Christmas 2019

Wishing each of you a very Merry Christmas and a Happy New Year!

LAST WILL AND TESTAMENT OF

DRURY HAM, Revolutionary War Soldier

Transcribed by

Valerie J. Thompson

March 1, 2019

Lincoln County, Kentucky Will Book M, pages 84,85

     I, Drury Ham of Lincoln County and State of Kentucky do hereby make my Last Will and Testament in manner and form following, that is to say, 1^st, I desire that all my just debts be paid,  2^nd it is my desire that my wife, Mariah, have two hundred dollars paid to her at my death, and two hundred dollars more at the end of one year thereafter, and should she die before I do, it is my desire that my wife’s son, Lilburn Johnson shall have the last two hundred dollars named in this item, and the first two hundred dollars named in this item returned to my legal heirs, and it is hereby understood and agreed upon by and between myself and my wife, Mariah, that she is not to come in or claim any more of my estate exclusive of the four hundred dollars named above in this item. 3rdly, it is my will and desire that my daughters, Sally Harris and Matilda Wheeldon, and my son, Hardin W Ham shall have an equal part both real and personal of the balance of my estate that I have not herein before disposed of. 4^th, it is my will and desire that the children of my daughter Lucinda Graham have one equal part of my estate the same as my two daughters and my son named in the 3^rd item of this my Last Will and Testament, and the said Lucinda Graham shall be the agent for her children, and receive their part of my estate and apply it to their benefit. 5^th, It is my will that Charles N. Talbot and Drury W. Talbot, and Hardin W. Talbot, infant children of my deceased daughter, Malinda Talbot, shall have one equal part of my estate the same and equal with my children herein before named and that their part of the money arising from my estate be put in interest until they arrive at the age of twenty-one years

Page 85

old, and in case either of the children named in this item should die before they arrive at the age of twenty-one years old, the part of each child to return to his brothers, and in case all three of said children should die before they arrive at the age above named, then and in that case their part is to return to my legal heirs. Lastly, I do hereby constitute and appoint Elisha Perkins and Lewis Ball as my Executors of this my Last Will and Testament. In witness whereof I have hereunto set my hand and affixed my seal this 26^th day of September 1835.

N B: The words, she, to and part were entered before assigned. 

                                                                                          Drury Ham {Seal}

Signed and sealed

In presence of:

Lewis Ball

Lewis X Padgett (his mark)

E. Perkins

Dabney Gooch

Lincoln County Kentucky Court Set

At a county court holden for the County of Lincoln on Monday, the 28^th of December 1835, the Last Will and Testament of Drury Ham was exhibited into court and was proven by the oath of Lewis Ball, one of the subscribing witnesses, and ordered to be recorded by Elisha Perkins, one of the Executors named in said will, who made oath as the law directs, and executed bond in the amount of three thousand and five hundred dollars with Moses Grimes and Green Moore, his securities, with proper condition ordered that a certificate be granted to him in and form of law.

                                                                                 Witness: Thomas Helm

                                                                                 Clerk of Lincoln County Court

According to the pension papers of Drury Ham W27878, he died the day after Christmas, the 26^th of December 1835. He had previously been married to Rachel Williams, 21 June 1791 in Madison County, Kentucky. He married Mariah Johnson 6 April 1827 in Lincoln County, Kentucky. He was born 9 July 1760 in Orange County, Virginia. From census records, Mariah was born in 1800. 

There are other estate papers for Drury Ham, in Lincoln County, Kentucky Estate Box 34, and further record in Order Book 10, pages 398-400

Mariah married Elisha Perkins 6 February 1840 in Pulaski County, Kentucky. The marriage bonds are recorded in the pension papers. Elisha Perkins died 22 November 1864. James Eubank and Benjamin F. Eubank gave statements that "Elisha Perkins died on the 22 day of November 1864 and that she [Mariah] has remained a widow from that date until the present time.They further state that they are able to fix the date of death of Elisha Perkins for the following reasons, that they were present soon after the death and helped dress and lay said Elisha Perkins out after his death. Also,the said Elisha Perkins died on the 22 day of November 1864, it being the same day that we killed a lot of large hogs that was bought at James Crows, and furthermore, the above date is inscribed on said Perkins tombstone..." 

Mariah Perkins is buried at the Barrier Johnson Farm Cemetery in Lincoln County, Kentucky.
Mariah, wife of Elisha Perkins June11, 1800-May 15, 1875 Presious Gran Ma
Photograph of her tombstone is located at https://sites.rootsweb.com/~kylinco2/3Cemeteries/PerkinsMariah-Barrier FarmJohnsonCem.jpg

James M. Siler, POA for Sarah Griffits, relict of Weimer Siler

James M. Siler is my third great grandfather on my father's side of the family. My grandmother was Flora Siler, daughter of Sampson Siler, son of Sherrod Siler, son of James M. Siler, whose father was Weimer Siler, and whose father was Jacob O. Siler, youngest son of immigrant Plickard Dederic Siler. He came to America aboard a two masted ship, "Snow Two Sisters" the 9th September 1738.

Power of Attorney to James M. Siler from Sarah Griffits, formerly Sarah Moad Siler, and the sale of Weimer Siler's land to Jacob Siler

Transcribed by Valerie J. Thompson, July 5, 2015

Whitley County, Kentucky Deed Book 4, page 324 –

Know all men by these presents that I, Sarah Griffit, formerly Sarah Siler, Relick of Wimer Silar deceased have this day appointed and constituted James M Silar my agent and attorney in fact and do hereby constitute and empower the said James M Silar to act for me and in my stead in the transaction of my business in as full and ample a manner as I myself could do to sell and convey by and any land or interest in said land which I may have in the State of Kentucky or else where, to receive any monies which may be due and owing to me from the estate of the said Weimer Silar, Dec’d, or any other person in the state of Georgia and receipt for the same and do all of her acts which it may be necessary to be done in the transaction of my business. In witness whereof I, Sarah Griffitt have hereunto set my hand and seal, affixed my seal together with my husband, Emanuel Griffits whose hand and seals are hereto affixed the day and date above written.   [No date written]                                                                     Sarah X Griffitts  (her mark)

                                                                                                                            Emanuel Griffitts

State of Tennessee

McMinn County

Personally appeared before me William George, Clerk of the County Court of McMinn County, Sarah Griffitts  and Emanuel Griffitts who after being duly sworn according to law, do say that the foregoing Power of Attorney was made by them and for the purpose therein explained. In witness I have hereunto set my hand and affixed my seal of office…this 23^rd day of May 1856.  

                                                                                                                               Wm George, MC

State of Kentucky

Whitley County Court

I, G. C. Mathis, Clerk of the County Court for the county aforesaid do certify this the foregoing Power of Attorney for Sarah Griffit & Emanuel Griffit to James M Siler was this day processed to me my office and proved by the seal and certificate of William George, Clerk of McMinn County Court. Whereupon the same together with this certificate….”

Whitley County, Kentucky Deed Book 4, page 331 –

     This indenture made and entered into this the 31^st day of May 1856 by and between Jacob Silar of the first part and James M Siler of the second part all of the County of Whitley and State of Kentucky, Witnesseth the said James Silar, att’y has this day sold and by these presents, Give, Grant, Bargain and Sell unto the aforesaid Jacob Silar my interest in the home farm of Wymer Siler, deceased, supposed to contain five [?] hundred acres be the same more or less, lying and being in the county and state aforesaid and adjoining the land upon which the said Jacob Silar now lives and , I James M. Silar, att’y, do hereby warrant and defend the title to the aforesaid land from the claim of myself, my heirs, or assigns and all other persons. In witness, whereof I have hereunto set my hand and affixed my seal this day and date written.                                                                             James M. Silar {Seal}

                                                                                            Attorney for Sarah Griffitt

State of Kentucky, Whitley County

     I, J C Watkins Clerk of the County Court, holden for this county aforesaid do certify that this deed from James M. Silar attorney for Sarah Grifit was this day produced to me in my office and acknowledged by the said James M Silar, att’y to be his act and deed whereupon the same together with the certificate hath been duly admitted to record in my office. Given under my hand this 14^th day of June 1856.                                                                           J. C. Watkins