Truly.-- Bennett Truly.-- Francis Spain..-- Rd. Harrison.-- J. Vidal.-- Lavis Piernas.-- Manuel Gayoso De Lemos.--
 

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