Generation One

1. Lemuel H. HORTON;¹ born circa 1808 Virginia;² OR born 1 May 1811; The following account is a legend of Lemuel's birth as passed down through the descendants of his daughter Amanda. Lemuel's great-granddaughter, Rachel Chaney, was the last source for this story (Rachel Caves e-mail, 28 Feb 1999):

"We in our family have always been told Lemuel Horton was found by a log, wrapped in a woman's underskirt in Virginia by a couple on their way to church. They took the baby there and tried to find who in the neighborhood may have had a baby but failed, a couple in the church took Lemuel and gave him their name Horton;"³ married Frances (--?--) before 1850;² married Fanny Barentine 20 March 1873 Irwin County, Georgia;⁴ died 19 October 1886 Irwin County, Georgia, at age 75;⁵ buried after 19 October 1886 Crisp Cemetery, Ben Hill County, Georgia.³

Lemuel appeared on the census of 1830 in Stafford County, Virginia.⁶ I have not found Lemuel listed as head of household in any 1840 Census Index. The 1840 South Carolina Index shows Lamb and Leonard Horton, both of whom do not fit in Lemuel's age group. I have also checked the 1840 S.C. Index for Lemuel under Norton and Morton, and other variations, with no favorable results. He was a Farmer between 1850 and 1880 Irwin County, Georgia.^2,7,8,9 On 3 March 1850, Lemuel bought 490 acres of land from James Gibbs for $175. This land is located in the third district of Irwin County, lot # 92.¹⁰ He appeared on the census of 14 October 1850 in Irwin County, Georgia.² He appeared on the census of 17 July 1860 in Irwinville, Irwin County, Georgia.⁷ He began military service on 4 March 1862 Irwin County, Georgia, He enlisted with the F Company, 49th Infantry Regiment of Georgia, CSA, also know as the "Irwin Volunteers."¹¹ He ended military service on 4 July 1862; He was discharged because of being over-aged.¹¹ On 12 July 1862, Lemuel is listed in the hospital register of General Hospital Number 4, in Wilmington, North Carolina.¹¹ On 14 October 1869, he gave a Land Grant to Methodist Episcopal Church:

State of Georgia, Irwin County

Know all men by these Presents that I Lemuel Horton for and in consideration of the love I have for the cause of Christ and from an earnest desire to promote his heritage on earth -- do give and grant and by these presents convey unto Lyman Dixon and Andrew J. Barton - agents for the Publishing House of the Methodist Episcopal Church South -- for the use of that Denomination Three Acres of land layed off so as to include the Church Building that now stands there and the Burying Ground -- it being a part of Lot number ninety two in the third District of Irwin County, as a church Yard and Burying Ground to be applied by said agents to the objects herein stated, under the direction of the General Conference of the Methodist Episcopal Church South and the said agents are to have and to hold the property aforesaid free from the claim or claims of myself -- my heirs, my Executors or administrations, and from the claims of all others whatsoever.

In witness whereof I have set my hand and seal this the 14th day of October 1869.

his

Lemuel x Horton

mark

In presence of

Thomas D. Wilcox

William O. McRea

D. C. Mann Ordinary of Wilcox County

Recorded this 22nd Oct. 1869.¹²

He appeared on the census of 16 June 1870 in Irwinville, Irwin County, Georgia.⁸ On 24 October 1876 Lemuel sold 490 acres of land to George R. Cooper for $100. This land is located in the third district of Irwin County, lot # 177.¹³ He appeared on the census of 11 June 1880 in Irwin County, Georgia.⁹ He left a will on 4 March 1882 Irwin County, Georgia;

LAST WILL AND TESTAMENT OF LEMUEL H. HORTON

State of Georgia, Irwin County

In the name of God Amen. I, Lemuel Horton of said State and County being of advanced age, but of sound and disposing mind and memory, knowing that I must shortly depart this life deem it right and proper both as respects my family and my self that I should make a distribution of the property with which the kind providence has blessed me. I do therefore make this my last Will and Testament hereby revoking and annulling all others by me heretofore made.

FIRST: I desire and direct that my body be buried in a decent and Christian like manner suitable to my circumstances and condition in life, my Soul I trust shall return to rest with the God who gave it as I hope for salvation through the merits and atonement of the Blessed Lord and Saviour Jesus Christ.

SECONDLY: I desire and direct that all my just debts be paid without delay by my executor hereinafter named and appointed.

THIRDLY: I give and bequeath to my son George W. Horton, and to my daughters Amanda Chaney the wife of Harrison Chaney, Lucretia Mixon the wife of Josiah Mixon and Nancy Ann Cooper the wife of Robert Cooper Five Dollars each.

FOURTHLY: All the rest and residue of my property real and personal, rights and credits, I give, devise and bequeath to my executor hereinafter named to apply the same to use and benefit my wife Fannie Mae, my children born and to be born of her the same to be kept together and used until the youngest of said children born and to be born shall arrive at the age of twenty on years or until the death or marriage of my said wife should either of these events occur at the right time and upon the happening of either of the last two mentioned events the marriage or death of my wife before the youngest child becomes of age, then the said property shall be divided by the said trustee equally between the said surviving children and should my wife survive unmarried until the youngest child shall become of age, then the said property to be divided equally between my wife and said children, these provisions for my said wife to be in lieu of dower and years support and should my said wife elect not to accept these provisions in lieu of dower and years support, then I desire all the rest of my property after the dower and years support are taken out including the remainder or remaining interest in such lands as she may select for dower to be divided equally between my said children by her in the manner aforesaid and my said executor to become their guardian.

FIFTHLY: I hereby constitute and appoint my friend Thos. D. Wilcox, executor of this my last Will and Testament.

In Witness Whereof, I have hereto set my hand and seal this the Fourth day of March of the year of our Lord One Thousand Eighteen Hundred and Eighty Two.

(X) Lemuel H. Horton (his mark)

Signed, sealed and published and declared by the said Lemuel H. Horton as and for his last Will and Testament in our presence who at his request and in his presence and in the presence of each other have subscribed our names as witnesses of the due execution of this his last will.

Thos. D. Wilcox, Geo. R. Reid Jr., B. O. Tomberlin.¹

APRIL TERM 1888

IRWIN COURT OF ORDINARY

Annual return of T D Wilcox Executor, Trustee and Guardian of Lemuel H. Horton deceased stock in Kind.

Cows 18 Head

Hogs 10 Head

1 Mare 1 ''

Land 490 acres

Money, Notes & Accts $85.

Furniture $75.

Plantation $73.

1 Gun $10.

GEORGIA IRWIN COUNTY.

In person appeared before the undersigned T D Wilcox who upon oath says that the statements contained in the foregoing return are true.

Sworn to and subscribed before me 2nd day of Apr. 1888.

T. D. Wilcox

W. B. Fussell, Ordinary.⁵

DEC. TERM 1888

GEORGIA IRWIN COUNTY

Hon. W. B. Fussell, Ordinary of Irwin County.

I hereby make application for leave to sell at private sale for the benefit of the heirs and creditors and to prevent destruction of the same by fire and otherwise all the round timber which will do for saw mill purposes belonging to the estate of Lemuel Horton Deceased. Said timber has been boxed for turpentine purposes and if not raked every year will finally be destroyed by fire therefore will be of no value to said estate unless turned into money all of which is respectfully submitted to your honor to be acted upon and if you deem advisable to grant the order. Nov. 2nd, 1888.

T. D. Wilcox, Executor

Recorded Dec. 3rd, 1888

W. B. Fussell, Ordinary

ORDER

Read and considered and ordered that T D Wilcox executor have leave to sell said property to wit: Round Timber of the estate of Lemuel Horton Deceased at private sale. Dec 3rd, 1888.

W. B. Fussell, Ordinary I. C.⁵

IRWIN COURT OF ORDINARY APRIL TERM 1889

T. D. Wilcox Executor of Lemeul HOrton

Petition for dismaissal from said trust, order, etc,

In Irwin Court of Ordinary April Term 1889

The petition of T. D. Wilcox Executor of Lemuel Horton late of said County deceased shows that he has discharged his duties of said trust and has turned over all the property that went in to his hands as such executor in the hands of the widow in her own right and as Guardian for the minours of said deceased who has been appointed such by the Court of Ordinary of said County in the place of petitioner appointed, under the Will and ___________ and has paid all of the debts of said estate. He therefore prays that he may be discharged from the duties of said executorship.

T. D. Wilcox

ORDER

The above read and considered, ordered that the required notice be issued and published as required by law to be heard first Monday in June next. April the 2nd, 1889.

M. T. Paulk, Ordinary Irwin County

IRWIN COURT OF ORDINARY APRIL TERM 1889

T. D. Wilcox Executor of Lemuel Horton Deceased

The undersigned and foregoing petition of T. D. Wilcox Executor of Lemuel Horton Deceased for dismission from his executorship for said estate.

Petition read and considered and it appearing that the facts stated in said petition are true and that said executor has fully discharged his duties therein by paying the debts of said estate and turning over the remainder to the heirs at law and legatees as provided by law it is therefore ordered that said applicant T D Wilcox as executor aforesaid is hereby discharged from the executorship aforesaid and that letters of dismission issue to him.⁵

Frances (--?--)² was born circa 1803 South Carolina.² She appeared on the census of 14 October 1850 in Irwin County, Georgia.² She appeared on the census of 17 July 1860 in Irwinville, Irwin County, Georgia.⁷ She appeared on the census of 16 June 1870 in Irwinville, Irwin County, Georgia.⁸

STATE OF GEORGIA IRWIN COUNTY

To the Ordinary of said County.

The petition of Fanny Horton of said county showeth that she is the widow of Lemuel Horton late of said county deceased that said Lemuel Horton departed this life testate on the 19th day of October in the year 1886 leaving surviving him your petitioner and two minor children all of said county to wit: Reid Horton aged 14 years, Mattie Horton 13 years of age that Thomas D. Wilcox of said county is the duly appointed executor of the last will of said deceased that the personal property of said deceased has been appraised at about the sum of Four Hundred Dollars and that she hereby waives her right to the provisions made for herself and Minor children in the last Will of said testator and deceased and refuses to accept the same under said Will and that she desired to have set apart nd assigned to herself and her said Minor children in property or money a sufficiency from the estate of said deceased for the support of herself and said Minor children for the space of twelve months from the date of said administration. Wherefore she prays that a notice to the Executor as required by law five discreet persons be appointed for the purpose of setting and assigning a years support and the household and kitchen furniture to herself and minor children.

her

Fannie X Horton

mark

Witness: M. D. Young

GEORGIA IRWIN COUNTY

WARRANT OF APPRAISEMENT

To W. A. Clark, L. Story, Willis Dorminey, Jacob Dorminey, and W. G. Dorminey

You having been appointed as appraisers for the purpose of setting aside and assigning to Fanny Horton widow of Lemuel Horton and her two Minor children a twelve months support from the estate of Lemuel Horton deceased these are therefore to require you or a majority of you that from the personal property of the said deceased you set aside for the widow Fanny Horton and her two minor children a years support from the date of the administration either in property or money.

Also a sufficient amount of household and kitchen furniture estimated according to the circumstances and standing of the family of the said deceased.

You are also required to make a schedule of the property set apart under oath and return the same to me within three months from the date of your action in the matter 7th day of May 1888.

W. B. Fussell, Ordinary.⁵ AUGUST 6, 1888

IRWIN COURT OF ORDINARY

ORDER

Commission having been appointed to set aside a years support for Fannie Horton said Commission having been returned with the action of said commissioners, it is therefore ordered that citation issue this Aug. 6th, 1888.

W. B. Fussell, Ordinary

GEORGIA IRWIN COUNTY

NOTICE

In the matter of Fannie Horton Vs. T. D. Wilcox: For Years Support.

The commossion having beenacted upon and returned this si to cite all persons concerned that if no good cause be shown said years support will be allowed on the first Monday in Sept. next at my office in Irwinville. This Aug. 6th, 1888.

W. B. Fussell, Ordinary.⁵ IRWIN COURT OF ORDINARY APRIL TERM 1889

T D Wilcox Executor of Lemuel Horton.

Resignation of T D Wilcox Guardian of Minors of Lemuel Horton Deceased

To the Ordinary of said County.

The petition of T D Wilcox Testamentary Guardian of Reid W. and Mattie Horton Minors children of Lemuel Horton deceased... shows that on account of his health and the condition of his own provate affairs he cannot longer discharge the duties aforesaid trust he therefore makes and tenders his resignation as such guardian and that Francis Brady the Deceased and mother of said Minor children is a suitable person to take upon herself the duties of said trust and has signified her willingness to do so, he therefore prays he may be released therefrom and the same committed to her.

Signed

T. D. Wilcox

GEORGIA IRWIN COUNTY

I, Francis Brady agree to accept the Guardian of the Minor Children of Lemuel Horton Deceased upon the revocation of T. D. Wilcox.

Signed

Francis Brady

M. T. Paulk, Ordinary, Irwin County

IRWIN COURT OF ORDINARY APRIL TERM 1889

Reid and Mattie Horton: Application for Guardian of Reid and Mattie Horton

The above and foregoing application of T D Wilcox for resignation Guardian of Minor of Lemuel Horton Deceased and considered, ordered that his resignation be accepted upon his settling in terms of the law and that Francis Brady the widow of said deceased and mother of said Minor children being a suitable person to discharge the duties of said trust it is ordered that he be his appointed Guardian of Reid W. and Mattie Horton Minors of said Lemuel Horton deceased upon her giving Bond and security in the sum of Two Hundred and Fifty Dollars and taking the oath of office.

M. T. Paulk, Ordinary Irwin County.⁵

As of 2 April 1889, Fanny was also known as Francis Brady.⁵

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Last Updated: May 09, 2002