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EARNEST James

Male 1783 - 1868  (85 years)


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  • Name EARNEST James  [1
    Born 1783  Georgia Find all individuals with events at this location 
    Gender Male 
    Died 28 Feb 1868  Fayette Co., Alabama Find all individuals with events at this location 
    Buried Old Lebanon Cemetery Find all individuals with events at this location 
    Person ID I0177  Oakleaf Family
    Last Modified 15 Nov 2005 

    Father EARNEST William,   b. 1753, Hanover Co., Virginia Find all individuals with events at this location,   d. Abt 1810, Warren Co., Georgia Find all individuals with events at this location  (Age 57 years) 
    Mother BEASLEY Mary Polly (Elizabeth),   b. Abt 1765, Virginia or North Carolina Find all individuals with events at this location,   d. 1837, Walker Co., Alabama Find all individuals with events at this location  (Age ~ 72 years) 
    Married 23 Sep 1784  Warren Co., Georgia Find all individuals with events at this location 
    Family ID F045  Group Sheet

    Family CURL Mary Ann Polly,   b. 1791, Warren Co., Georgia Find all individuals with events at this location,   d. 1867, Fayette County, Alabama Find all individuals with events at this location  (Age 76 years) 
    Married Walker Co., Alabama Find all individuals with events at this location 
    Children 
    +1. EARNEST Margaret Peggy,   b. 1810, Tennessee Find all individuals with events at this location,   d. Alabama Find all individuals with events at this location
    +2. EARNEST William Payton,   b. 5 May 1811, Georgia Find all individuals with events at this location,   d. 19 Apr 1900, Ozark, Johnson Co., Arkansas Find all individuals with events at this location  (Age 88 years)
    +3. EARNEST Burrell,   b. 10 Jan 1818, Tennessee Find all individuals with events at this location
     4. EARNEST Jeremiah,   b. 1819, Tennessee Find all individuals with events at this location,   d. Montgomery Co., Arkansas Find all individuals with events at this location
     5. EARNEST Mary,   b. 1821, Tennessee Find all individuals with events at this location
     6. EARNEST Debby,   b. 1825, Alabama Find all individuals with events at this location,   d. Abt 1868, Alabama Find all individuals with events at this location  (Age 43 years)
     7. EARNEST Mahulda Huldy,   b. 1827, Alabama Find all individuals with events at this location
    +8. EARNEST Henry F.,   b. 1829, Alabama Find all individuals with events at this location,   d. 1860, Tennessee Find all individuals with events at this location  (Age 31 years)
    +9. EARNEST William Peyton,   b. 1831, Tennessee Find all individuals with events at this location,   d. 29 Jan 1909, Fayette Co., Alabama Find all individuals with events at this location  (Age 78 years)
     10. EARNEST Martha,   b. 1832, Alabama Find all individuals with events at this location
    Family ID F201  Group Sheet

  • Notes 
    • Individual:
      James Earnest was my gggggrandfather (Kay Dette Sugg, born April 24,1944, Ada, Pontotoc Co.
      , Ok.)
      James was born in Ga., in 1783 & died Feb 28, 1868, Fayette Co., Al., &is buried at the Old L ebanon Cem.,Layette Co., Al. His son Burrel'saffidavit in 1880 & the info that James was married a 2nd time toA.P.Kunnel, data is fraudulent.

      George & Mary (Earnest) Handley (daughter of James) were married abt1838, in Tn., This woul d mean George & Mary must have moved to WalkerCo., first & then on to Fayette Co., when James did.
      New info : James Earnest moved from Eastern Tn., to Walker Cp., Al., abt1838.
      James served in the War of 1812.

      Will of James Earnest Estate:

      State of Alabama
      Fayette County
      To the Honorable B.------ Judge of probate in and for said county.
      The petition of Paton Earnest respectfully represents unto your Honorthat the late James Earn est who was an inhabitant of this county at thetime of his death departed this life on the day of 1868 leaving a lastwill and Testament and signed and published by him and attested by JamesWilcut, H. Hutto, George Davis who reside in this county inn which yourpetitioner is names as executor thereof which said will is hereuntoproduced to your honor and re pounded for Probate and record in thiscourt.
      Your petitioner states that there is no widow and the next of kin ofsaid account are hi s children: Margaret Smallwood, Payton Earnest, BurrelEarnest, Debby Turner, Hulay Williams, Henry F.Earnest, Martha Williams,William P. Earnest, John Williams and the children of Margaret Smallwoodand all reside in this county.
      In consideration of all of which your petitioners prays that a daymay be set for Herin g of the matter of this petition that subpoenas maybe issued to ----in said subscribing----- to testify on such appointedday.
      Know all men by these present that I James Earnest of the county ofFayette Co., Alabam a considering the uncertainty of this life and beingof sound mind and memory do declare and publish this my last will andtestament. First I direct that a ----- to what property it has pleasedGod to allow me in his world that it be distributed as I direct.
      First I direct that all my property either real or personal be soldas soon a practical a fter my decease and be divided equally among mychildren with the exception of my daughter Margaret Smallwood which igive and bequeath unto her five dollars but the remainder of herportional part to her children named Polly Ann Kilgore, Joseph Smallwood,and Catharn Taylor the three children that she had by Evarin Smallwood.
      Third my Son Paton Earnest to have his porportion part as he is notindebted to me in an y way.
      Fourth my daughter Margaret Smallwood to have five dollars.
      Fifth I direct my son Burrell Earnest to have and equal part of myeat ate but the amoun t of his indebtedness to be deducted out of hisamount.
      Sixth I direct that my daughter Hamby to have an equal shear afterequity one hundred an d fifty dollars out of it that she has had.
      Seventh I direct that my son Jeremiah Earnest or his heirs to sharealike in my estate th at is his heirs to have a child part.
      Seventh I further direct that my daughter Delby Turner to have anequal part after Willia m Turner indebtedness to me is deducted out of hershare.
      Eight I further direct that my daughter Huldy Williams to have anequal share of my estst e after the amount of Nathaniel Williamsindebtedness to me is deducted out of her share.
      Ninth I further direct that my son Henry F. Earnest heirs to havehis equal share among t he rest of the heirs after deducting the amountthirty dollars out the amount of his indebtedness to me.
      Tenth I further direct that my daughter Martha Williams to have andequal share among m y heirs.
      Eleventh I further direct that my son William P. Earnest by adoptionto share equally amo ng the rest of my heirs after his indebtedness to meis settled.
      Twelfth I further direct that my grandson, John Newton Williams tohave my Bay Mare at m y decease as his property
      Thirteenth I do nominate and appoint my son Payton Earnest to be theexecutor of this m y last will and testament.

      In Testimony whereof I have to this my last will and Testamentcontained in two sheets o f paper and have subscribed my name and affixedmy seal this the 19th day of December 1847.
      James Earnest (X)


      Signed sealed declared and published by the said James Earnest as an forhis last will and tes tament in presents of us who at his request and inhis presents and in presents of each other have subscribed our names aswitnesses hereto.
      James Wilcut
      J.C. Hutto
      George (x) Davis
      State of Alabama
      Fayette County Thomas A. Morrow, clerk of the Probate Court in and forsaid county hereby cert ify that the forgoing will was duly filed andrecorded in book volume 1st of wills and on page 508 & 509.
      Thomas A Morrow
      Clerk

      State of Alabama
      Fayette County
      Probate Court of said county special term the 28th day of September1868.
      To the sheriff of the state of Alabama.
      Greeting you and hereby commanded to summons W.P. Earnest, MargaretSmallwood, Burrell Ea rnes theirs, Jeremiah H. Earnest, Mary Hanly &husband, Delby Turner, Hulda Williams, Henry F. Earnest, William P.Earnest, Martha Williams, John W. Williams heirs and distributes of theEstate of James Earnest late of said county at his office on the 28th dayof October 1868 at a special time of said court then and there to contestif they think proper the application of Burrell Earnest of said Estatewho hath on this day 28th September 1868 filed in said office hispetition to Probate a paper purposing to be the last Will and Testamentof James Earnest and this you shall nowise omit under the penaltyprescribed by law.
      Heirs fail not and have you then and there their writ an citationwith your proper retur n herein endorsed .
      Given under my name at office unto the 28th day of September, 1868
      B.W. Wilson, Judge of Probate
      for Thomas A. Morrow


      James Earnest Estate
      State of Alabama
      Fayette County

      To the Honorable B.W. Wilson, Judge of Probate in and for said county.The petition of Burrel l Earnest, respectfully represents unto your honorthat the late James Earnest who was an inhabitant of this county at thetime of his death departed this life on the 18th day of February 1868leaving a last will and testament duly signed and published by him andattested by James Wilcut, J.C. Hutto, George Davis who reside in thiscounty in which Peyton Earnest is made executor thereof. Which said willis ----- --- ----to your honor and -------for Probate and record in courtyour petitioner further states that there is no widow and the next of kinof said Deceased are his children; Margaret Smallwood, Payton Earnest,Burrell Earnest, Mary Henly, Jeremiah Earnest, Delby Turner, HulayWilliams, Henry F. Earnest, Martha Williams, William P. Earnest, John W.Williams and the children of Margaret Smallwood all reside in this county.
      In consideration of all of which your petitioner prays that a daymay be set for the hear ing of the matter of this petition that saidsubpoenas issue to -----in said subscribing witness to testify on suchappointed a day that due notice of this application may be given to saidheirs of said deceased and that such other proceedings ----- ----- may byhad and made in the ----- as may be requested and proper to effect thedue probate and recorded of said will according to law and as in dulybound will we pray.
      Sworn to and subscribed Burrell Earnest
      before me the 28th September 1868
      Thomas A. Morrow
      Clerk

      State of Alabama
      Fayette County
      Probate Court of said county special term 23 March 1868
      To Thomas H. Morrow Greeting you will please take notice thatPeyton Earnest executo r of the Earnest Estate of JamesEarnest--------------------------- court ---- of James Earnest deceased.
      It is issued by the court that the 11th day of April be set to hear and---------upon said mat ter.
      It is ordered by the court that you be and are hereby appointedGuardian addem for the mi nor heirs of said Estate to represent them onthe hearing of said petition and protect their interest in all matterspertaining thereto and that you have notice of said appointment.
      Given under my hand this the 23rd March 1868.
      B.W.Wilson
      Judge of Probate
      I accept the appointment and legal service of the ------ 23rd March1868.
      Thomas A. Morrow

      The State of Alabama
      Fayette County
      In the matter of the Probate of the Last Will & Testament of JamesEarnest deceased. Befo re me B.W. Wilson, Judge of Probate Court of saidcounty personally appeared in open court James Wilcut, George Davis whohaving been by me first duly sworn and examined did and do depose and sayin oath that they are each subscribing witness to the instrument of ----now shown to them which purpost to be the last will & testament and thatthe -------- set their signature thereto in the day the same----date assubscribing witness to the same in the presence of the testation thatsaid testatin was of sound mind and disposing memory and in the poinionof deponent fully capable of making his will at the time was made.Affidavit further states that testation was over 21 years of age; swornto and subscribed before me this 28th October 1868.
      B.W. Wilson, Judge of Probate
      James Wilcut
      George (x) Davis


      State of Alabama
      Fayette County
      Probate Court Special term September 28th 1868.
      To any Sherriff of the State of Alabama, Fayette County.
      Greetings your are hereby commanded to summons James Wilcut, J.C.Hutto, George Davis t o be and appear before me the Probate Judge of theCourt to be held on the 28th October 1868. To have the will of JamesEarnest late of said county decreed---- under my hand at office the 5thAugust 1868.
      B.J. Wilson Judge of Probate


      James Earnest Estate
      State of Alabama
      Fayette County
      Probate Court Special term March 23, 1868.
      This day come Paton Earnest and filed his petition in writing andunder oath. Therewit h pronoucing and filinf in this court an instrumentof writing purposting to be the last will and testament of James Earnestand praying for such orders------ and proceeding as may be proper andrequest for --- and probate and record of said will in this court whichsaid instrument appears to be attested by James Wilcut, J.C. Hutto andGeorge Davis of this county and who are alleged to have signed the saidas suporting witness thereto. An it appears to the court from saidpetition tha tsaid petition is of the next of kin of said deceased andsaid deceased left no widow but he left 11 children and some grandchildren.
      It is therefore ordered by the court that this day of April be setas a day for ----test- --- in proof of said testament as such will andJames Wilcut, H.C. Hutto, and George Davis be suponed to be and appear onsaid day of----------18 in and before said court to testify and giveevidence of and concerning all and any facts touching the question of thevalicity of said instrument as such will. That said heirs of age benotified of this proceeding and of the day above set for hearing thematter by citation to be served upon heirs at least three days beforesaid day of.


      A letter from Patricia Hyche to Ellie Handley: dated Feb 20, 1998.

      Hello Everyone:
      I received the War of 1812 Pension records on James Earnest
      You are correct. The second wife was fraudulant. According to
      the file, there was a scam run mostly by George Harrison for filingpension
      claims on several War of 1812 veterans who were already deceased.Burrell
      gave his deposition stating James was only married once and Polly Ann ?
      died before he did. Burrell did not know if they were married in SC orG
      However I did find in the Biemingham Library, one book listing War of1812 roster has Burrel l and James both serving

      Note: Ellie Handley, Feb. 1998



  • Sources 
    1. [S05895] 1830 Sevier Co., Tennessee Census.