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
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
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
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
4th Item:† The residue of my property, both real & personally wherever
and whatever it may be, including that given to my beloved Wife,
, during her natural life-time and after her death it shall ELIZABETH
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.
,† GEORGIA . EMANUEL COUNTY
††††††††††† Personally appeared in
Open Courtin the Court of Ordinary at
this October Term 1864, CURTIS M.
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
†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† (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
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
: Jacob, in 1755, and John, 1761/1762. Jacob died in North Carolina
Georgia in 1845 and John in
, the exact date of Johnís Mississippi
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.
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