Last Will and Testament of Leah Eads

submitted by Donnie Pickard

Pope County, AR
Will Book B-page 44
Last Will and Testament of Leah Eads
Know all men by these present that I Leah Eads of the County of Van Buren and State of Arkansas and being sound in mind and in good health but knowing the uncertainty of life and the certainty of death and having advise to dispose of my property that God has blessed me with do on this 30th day of May 1862 make my will and testament.
1st I Will and bequeath unto my son Lewis H B. Eads all my real and personal property together with all my money and evidence of dept that I have on hand or in any way coming to me.

2nd I want all my property both real and personal sold at my death and the proceeds to go to Lewis H. B. Eads for his support and I want a guardian appointed for Lewis H. B. Eades to take care of him and to manage and control his estate.
Given under my hand and seal this 30th day of May A.D. 1862
Test
I.F. McAlister Leah [ her X mark] Eades {seal}
Wm. H. McKinney
State of Arkansas
County of Pope
The State of Arkansas

To any Judge or Justice of the Peace in the Confederate State
Greetings
Know ye that reposing confidence in your prudence and fidelity do by these presents give unto your attorney diligently to examine I.F. McAlister and Wm. H. McKinney witnesses to the ____ Will of Leah Eads authorizing and empowering you to take the attestation of said witnesses upon their oath or affuination(?) that you cause their attestation to be reduced to writing in their presence and by them subscribed and when you shall have taken the same then that you send the same duly certify with this commission closed under your seal to the under signed clerk of the Circuit Court of Officio Clerk of the Probate Court within and for said Pope County in said state of Arkansas without delay. In Testimony where of I have hereunto set my hand and affixed the seal of my office at office in Dover, Arkansas
This _ day of November 1862.
Andrew J. Bayliss Clerk
State of Arkansas
County of Van Buren

I I.F. McAlister one of the attesting witnesses to the will of Leah Eads deceased do solemnly swear that I wrote the annexed will of Leah Eads deceased and that I read the will to her and at her request I assigned her name to the Will and witnessed the same and that she was of sound mind at that time and the ____ the same.
I.F. McAlister

Sworn to and subscribed before me W.B. Foster ___ Justice of _____ Van Buren County Ark on this 9th of November _____
W.B. Foster

Page 45
I W. H. McKinney do solemnly swear that the Will annexed here unto I heard Leah Eads Acknowledged was hers and asked me a witness the same which I did also believe her to be of sound mind at that time so help God.
Wm. H. McKinney

Sworn to and subscribed before me W.B. Foster and acting Justice of the peace Van Buren County Arkansas this 9 of November 1862
W.B. Foster
State of Arkansas
County of Pope

I Andrew J. Bayliss Clerk of the circuit Court and Officio Clerk of the Probate Court within and for said Pope County do hereby certify that the foregoing will of Leah Eads was filed for Record in my office on the 4th day of November 1862 and the same is duly Recorded in Record Book of Wills pages 44 & 45.
Witness my hand and seal of office this 12th day December 1862
Andrew J. Bayliss Clerk
Book F-page 276
Pope County, AR - January 22, 1863

Green B. Fondren adm. of Leah Eads
Citation to discover embezzled property

Charley Eads Respondent
Now on this day comes the Respondent by attorney and files his motion to squash and dismiss said citation and affidavit and the court being fully advised in the premises doth over rule said motion and there upon both parties appear in open court by attorney and in their proper person, and both parties announced themselves ready for trial and after hearing the evidence and argument of counsel the court doth find from the testimony that said respondent Charley Eads has embezzled and does unlawfully retain the sums of money bonds of the confederate states and rifle gun referred to in the affidavit of the plaintiff, and the court doth order the said respondent deliver to said plaintiff Green B. Fondren the aforesaid sum of money confederate bonds and rifle gun and it is further considered by the court that said plaintiff have and recover of and from said respondent all of his costs in this cause _____ . Respondent files affidavit and bill of exception for an appeal after Circuit Court appeal is granted.