Will of Willian Durden, Sr. of Emanuel County, Georgia
 
 
Contributed by Mike and Nancy Rigdill.
 
 
LAST WILL AND TESTAMENT OF WILLIAM DURDEN, SR.
 
BOOK B, 1857-1907
PROBATE COURT OF EMANUEL COUNTY, GEORGIA 
[THEN KNOWN AS COURT OF ORDINARY OF EMANUEL COUNTY]
 
PAGE 38:
 
STATE OF GEORGIA
EMANUEL COUNTY.
 
††††††††††† In the name of God, Amen:I, WILLIAM DURDEN, SR., of said 
State & County, being of advanced age and knowing I must shortly 
depart this life, I deem it right and proper both as respects my family 
& myself, that I should make a distribution of the property with which 
a Kind Providence has blessed me, do therefore make this my Last 
Will & Testament, hereby revoking all others heretofore made by me.
 
1st Item:I desire & direct that my body 
 
PAGE 39:
 
be buried in a decent and Christian-like manner, suitable to my 
circumstances and condition in life.My Soul I direct shall return to 
rest with God who gave it.
 
2d Item:I desire and direct that all my just debts be paid without 
delay by my Executors hereafter appointed as I am unwilling my 
Creditors should be delaid (sic) in their rights.
 
3d Item:I give and bequeath to my beloved Wife, ELIZABETH, for 
and during her natural life, all my lands lying and being in said 
County, One lot containing four hundred acres, surveyed & granted to 
JAMES CARTER; One lot containing three hundred & eighty-two 
Acres surveyed & granted to JAMES CARTER; One lot containing one 
hundred & fifty-two acres surveyed and granted to JAMES CARTER, 
One lot containing Three hundred acres surveyed & granted to 
WILLIAM ALLMAN; One lot containing Two hundred & fifty acres 
surveyed & granted to RICHARD G. KERSEY; One lot surveyed and 
granted to RICHARD G. KERSEY containing Sixty-four Acres, and one 
lot surveyed and granted to WILLIAM DURDEN, SR., containing one 
hundred and ninety-seven (acres?); One lot surveyed and granted to 
JOHN D. GILLIS, containing seventy acres, one part of to containing 
fifty-nine acres and my Negro boy named Jack, about sixteen years of 
age and my Negro Woman, Sarah, about seventeen years of age and 
my Negro boy, George, about Eight years of age and all my stock of 
Horses
PAGE 40
and all my Stock of Cattle and all my Stock of sheep and all my Stock 
of Hogs and all my Household and Kitchen furniture and all my 
Farming Utensils.
4th Item:The residue of my property, both real & personally wherever 
and whatever it may be, including that given to my beloved Wife, 
ELIZABETH, during her natural life-time and after her death it shall 
be equally divided among my beloved Children, To-Wit:Mary and my 
Son, Nathan N., and my beloved Daughter, Mary J., (sic-Martha Jane, 
called Jane), and my beloved Son, Dennis S., and my beloved Son, 
William J., and my beloved Son, Rowan, and my beloved Son, Eleazor 
L., and to my beloved Son, Angus, and to my beloved Son, John, and to 
my beloved Daughter, George Ann, and to my beloved Daughter, 
Elefair, and any other Child or Children that may be born in any 
reasonable time after my Death.
 
5th Item:I hereby constitute and appoint my beloved Wife, 
ELIZABETH, my Executrix and my worthy friend, DANIEL G. HALL, 
Executors of this my last will and testament.
††††††††††† This October the 28th day, 1863.
†††††††††††††††††††††††††††††††††††† (Signed)†††††††††††† WILLIAM DURDEN, L. S.
 
Signed, sealed & published by WILLIAM DURDEN as his last will and 
testament in the presence of us the subscribers who subscribed our 
names hereto in the presence of said Testator at his special instance 
and request and of Each other.
 
††††††††††† This the 28th day of October, 1863.
 
†††††††††††††††††††††††††††††††††††† (Signed) WILLIAM L. TAPLEY
†††††††††††††††††††††††††††††††††††† (Signed) CURTIS M. BARWICK
†††††††††††††††††††††††††††††††††††† (Signed) ††††††††††† WILLIAM SALTER, J. P.
 
STATE OF GEORGIA,EMANUEL COUNTY.
††††††††††† Personally appeared in Open Court in the Court of Ordinary at 
this October Term 1864, CURTIS M. 
PAGE 41
BARWICK, one of the witnesses of the within Will, who, being duly 
sworn, deposeth and Saith that WILLIAM DURDEN Signed, Sealed, 
declared and published the above and foregoing as his Last Will and 
Testament in the presents (sic) of the Three Subscribing Witnesses 
who Signed the Same in the presents (sic) of Said testator and in the 
presents (sic) of Each Other, they then Signed at the Special Instance 
and request of the testator; that testator Signed freely and voluntarily 
and of his Own Accord & that Said Will was made without fraud or 
undue Influence.††††††††††† 
†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† (Signed) Curtis M. Barwick
 
Sworn to and Subscribed
before me, this Oct. the 3rd, 1864
JAMES B. KENNEDY, Ordinary
Note by AMD:The Office of Ordinary is now known as Judge of the 
Probate Court.Iíll attempt to get a copy of the petition to probate this 
Will, (probated about one year after it was made), so as to have the 
exact date of death of this William Durden, born in Georgia about 
1817, a son of William Durden, born in about 1775 in North Carolina, 
and his wife, Mary Dekle Durden.His older brothers were also born 
in North Carolina: Jacob, in 1755, and John, 1761/1762. Jacob died in 
Georgia in 1845 and John in Mississippi, the exact date of Johnís 
death being unknown to me.
 
I believe this Curtis M. Barwick was a brother of Elizabeth Barwick 
Durdenís, 1820-1909, wife of William Durden, 1817-1864, testator 
above; if that is correct, Curtis M. Barwick was this William Durdenís 
brother-in-law.[There are also family connections of the Durdenís to 
and with the families of the other two witnesses, Tapley and Salter; 
but I do not have that information at hand.
 

 

This page was last updated onóSunday- Jul-2012
Copyright © 1997 - 2012 The GAGewWeb Project