Litchfield enquirer., 1849-08-02
LrTcHFIELb, CCONH,) THURSDAY AUGUST !. em
Will Of the late Gan. Gaines.

late Gen. Gaines. which will be found O
great interest. The document was draw,
up BY himself, and is in his own hand
writing:-
In the name Of God-Amen-I, Ed
mund Perdleton Gaines, being now in tn
enjoyment of excellent health for whicl
l am duly thankful, but having arrived
at that period of life at which it become
the duty Of man to hold themselves read,
for disease and deat!-and, moreover
having this day learned, for the first tim,
in the course of my life, that my late mar
rage contract will admit of a construc
ton tending to deprive my beloved wife
Myra Clark Gaines, of the right of dow.
er, to which she would have been emit.
tied without such contract. do hereby
ordain and establish this to be nv will
and testament--that is to say -
First, hereby appoint my wife, Myra
Clark Gaines, my executrix and my ne
phew, Francis S. Lyon, of Demopolis,
Ala; and my nephew, Francis Young
Gaines, of Mobile, Ala. !; and Virgil
Whitney, Esq, of Binghamtoh, N. Y. ;
and my son Francis Henry Toulman
Gaines. of Mobile, Ala. and my son,
Edmund Pendleton Gaines, jr., of Mem
phis, Tenn, my executors, who are here
BY authorized and requested to pay all
my just debts, and then to divide ali the
money and property owned by me at the
time of my death. equally between my
wife, Myra Clark Gaines, and my above
named sons, Francis Henry Toulman
Gaines, and Edmund Pendleton Gaines,
jr., share and share alike--any thing in
said marriage contract to the contrary
Notwithstanding.
It's, however, to be clearly understood
that the above devise shall take effect on
ly in the event Of the suits, brought or to
be brought, for the recovery of the es-
tate devised by Daniel Clark to his
daughter, the above named Myra Cla,k
Gaines, as his devisee, or his heir at law,
being decided against her and her hus-
band. Should the said suits, or any of
them, be decided in favor of the said
Myra and the unde; signed, so as to Sc
cure to her the whole or the principal
part of the said estate sued for, then, in
that case, my aforesaid executors and ex-
ecutrix are hereby authorized and re.
quested to make such equitable distribu-
ton Of the estate to which the unde".
signed may be entitled, as to them shs Il
be reasonable and just. Should they dis
agree, they are hereby authorized and
requested to submit to the arbitration of
mutual friends to be chosen by 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 Virginia sword to Henry T. Gaines;
the Tennessee sword to Edmund Pendle-
ton Gaines; and the New York sword to
William Wallace Whitney. A copy OF
my gold medal to my beloved wife, an
ether to Rhoda, and another to Julia
His step daughters.
Given under my hand and seal at New
Orleans, this 22d day of January, ls45.
[Signed
EDHuND PENDLEroN GAINES. r.. 81
On the back is the following endorse.
ment -
JANUARY, %, 1s45, 10 P. M.-The
within is hasty draft Of my last will and
testament, which should l live, I will, as
soon as I have leisure transcribe and i'm
prove.
[Signed EDMUND P. GAINES.
Maj. Gen. q. s. A. CONG. Western
Division.
The bill was probated in the First Dis
trict Court, on the 9th inst, by Messrs.
Wright and McMahon. attorneys for the
executrix.