“Where there’s a will, there’s a genealogist.” I love
that! It is so true.
As the Registrar for my chapter of the Daughters of the
American Revolution (DAR), my job is to help prospective members prove their
blood line leading to a patriot, someone who aided in obtaining independence
for America. When birth and death records do not exist, I look for a will
because they are the perfect source to prove a parent and child connection –
that is, WHEN they actually name the children. Ones that simply direct that
property be “equally divided among my children” are essentially useless.
What a let-down when I found the will for Johan George
Eppard (23 Apr 1780 - 1869). He was my maternal grandmother’s maternal
grandfather’s paternal grandfather, in other words MY 4X great-grandfather. His
will of March 1866 mentions only 3 of his 11 children by name.
Map of the Naked Creek area The Epard/Eppard names give an idea of where George's land was |
George Eppard began his will by describing the metes and
bounds of land to be divided. The Eppards lived along Naked Creek which formed
the border between Rockingham and Page counties in the Shenandoah Valley of
Virginia.
Here is what he said next:
The
said boundary of land I will to my son Wesley Epard by his paying to my estate
the sum of $20.00 per acre in four equal payments. The first payment to be made
in 60 days from the date of admitting this my will to record and the balance in
three equal annual payments from said day. Second: The residue of my land should I not dispose
of the same before my death I wish to be sold at public sale by my executor,
hereinafter named, on such terms and time as they may think most advisable. Third: The proceeds of the above sales together with
all the rest of my effects, after all of my just debts and funeral expenses are
paid I wish to be equally divided among all my children. The children of my two
Sons, John and James, who are dead: I
wish to receive respectively the shares that would have come to their fathers
had they been living that is, the children of John Epard to receive one moiety
and the children of James Epard one moiety. Fourthly: I constitute and appoint my friend John C.
Walker my executor. In testimony whereof I the said George Epard have to this
my last Will and Testament signed and subscribed my name this day of March in
the year of our Lord 1866.
Signed,
acknowledged and published by George Epard
George
(x) Epard. X His Mark
As a descendant of one of the UNnamed children, I would
be disappointed if I were relying on this will to help me get into the DAR. Fortunately
there was a lawsuit.
It seems that John C. Walker, executor of George Eppard’s
estate, was deemed unsuitable due to his own financial woes, so the Eppard
heirs took him to court to have him removed.
Chancery Cause 1870-068 Rockingham County, VA |
To the County Court of Rockingham
The Bill of complaint of Andrew Eppard, William Eppard,
Reuben Eppard, Westley Eppard, Jos Samuels Jr, Zac Taylor, William Merica &
Isaac Gooden of Rockingham County, respectfully represent that in the year 1869
George Eppard departed this life leaving the foregoing complainants his devises
and distributes. That he made a will & appointed John C. Walker his
Executor who at the August Court 1869 he qualified as such and paid bond with
S. P. H. Miller as his surety. That said Walker sold the personal property and
that the same amounts to between $600 & $700.
That since that time the said
Walker and the said Miller have both failed and their personal effects have
been sold by the Sherriff & that they are insolvent and if said Walker collects
said money Complainants have no security for its faithful application.
Complainants have confidence in the integrity of said Walker but feel &
charge that he is not now, embarrassed as he is, a proper person to have charge
of the estate and that letters of Admin to him ought to be revoked.
Chancery Cause 1870-068 Rockingham County, VA |
They prevailed.
Chancery Cause 1870-068 Rockingham County, VA |
John C. Walker
& S. P. H. Miller }
This day the
Plaintiffs presented their Bill in Court praying an Injunction. Isaac Gooden
one of the plaintiffs having given bond in the penalty of $25 an injunction is
awarded the plaintiffs to restrain the said John C. Walker from collecting and all
the Creditors from paying to him any of the money due said Walker as adm of
George Eppard deceased
The real value of this document, however, is in the
naming of the children. My ancestor is William. The daughters’ names were disguised by the names of
their husbands as was typical of the times. It required a little more
research to find them.
- Joseph Samuels Jr – Permelia Eppard
- Zachary Taylor – Nancy Eppard
- William Merica – Mary Eppard
- Isaac Gooden – Elizabeth Eppard
So, who was this John C. Walker that George Eppard
entrusted to carry out his last wishes? Ironically, Walker himself was a
lawyer. His wife was Mary Miller, perhaps a sister to S. P. H. Miller.
Amy Johnson Crow continues to challenge genealogy
bloggers and non-bloggers alike to think about our ancestors and share a story
or photo about them. The challenge is “52 Ancestors in 52 Weeks.”
Wendy
© 2020, Wendy Mathias. All rights reserved.