Clinch family legal documents. 1837-1904

A Guide to the General Duncan Lamont Clinch Family Papers ( Related URL )
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Material Information

Title:
Clinch family legal documents. 1837-1904
Series Title:
Duncan Lamont Clinch Family Papers (1804-1904)
Physical Description:
Mixed Material
Language:
English
Creator:
Clinch, Duncan Lamont, 1787-1849
Creation Date:
1837-1904
Physical Location:
Box: Box 1

Subjects

Subjects / Keywords:
Seminole War, 2nd, 1835-1842   ( lcsh )
Plantations -- Georgia   ( lcsh )
History -- Personal narratives -- United States -- Civil War, 1861-1865   ( lcsh )
European Discovery and Settlement in Florida, 1492-1821 -- The Second Spanish Period, 1783-1821   ( fhp )
Territorial Florida, 1821-1845 -- Wars of Indian Removal, 1817-1858   ( fhp )
Ante-Bellum Florida, 1845-1861   ( fhp )
Civil War in Florida, 1861-1865   ( fhp )
Economics and Society: Post-Civil War Florida, 1865-1913   ( fhp )

Notes

Summary:
This collection contains mostly correspondence and newspaper clippings about General Clinch. Topics range from family matters to his military campaign in the Second Seminole War and include letters from the Secretary of War at the time, Lewis W. Cass. The newspaper clippings pertain to General Clinch’s defense of his actions during the Second Seminole War and at the Battle of the Withlacoochee. Also included in this collection are a number of land transaction documents and bills of sale. There are also newspaper clippings and letters about Clinch’s first daughter, Eliza Bayard Clinch, who was married to the hero of Fort Sumter, General Robert Anderson. There are also copies of several wills from General Clinch’s children, several letters of correspondence from within the family, and Clinch’s autobiography written in the form of a letter to his sons. Portions of this latter document are missing.
Summary:
It is important to note that while there are multiple letters and correspondence regarding the Battle of the Withlacoochee and the prosecution of the Second Seminole War in Florida, there is nothing specific with regard to the destruction of the "Negro Fort." The collection is arranged by topic and then chronologically within each folder.
Biographical:
United States Military General.
Source of Description:
Originally derived from archival-level ALEPH record 028036225 ( OCLC: 48886522 )
Funding:
Funded by the National Historical Publications and Records Commission (NHPRC) as part of the Pioneer Days in Florida Project

Record Information

Source Institution:
University of Florida
Holding Location:
P.K. Yonge Library of Florida History, Special Collections
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
028036225
System ID:
AA00017203:00004


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ESTATE OF


ELIZABETH L. W. CLINCH,

DECEASED.





CERTIFIED COPY OF LAST WILL
AND TESTAMENT.


HENRY McALPIN,
Judge.


PEMES BRAID & HUlTGN, 6-AhhAr. OK.













ESTATE OF


ELIZABETH L W, CLINCH,
DECEASED,



CERTIFIED COPY OF LAST WILL
AND TESTAMENT,


IN THE NAME OF GOD, AMEN.

I, Elizabeth L. W. Clinch, of Savannah, Georgia,
wife of J. H. M. Clinch, being of sound and disposing
mind, memory and understanding, do make and publish
this as my last Will and Testament hereby revok-
ing and setting aside all former Wills by me at any time
heretofore made.

Item First: I direct that all my just debts be
paid by my Executors hereinafter named as soon after
my death as it may be legal and proper.

Item Second: I give and bequeath all my books,
pictures, ornaments, furniture, ciockeryv, china, glass,
plate, silver (except the silver mentioned in the'next
item of this Will) and personal outfit of every kind, and
also the sum of Ten Thousand ($10,000.00) Dollars in
money, or in property, as he may elect, to my husband,
J. H. M. Clinch, to him and his heirs and assigns
forever.

Item Third: In accordance with the wishes of
my mother, I give and bequeath all the silver which












came to me from my mother's family, and which is
contained in a brown wooden box maiked "Mrs. J. H.
Clinch, No. 2," and now kept in the closet of Mr.
Clinch's dressing room, to her sisters and their chil-
dren. A tankard, marked J. H. to J. W., is to go to
Frank Stevens, the son of my mother's sister, Theodosia
Stevens. A chocolate pot, marked "H," with a rose on
the cover, is to go to Mrs. John Kilgour's eldest daugh-
ter. A silver bowl, without any mark, is to go to.
Katherine Vroom, daughter of Theodosia Stevens, and
wife of J. Walter Vroom. I leave the likeness of Mrs.
Lucy Jarvis, my great grandmother, (now hanging in
my dining room) to the said Katheiine Vroom. I leave
the likeness of my father, Jacob WValdburg, (now hang-
ing in my dining-room) to H. Waldburg Davis, son
of William and Louisa Davis, now living in Lamberts-
ville. New Jersey.

Item Fourtrh:- I give, devise and bequeath unto
my Executors hereinafter named, and the survivor of
them, and to the successor or successors of such surviv-
ors, the sum of Ten Thousand ($10,000.00) Dollars to be
invested in such manner and in such property, real,
personal or mixed, as they shall deem best, to have and
to hold the same, in trust, nevertheless, for the sole and
separate use of Miss Katherine E. Brown for and during
the term of her natural life; and from and after her
death for such child or children as she may leave living
at the time of her death share and share alike, the child
or children of a deceased child to represent the parent
and to take per stirpes and not per capital, but if the
said Katherine E. Brown should depart this life without












leaving any such child or children, or representatives of
children, then this investment is to go to Mrs. Louisa
D. Davis, wife of William H. Davis, and the sister of
the said Katherine E. Brown, for her, her heirs and
assigns forever.
Item Fifth: All the rest, residue and remainder
of my estate and effects, wheresoever situate and of
what nature and kind soever which I may own at the
time of my death, or be entitled to in any way, and not
hereinbefore disposed of, I give, devise and bequeath
unto my Executors hereinafter named, and the survivor
of them, and to the successor, or successors of such sur-
vivor, to have and to hold the same, in trust, neverthe-
less, for the use of my said husband, J. H. M: Clinch,
for and during the term of his natural life; and from
and after his death, for such child or children as I may
leave and who may be living at the time of the death of
the said J. H. M. Clinch, share and share alike, the
child or children of a deceased child to represent the
parent and to take per stirpes and not per capita.
But if there should be living no such child or children,
or representatives of children, at the time of the death of
my said husband, then I direct that my said Executors,
or the survivor of them, or the successor or successors
of such survivor, shall pay from my estate to Mrs. Lucy
Starnes, wife of Hugh N. Starnes, her heirs and assigns,
the sum of Three Thousand ($3.000.00) DoUlars; to Miss
Mary Millen, her heirs and assigns, the sum of Three
Thousand ($3,000.00) Dollars; to Mrs. Clara Rittenhouse,
her heirs and assigns, the sum of Three Thousand
($3,00-0.00) Dollars.










4

Item Sixth: As to the balance or residue of my
estate which may be on haud after a compliance with
the directions contained in the previous items of this
Will, I direct that my said executors, or the survivor of
them, or the successor or successors of such survivor,
will divide the same or the proceeds arising from the
sale thereof into six (6) equal shares and parts and
convey or pay out said shares in manner following, that
is to say:
One (1) share to the Savannah Widows Society, for the
Relief of Indigent. Widows and Orphans, located in
Savannah; one (1) share to the Orphans' Home of the
Protestant Episcopal Church in Savannah; one (1) share
to the Union Society of Savannah; one (1) share to the
Trustees of the fund for the support of Indigent Widows
and Orphans of deceased Clergymen of the Episcopal
Diocese of Georgia; one (1) share to St. Paul's Free
Episcopal Church of Savannah; one (1) share to the
Episcopal Bishop of Georgia and his successors in office,
or such person or persons, who by law or appointment
of the Courts may be entitled or capable to receive the
same, to be held in trust as a fund for the support of
the Episcopal Mission of the Diocese of Georgia.

Item Seventh: I hereby nominate, constitute and
appoint my said husband, J. H. M. Clinch, and T. M.
Cunningham of Savannah, Georgia, the Executors of
this my last Will and Testament, and the Trustees
under this Will for the purposesdeclared therein. And
I hereby authorize and empower them, and the survivor
of them, and the successor or successors of such survivor,
to sell, mortgage, lease, or otherwise dispose of, without










5

any order from any Court., the whole or any portion of
my said estate, either at private or public sale or con-
tract whenever in their discretion it may be advisable
and to the interest of my estate to do so, and upon such
terms as to them may seem best, and to invest any
proceeds, or other balances of money which may come
into their hands and not to be used for the prompt
execution of this Will, in such manner and in such
property as they may think best, to which investment,
or other application of such proceeds, the purchaser or
purchasers, or other grantee or grantees shall not be
required to look.
IN TESTIMONY WHEREOF, I have hereunto set my
hand and seal at Savannah, Georgia, this 17th day of
April, A. D., One Thousand Eight Hundred and Ninety-
Six (1896).
,E. L. W. CLINCH, [L. s.]
Signed, Sealed, Published and
Declared by the above named
Testatrix, Elizabeth L. W. Clinch,
as her last Will and Testament,
in our presence, and we in her
presence and at her request, and
in the presence of each other,
have hereunto subscribed our
names as witnesses at Savannah,
Georgia, this 17th d(lay of April,
1896.
FANNY MINIS,
REBECCA GRATZ MINIS,
SAML. B. ADAMS.












GEORGIA,

CHATHAM COUNTY.

I, Elizabeth L. W. Clinch, beiug of sound and dispos-
ing mind and memory do hereby make, publish, and
declare this my codicil to my Will made on the Seven-
teenth (17th) day of April, Eighteen Hundred and
Ninety-Six (1896), viz:
1st. Since the making of my said Will, Miss Kather-
ine E. Brown, the person mentioned in the Fourth (4th)
Item of my Will, having died without issue, I hereby
revoke said Fourth (4th) Item of my said Will, and in
lieu thereof I give, devise and bequeath the sum of
Twenty Thousand ($20,000.00) Dollars unto Mrs. Louisa
D. Davis, wife of William H. Davis, her heirs and
assigns forever.
2nd. I will and direct t hat my executors or the sur-
vivor of them or the successor or successors of such
survivor shall pay from my estate to Miss Mary Millen,
her heirs and assigns the sum of Ten Thousand
($10,000.00) Dollars, additional to the sum of Three
Thousand ($3,000.00) Dollars provided for her under the
Fifth (5th) Item of my Will, this additional legacy of
Ten Thousand ($10,000.00) Dollars to take effect under the
same limitations, circumstances and at the same time
as is provided in the said Fifth (5th') Item of said Will
with reference to the said legacy of Three Thousand
($3,000.00) Dollars.
3rd. I will and direct that my Executors, or the sur-
vivor of them, or the successor or successors of such
survivor shall pay from my estate to Mrs. Clara Ritten-












house, her heirs and assigns, the sum of Ten Thousand
($10,000.00) Dollars, additional to the sum of Three Thou-
sand ($3,000.00) Dollars provided for her under the Fifth
(5th) Item of my Will, this additional legacy of Ten
Thousand ($10,000.00) Dollars to take effect under the
same limitations, circumstances and at the same time
as is provided in the said Fifth (5th) Item of my said
Will with reference to the said legacy of Three Thou-
sand ($3,000.00) Dollars.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal at Savannah, Georgia, this 29th day of May,
A. D., Nineteen Hundred and One (1901).
ELIZABETH L. W. CLINCH, [L. s.]
Signed, Sealed, Published and
Declared by the above named,
Elizabeth L. W. Clinch, as a
codicil to her last Will and Testa-
ment executed the 1Tth day of
April, A. D., One Thousand
Eight Hundred and Ninety-Six
(1896), in our presence, and we in
her presence and at her request
and in the presence of each
other, have hereunto subscribed
our names as witnesses at Savan-
nah, Georgia, this 29th day of
May, A. D., Nineteen Hundred :
and One (1901). .
CHARLES SMITH.
GEO. H. RICHTER.
T. M. CUNNINGHAEM, JR.












STATE OF GEORGIA,
CHATHAM COUNTY, SS.
Ordinary's Office.

I, J. ROBERT CREAMER, Clerk of the Court of Ordinary
of Chatham County, State of Georgia, do hereby certify:
That the above and foregoing five (5) pages of type-
written matter to be a true and correct copy of the last
Will and Testament of Elizabeth L. W. Clinch, deceased,
as appears of record in this office, reference being had to
the original papers on file and of record in the Court of
Ordinary, Chatham County, Georgia.

IN WITNESS WHEREOF, I have hereto set
my official signature and affixed the
seal of the Court of Ordinary, at the
City of Savannah, County and State
aforesaid, the 21st day of March, in
the year of our Lord One Thousand
Nine Hundred and Three (1903).

J. ROBERT CREAMER,
Clerk of the Court
-. of Ordinary, C. C., Ga.














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ESTATE OF


J. H. M. CLINCH,

DECEASED.





CERTIFIED COPY OF LAST WILL
AND TESTAMENT.
$







HENRY McALFIN,
Judge.


PAEbBES BRAID A HUTTON, 8v-h-h, G,











ESTATE OF


J, H, M, CLINCH,
DECEASED.

CERTIFIED COPY OF LAST WILL
AND TESTAMENT,

STATE OF GEORGIA,

CHATHAM COUNTY.
I, J. H. M. Clinch, of the City of Savannah, and
County and State aforesaid, do make, publish and
declare this my last Will and Testament, hereby re-
voking all former Wills by me at any time heretofore
made:
Item First: I direct that all of my just debts
be paid by my Executors as soon after my decease as
practicable.
Item Second: I give, devise and bequeath to my
beloved wife, Elizabeth L. W. Clinch, the sum of
Ten Thousand Dollars ($10,000). and also my books,
engravings, pictures, furniture and household effects
of every kind, and at her urgent request, and inas-
much as she is already amply provided for, I dispose
of all the rest and residue of my Estate, bequeathing
and devising the same as is hereinafter provided.
Item Third: I direct that my Executors do pay
to my mother, Sophia H. Clinch, the sum of Two
Thousand Dollars ($2,000) during each and every










year that she survives me, paying the samnie in semi-
annual instalbnents of One Thousand Dollars ($1,-
000) in advance, on the first days of January and
July of each year. As this annuity to the amount of
Fourteen Hundred Dollars is a present charge upon
my plantation in Camden County, Georgia, known
as "The Refuge," and as I desire that this plantation,
along with the rest of my real property, should be
sold by my Executors as soon as an advantageous
sale thereof can be made (as is hereinafter more fully
stated), I request that my Executors do procure from
my mother a release of her said claim upon said plant-
ation, and that they do secure the annuity herein pro-
vided for her by and with the moneys or stocks and
bonds belonging to my Estate, or so much thereof as
may be necessary for this purpose, leaving the rest
of my Estate free from the lien or charge of said
annuity. I do not doubt that the cash or securities
that I leave will be ample for this and for the other
purposes for which my Will provides.

Item Fourth: All the rest and residue of my
Estate, wherever the same may be situate, I give,
devise, and bequeath unto my Executors hereinafter
named, and to the survivor of them, and the successor
and successors of such survivor, to be held by them in
and upon the following uses and trusts, that is to say,
to divide and distribute the same, or the proceeds of
the sale thereof, into five equal shares, and to distrib-
ute and deliver the same as follows:










One share to my sister, Mrs. Eliza B. Anderson,
to be invested and to be held by her for her own use
during her life, with remainder to such child or chil-
dren as may be living at the time of her death, the
representatives of a deceased child to stand in the
place of the parent, taking per stirpes and not per
capital. One share to my sister, Mary L. Clinch, in
fee simple. One share to my brother, Henry A.
Clinch, to be invested and to be held by him for his
own use during his life, with remainder to such child
or children as he may leave living at the time of his
death, the representatives of a deceased child to stand
in the place of the parent, taking per stirpes and
not per capital. One share to be divided equally be-
tween Duncan C. Heyward and Bayard C. Heyward,
the children of my deceased sister, Catherine M.
Heyward, to each and to his heirs and assigns in
fee simple. One share to be equally divided between
Duncan L. Clinch, Bayard Clinch, J. H. M. Clinch,
It. Floyd Clinch and George 0. Clinch, the children
of my deceased brother, Duncan L. Clinch, to each,
and to his heirs and assigns, in fee simple, but should
any of said children of Duncan L. Clinch not survive
me and die before I do without leaving a wife or
child, or representative of child surviving him, then
his share is to vest equally in his brothers who do
survive me, but should any of said children of Duncan
L. Clinch die before I do, leaving a wife or child or
representative of child surviving him, his share is to
vest in such wife or child, or to be divided between his
wife and children as the case may be. Should the said










share bequeathed to my sister, Mary L. Clinch, lapse
on account of her death before mine, then the division
and distribution herein directed shall be into four
shares instead of five.

Item Fifth: In order that my Estate may be
divided and settled upon those entitled thereto, I
desire that my plantations and lands in Camden
County, Georgia, and my real and other property in
Florida be sold by my Executors as soon as fair and
advantageous sales thereof can be made by them, and
I direct that said properties be sold within five years
from the date of my death. Until my plantations in
Camden County are sold, however, I desire and direct
that my Executors do cultivate the same for the ben-
efit of my estate, and that they do reserve a sufficient
amount of money for this purpose, and for their in-
formation, I state that in my opinion Ten Thousand
Dollars should be sufficient to meet the cost of oper-
ating said plantations from the first of January until
the crop of the current year begins to be marketed.
Upon the termination of the annuity provided for
my mother, I direct that the property reserved by my
Executors to pay or secure such annuity shall be dis-
tributed and divided to the persons who are named,
and according to the manner and plan directed, in the
Fourth Item of this Will and while any of the Estate
is held together, the net income, after paying all prior
charges, is to be divided and distributed similarly.

Item Sixth: I do hereby nominate, constitute and
appoint T. M. Cunningham and D. C. HIeyward and










the survivor of them, the Executors of this my last WVill
and Testament andTrustees under the provisions of the
same, and I do hereby authorize them and the survivor
of them, and the successor and successors of such sur-
vivor, to sell, either at public or private sale, with or
without notice, and without obtaining any order from
any Court or Officer, the whole or any portion of my
Estate whenever in the execution of this Will it may
be deemed expedient to do so, and to make to the
purchaser or purchasers good and lawful titles, the
proceeds of any such sale or sales to be disposed of
according to the provisions of this Will, but the pur-
chaser or purchasers at said sale or sales shall be in
no wise bound to look to the application of the pro-
ceeds thereof.
IN WITNESS WHEREOF, I have on this the Eleventh
(11th) day of July in the year of our Lord One
Thousand Eight Hundred and Ninety-two (1892)
set my hand and seal to this my last Will and Testa-
ment at Savannah, Georgia.
J. H. M. CLINCH, (L. s.)
Signed, Sealed, Published and
Declared by the above named
testator, J. H. M. Clinch, as and
for his last Will and Testament
in the presence of us, who at his
request and in his presence and in
the presence of each other, have
subscribed our names hereto as
witnesses.
SAML. B. ADAMS.
E. L. GOODMAN.
A. P. ADAMS.











CHATHAMl COUNTY,
STATE OF GEORGIA, 88.
Ordinary's Office.

I, JOSEPH MOLINA, Clerk of the Court of Ordinary
of Chatham County, State of Georgia, do hereby
certify: That the annexed and foregoing instrument
contains a true and faithful copy of the last Will and
Testament of J. H. M. Clinch, late of said County,
deceased, duly proven in common form before said
Court of Ordinary on the 17th day of May, 1904, as
appears, reference being had to the original on file
uaiid of record in this office.

IN WITNESS WHEREOF, I have hereto set
my official signature and affixed the
seal of the Court of Ordinary, at the
City of Savannah, County and State
aforesaid, the Seventeenth day of
May, in the year of our Lord One
Thousand Nine Hundred and Four.
JOSEPH MOLINA,
Clerk of the Court oqf Ordinary,
Chatham County, Georgia.












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