Will & Inventory of of Allen Tarver
Amite County, Mississippi
/s/ 5 January 1837 /p/ 1837
Probate, Allen Tarver, Estate dec'd, file no. 183, case no. 4462
Legatees ~
(1) wife Anna Tarver
First marriage, adult children
(2) son, Elijah L Tarver
(3) son, Elisha L Tarver
(4) daughter, Elizabeth Ann Richmond
Second marriage, minor children
(5) son, Mark A.
(6) son, William W.
(7) son, James R.
(8) daughter, Mary
(9) daughter, Caroline
(10) daughter, Melissa Tarver
Slaves ~ bequeathed, see inventory below
Exr. widow Anna Tarver and John Terrell
/s/ 5 January 1837
/p/ 1837
Wit: ?
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State of Mississippi
Amite County
LAST WILL AND TESTAMENT OF ALLEN TARVER
In the Name of God Amen I Allen Tarver of said county, being of sound mind and disposing memory, but well aware of the inevitability and uncertainty of this life's duration, do make, constitute . . .
To my three oldest children whom I had by my first wife "To Wit" Elijah L Tarver, Elisha L Tarver, and Elizabeth Ann Richmond, I give and bequeath to each the sum of two hundred dollars and this legacy is not because I entertain towards them less parental affection, thanks to my other children, but only because they have grown up and with the advancement I made them heretofore they are prepared to manage for themselves.
The balance of my estate both both [sic] real and personal of every disposition I dispose of as follows . . . to my wife Anna Tarver . . . and for the comfort and support of my six youngest children, To wit, Mary, Mark A, William W, Caroline, James Rand Melissa Tarver to descend in equal portions to said last mentioned children at the termination of the life or widowhood of my said wife Anna . . .
as to my slaves I leave to my said wife the use and control of the same for the support of her and my said last named six children until the youngest shall arrive at the age of twenty one or marry . . . and after her death her portion to descend in equal portions to my said last named six children; together with all the increase . . .
appoint my said wife Anna executrix and my friend John Terrell Executor . . . I Allen Tarver have hereunto set my hand and seal this 5th day of January 1837.
Allen Tarver {seal}
INVENTORY OF SLAVES
Inventory of personal property belonging to Mark M Tarver, Caroline Tarver, James R Tarver and Melissa Tarver, minors, which has come to the hands of E L Tarver their Guardian.
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Mark M Tarver
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Negroes Sally, Sarah and Allen at
due to [?] by Mary Westbrook
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$850
35
$885 |
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Caroline Tarver
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Negro girls Harriet & Permelia at
deduct
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$950
65
$1,016 |
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James R Tarver
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Negro girls Mariah & Margaret at
deduct
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$950
65
$885 |
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Melissa Tarver
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Negro boy Ben at
due from Mary Westbrook, Caroline,
and James R Tarver to said
Melissa Tarver
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$700
185
$885 |
E L Tarver Guardian of the above named minors says on oath that the
above inventory as stated is just and true as he verily believes.
/s/ Elisha L Tarver
Sworn to in open court
28th Sept 1866, L B Davis clk
By B W Smith ...
MISCELLANEOUS DOCUMENTS IN PROBATE FILE
State of Mississippi
Amite County To John Walker Judge of the Probate Court in and for said County your petitioner Anna Holmes mother of James R Tarver and Melissa Tarver doth hereby renounce her rights to become guardian of the above named minors and requests of the Probate Court of said County to appoint Elisha L Tarver guardian to said minors. Given under my hand and seal this 8th day of January 1846.
/s/ Anna Holmes {seal}
Signed sealed and acknowledged in the Presence of
/s/ J. Walker
J. Prob {seal}
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Recd of E L Tarver Guardian of James R Tarver and Malissa Tarver three dollars and seventy five cents as Judge of Probate fees up to 28th September 1845--
Liberty May 20th 1847
/s/
J Walker J Prob
$3.75
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Recd of E L Tarver Guardian of Caroline and Mark M Tarver nine dollars and seventy five cents as Judge of Probate fees up to December 29th 1846
Liberty May 20th 1847
/s/
J Walker J Prob
$9.75
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13 January 1849.
Land of Allen Tarver divided into 4 lots and allotted to Mary Westbrook, James R Tarver, Melissa Tarver, Caroline Westbrook.
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Sep 1849.
Final account of John Moore, adm of will of Allen Tarver decd.
Cited were:
- James H Westbrook and wife Mary;
- Jasper Westbrook and wife
Caroline;
- Elisha S Tarver in his own right and as gdn of Melissa Tarver
and Jack Tarver and Elijah L Tarver;
- John Holmes and Anna Holmes.
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Amite Probate Record 12-467.
Upon the marriage of Anna Terrell Tarver to Rev. John Holmes, a petition was filed for distribution:
" . . . to each of said heirs, an equal portion of the real and personal estate . . . that the same should remain in the possession of Anna Tarver the widow and relict of said testator for and during her natural life or widowhood, but that on the happening of either of those events, that then and in that case, an equal division of said real and personal estate, should forthwith be made among said legatees, with the exception of Elisha L Tarver and Elijah L Tarver, Elizabeth Ann Richmond bequeathing the sum of two hundred dollars which said sum of two hundred dollars was bequeathed in lieu of an equal portion of said real and personal estate . . . ."
Additionally, the petition of John Moore calling for publication of the sale of the estate states
" . . . that the following are all those persons interested in said deceased estate to wit: James H Westbrook & Mary, Jasper Westbrook and Caroline his wife, Elisha L Tarver, guardian of James & Melissa Tarver, Elijah L Tarver, William Richmond and Elizabeth his wife, and Elisha L Tarver, and John Holmes and Anna Homes his wife, all of whom your petitioner prays to be named defendants to this petition."
In 1839, the three children by Allen and Elizabeth's marriage signed for the $200 awarded by their father's will. (Elisha L Tarver on 11 Feb 1839; Elizabeth Ann (x) Richmond and William (x) Richmond on 16 April 1839; and Elijah L Tarver on 16 April.)
In 1844, inventory of the personal property with division of the slaves "divided the same into five equal shares according to their value . . .
- Share No. 1 was allotted and assigned to Melissa Tarver . . . $700
- Share No. 2 was allotted and assigned to Mark M Tarver . . . $850
- Share No. 3 was allotted and assigned to Mary Westbrook . . . $975
- Share No. 4 was allotted and assigned to Caroline Tarver . . . $950
- Share No. 5 was allotted and assigned to James R Tarver . . . $950
[With deductions/adjustments the slave property was equally valued at $885 per heir.]
Debtors continued to be paid from the estate and Anna Terrell Tarver continued to draw from it until, on behalf of the younger children, objection was filed at the terms of the settlement because their mother, Anna and her husband (2) John Holmes, had drawn money against the estate affecting its proper division among the children. This petition by Elisha L Tarver, Jasper [sic] Westbrook & Mary his wife.
In 1846 (24 June) a petition summoning James and Mary Westbrook, and E L Tarver guardian of Mark M Tarver, James R Tarver, Caroline Tarver and Melissa Tarver asking them to show cause why the Amite County real estate of Allen's estate might not be sold. When Allen's land finally was distributed on 13 January 1849. It was divided into 4 lots and allotted to Mary Westbrook, James R Tarver, Melissa Tarver, Caroline Westbrook.
NOTE
The above are extractions from a sampling of the documents from the probate file, which I copied on a research trip to Amite County, Ms.
SOURCE
Amite County, Mississippi, WB 1, p. 165
Transcribed from original documents in Allen Tarver probate file, copies in Tarver-Gen files.
Amite County, Mississippi, file no. 183, case no. 4462 - Allen Tarver dec'd estate and minor heirs year 1837. Widow Anna Tarver and John Terrell executors of last will and testament.
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