The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-07-20
Gen. Gaines VIII.

We take from the New Orleans Picayune the
following copy of the will of the late Major Gene
raj Gaines The document is entirely an autograph,
and, as the context shows, has been drawn up by
himself:
Gin the name of God amen: /, Edmund Pendle-
ton Gaines being now in the enjoyment of excel
lent health, for which am duly thankful, but hav-
ing arrived at that period of life at which it becomes
the duty of men to hold themselves ready for dis
ease and death; and, moreover, having this day
learned, for the first time in the course of my life,
that my late marriage contract will admit of con-
struction tending to deprive my beloved wife, Myra
Clark Gaines, of the right of dover to which she
would have been entitled without such contract,
do hereby ordain and establish this to be my last
will and testament-that is to say: First. hereby
appoint my wife, Myra Clark Gaines, my execu-
trix; and my nephew, Francis s. Lyon, of Demopo-
lis, Alabama; and my nephew, Francis Young
Gaines, of Mobile, Alabama; and Virgil Whitney,
esq, of Binghampton, New York; and my son,
Francis Henry Toulman Gaines, Of Mobile, Ala
bama; and my son, Edmund Pendeton Gaines, ir.,
Of Memphis. Tennessee, my executors; who are
hereby authorized and requested to pay my just
debts, and then to divide all the money and pro-
perty owned by the time of my death, equally,
between my wife, Myra Clark Gaines, and my
above-named sons, Francis Henry Touman Gaines
and Edmund Pendleton Gaines, junior, share
contract to the contrary Notwithstanding. 1t is,
however, to be clearly understood that the above
devise shall take effect only in the event of the
suits, brought to be brought for the recovery of
the estate devised by Daniel Clark to his daughter,
the above-named Myra Clark Gaines; as his devil
see, OF his heir law, being decided against her
and her husband
"Shoud the said suits, or any Of them, be decided
in favor Of the said Myra and the undersigned, so
as to secure to her the whole, the principal part,
Of the said estate sued for then, in that case my
aforesaid executors and executrix are hereby au-
tborized and requested TO make such equitable dis
trbuton Of the estate to which the undersigned
may be entitled, to them shall be reasonable and
just. Should they disagree, they are hereby au-
thorized and requested to submit the matter TO the
MOtfauon OF Hutud irieDus, 10 De CHOSEN Dy the
said Myra Clark Gaines on the one part, and the
said executors on the other part. My swords Of
honor are to be disposed Of as follows: The vir-
ginis sword to Henry T. Gaines; the Tennessee
sword to Edmund Pcndleton Gaines and the New
York sword to William Wallace Whitney. A copy
Of my gold medal to my beloved wife, another to
Rhoda, and another to Julia-[his step-daugh-
ters.
"Given under my hand and seal at New Orleans,
this 22d day Of January, ls45.
(Signed)
EpsUsp PEspLEros GAINES. H.. SIP
On the back is the following endorsement :.
January %, l645, 10 p. m.-The within is has
ty draft of my last will and testament, which,
should | live, will, as soon have leisure,
transcrbe and improve.
(Signed) Edmund p. GAMES,
Maj. Gen. U. s. A., Cong Western Division. "
The document was probated in the First Dis
uict Court, on the 9th instant, by Messrs. Wright
and Mcmahon, attorneys for the executrix.
The date Of the will shows that the old Generals
dying words, My knapsack is packed, and am
ready for the last march, were literally true in
every sense