Last Will & Testament of John Harvill
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In reply to:
Re: haville/harvill/harwell info(PLEASE READ!!!)
WALTER HARWELL 11/25/08
Last Will & Testament of John Harvill
Pope County, Arkansas, Will Book A, Pages 116-120
Written August 27, 1855-Proved March 18, 1856-Recorded March 24, 1856
In the name of God, Amen.
I John Harvill in my unsure health which is not good, but of sound and disposing mind and memory, calling to mind the frailty and uncertainty of human life, and being desirous of settling my worldly affairs and directing how these estate with which it has pleased God to bless me shall be disposed of after my death, do make and publish this my last Will and testament, hereby revoking and making void all other last Wills and Testaments by me hereunto made.
And first, I commend my immortal being to Him who gave it, and my body to the earth to be buried with little expense or ostentation by my Executor hereinafter named.
As to the worldly estate, all the property with which is {underlined words lined out} real personal or mixed, of which I die seized and possessed, or to which I shall be entitled at the time of my decease, I devise, bequeath, and dispose thereof in the manner following, to wit:
First, my will is that all my just debts and funeral charges shall by my Executor {word "named" omitted?} be paid out of my estate as soon after my decease as shall by them be found convenient.
Second, I give, devise and bequeath to my daughter Anna, wife of Elijah Truitt, my servant Violett.
Third, I give, devise and bequeath to my son Moses Harvill my servant boy Thomas.
Fourth, I give, devise and bequeath tomy son James Harvill my servant girl Emeline.
Fifth, I give, devise and bequeath tomy son Edwin Harvill my servant girl Sally, my rifle gun, saddle, household and kitchen furniture.
Sixth, I give, devise and bequeath to my son Powell Harvill my farm including my residence as described in the public survey as being the North West Quarter of section twenty three in Township Seven North of Range Twenty West, containing one hundred and sixty acres.
The foregoing property to be valued at my decease, by two or more disinterested persons, and those having the most valuable property, to pay those having less valuable property, until the five heirs above mentioned, are made equal, excepting the guns, saddle, household and kitchen furniture as I leave my son Edwin Harvill that amount over, and above, any of the others.
Seventh, I give, devise and bequeath to my grand son John Henry Tucker, son of my daughter Hannah dec'd, five dollars, to be paid by my Executors hereinafter mentioned within twelve months after my decease.
Eighth, to my grand sons Orvell and Viston Harvill, sons of General Harvill dec'd, five dollars each to be paid by my Executors gth, I give, devise and bequeath to my grand daughter Amanda, daughter of my son General, also my grand {sic} as above.
Ninth, the remainder of my property consisting of stock and farming utensils, to be sold by my Executors hereinafter mentioned, out of the proceeds, pay the four grand children, above named, five dollars each. The remainder to be equally divided between Anna Truitt, Moses Harvill, James Harvill, Powell Harvill and Edwin Harvill.
Lastly, I nominate my sons James and Edwin Harvill to be the Executors of this my last Will and Testament.
In witness whereof I the said John Harvill, hereto this my last Will and Testament contained on one sheet of paper, to this I here subscribe my name and affix my seal this twenty seventh day of August in the year of Our Lord one thousand eight hundred and fifty five./signed/John Harvill
Signed, sealed, published and declared by the said John Harvill as for his last Will and Testament, in presence of us, who at his request and in his presence of each other have subscribed our names as witnesses hereto.
James G. Williamson,Jo W. Bernan
State of Arkansas, County of Pope
We, James G. Williamson and Jo W. Bernan, do solemnly swear that John Harvill whose name appears to the above and foregoing instrument in writing, did on the 27 day of August 1855, sign, seal, publish and declare the said instrument of writing, as his last Will and testament, and that he affixed his name thereto, in our presence, and we at his request, and in his presence and in the presence of each other, did affix our names to said last Will and Testament, as witnesses thereto, and we further swear that the said John Harvill, at the time of signing, sealing and executing his last Will and Testament, was I sound and disposing mind and memory, capable of making the same so help us God.
/signed/James G. Williamson, Jo W. Bernan
Sworn to, and subscribed before me this 18th day of March 1856. In testimony whereof I, Roof H Howell Clerk of the Circuit Court of Probate in and for said Court, have hereunto set my hand and affixed the seal of my office the date above mentioned./signed/Roof H Howell
State of Arkansas, County of Pope
I Roof H Howell Clerk of the Circuit Court and Ex officio Clerk of the Court of Probate, and Recorded for the County, do hereby certify that the annexed and foregoing instruments of writing the last Will and Testament of John Harvill dec'd, together with evidence of authentication were filed for record in my office on the 18th day of March 1856, and the same is now duly recorded in Record of Wills "Book A" page 116-17-18-19 & 20. In testimony whereof I have set my hand and affixed the seal of my office this 24th march 1856. Roof H Howell Clk & Ex officio Recorder.
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Obtained from the late Michael Flanagan