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Jeff Davis' last battle
Beauvoir and Harrison County in tug of war over CSA president's will
By BETH MUSGRAVE
BILOXI -
Jefferson Davis left his Warren County home and much of his belongings to his wife.
His interests in two Louisiana plantations were left to family friends.
But what the president of the Confederacy did not say in his final will is what would happen to his three-page, handwritten will.
Since the will was filed in December 1889 in Harrison County Chancery Court, it has remained at the Gulfport courthouse, first in a court file and now in a safe.
Now Beauvoir, the final home and shrine to Davis, wants the original will for a display at its library in Biloxi. The Sons of Confederate Veterans, which owns the estate, has been trying for more than two years to get the will.
"It's obviously a very important document," said Patrick Hotard, director of Beauvoir. "It's the last document that relates to Davis. It's a fascinating document to exhibit and it's something that the public would really enjoy."
Former Chancery Court Clerk Nicky Creel has wanted to display the document since he found it more than a decade ago. While moving some old files, Creel and his staff stumbled on the will in its original court file.
"It was in horrible shape," Creel said.
The will's only trip outside the confines of the Gulfport courthouse was in the early 1990s. Creel deputized Glenn Swetman, a longtime community leader who frequently played Jefferson Davis in re-enactments, to take the document to the Department of Archives and History in Jackson to be preserved.
"They wanted to keep it then," Creel said. "But he got it back."
Creel and former Harrison County attorney Boyce Holleman wanted to find a way to display the will at the Gulfport courthouse, but security and protection was problematic.
"Things got set aside and we just never got around to it," Creel said.
After the courthouse idea fizzled, Creel thought Beauvoir might be a better site for a display. He talked to the Sons of Confederate Veterans and Chancery Court judges about moving the will several years ago.
"It's been a long, drawn-out process of getting it to one place to another," Creel said. "I think it's something that people should see. It's probably the county's most important historic document."
But transferring a public document that is part of a legal file is far from easy. It takes approval from the Harrison County Board of Supervisors as well as the state Department of Archives and History.
The will is technically owned by Harrison County, said Bill Hanna, director of local government records for the state Department of Archives and History. But according to state law, the department has final say on the disposal or transfer of all public documents.
Because Beauvoir is privately owned, the will cannot be given directly to the library.
"I don't know of any situation that we would authorize the ownership of a public document to a private entity," Hanna said.
However, there is a special provision in the law for the state to loan public documents to Beauvoir.
"Although it is not technically a government agency, it's closely tied to the state," Hanna said. "We have loaned them documents in the past."
But there has been talk that the Department of Archives and History may want the will for its own records.
Hanna said if Harrison County wanted to transfer the will to the state, the department would be interested but "it would not be something that we would press."
Hanna has been talking with Chancery Court officials and Beauvoir about a possible temporary loan and believes it can be worked out. Harrison County supervisors are expected to vote on the possible loan in coming weeks. If the county agrees, the Department of Archives and History would most likely sign off on the loan, Hanna said.
"When I talked to (Chief Chancery) Judge Margaret Alfonso, I made her swear that if there was a hurricane watch, she would go over and get the document and take it back to the courthouse," Hanna said, laughing.
--------------------------------------------------------------------------------
Beth Musgrave can be reached at 896-2331 or at bamusgrave@sunherald.com
Posted on Wed, Jun. 16, 2004
The text of Jefferson Davis' will
I, Jefferson Davis of the County of Harrison and the State of Mississippi, being of sound and disposing mind, but of such advanced age to suggest a near approach of death, do make this my last will and testament, written with my own hand and signed in the presence of three competent witnesses.
I give and bequeath to my wife Varina Davis, all of my personal belongings, including library, furniture, correspondence and the Brierfield plantation (proper) with all its appurtenances, being and situated in the County of Warren, State of Mississippi, and being the same on which we lived and toiled together for many years from the time of our marriage.
I give and bequeath of Mary Routh Ellis of Philadelphia, Penn., all of my right, title and interest in and to the "Elliston" plantation, being and situated in the Parish of Tensas, State of Louisiana, the same being the place on which her Father resided.
I give and bequeath to Mary Ridgely Dorsey, eldest daughter of William H.G. Dorsey of Howard County, state of Maryland, all of my right, title and interest in and to the "Limerick" plantation, being and situated in the Parish of Tensas, state of Louisiana, the interest in and to so much of said plantation as was the property of the late Mrs. Sarah A. Dorsey.
I give and bequeath to my daughter Varina Anne Davis, all the other property, real, personal and mixed, which was inherited by me from Mrs. Sarah A. Dorsey, deceased, and of which I may die seized and possessed.
To my wife, Varina Davis, and to my daughters Margaret Davis Hayes and Varina Anne Davis, as residinary legatees, I give and bequeath all the property real, personal and mixed, of which I may died seized and possessed, and which has not been disposed of by the preceding articles.
I appoint my tried and true friend Jacob U. Payne of New Orleans, La., and my son-in-law J. Addison Hayes Jr. of Memphis, Tenn., executors of this my last will and testament, they to serve without bond, and to have immediate seizure and possession of all my property contemporaneously with the happening of my death and to each I delegate the power to select and appoint his successor to take effect in the contingency of the death of either before the affairs of the estate have been finally settled.
In testimony whereof this will written by my own hand is signed on the day and date below written and in the presence of Frank Kennedy, R. W. Foster and A. Evans.
Jefferson Davis
Saturday, 20th Feb. 1886.
On this Saturday, the twentieth day of February, One thousand eight hundred and eight six, the above named Jefferson Davis signed and sealed this instrument and published and delivered the same as and for his last well and we in his presence and at his request and in the presence of each other have hereunto subscribed our names as witnesses.
Witnesses
R. W. Foster
A. Evans
Frank Kennedy
Jeff Davis' last battle
Beauvoir and Harrison County in tug of war over CSA president's will
By BETH MUSGRAVE
BILOXI -
Jefferson Davis left his Warren County home and much of his belongings to his wife.
His interests in two Louisiana plantations were left to family friends.
But what the president of the Confederacy did not say in his final will is what would happen to his three-page, handwritten will.
Since the will was filed in December 1889 in Harrison County Chancery Court, it has remained at the Gulfport courthouse, first in a court file and now in a safe.
Now Beauvoir, the final home and shrine to Davis, wants the original will for a display at its library in Biloxi. The Sons of Confederate Veterans, which owns the estate, has been trying for more than two years to get the will.
"It's obviously a very important document," said Patrick Hotard, director of Beauvoir. "It's the last document that relates to Davis. It's a fascinating document to exhibit and it's something that the public would really enjoy."
Former Chancery Court Clerk Nicky Creel has wanted to display the document since he found it more than a decade ago. While moving some old files, Creel and his staff stumbled on the will in its original court file.
"It was in horrible shape," Creel said.
The will's only trip outside the confines of the Gulfport courthouse was in the early 1990s. Creel deputized Glenn Swetman, a longtime community leader who frequently played Jefferson Davis in re-enactments, to take the document to the Department of Archives and History in Jackson to be preserved.
"They wanted to keep it then," Creel said. "But he got it back."
Creel and former Harrison County attorney Boyce Holleman wanted to find a way to display the will at the Gulfport courthouse, but security and protection was problematic.
"Things got set aside and we just never got around to it," Creel said.
After the courthouse idea fizzled, Creel thought Beauvoir might be a better site for a display. He talked to the Sons of Confederate Veterans and Chancery Court judges about moving the will several years ago.
"It's been a long, drawn-out process of getting it to one place to another," Creel said. "I think it's something that people should see. It's probably the county's most important historic document."
But transferring a public document that is part of a legal file is far from easy. It takes approval from the Harrison County Board of Supervisors as well as the state Department of Archives and History.
The will is technically owned by Harrison County, said Bill Hanna, director of local government records for the state Department of Archives and History. But according to state law, the department has final say on the disposal or transfer of all public documents.
Because Beauvoir is privately owned, the will cannot be given directly to the library.
"I don't know of any situation that we would authorize the ownership of a public document to a private entity," Hanna said.
However, there is a special provision in the law for the state to loan public documents to Beauvoir.
"Although it is not technically a government agency, it's closely tied to the state," Hanna said. "We have loaned them documents in the past."
But there has been talk that the Department of Archives and History may want the will for its own records.
Hanna said if Harrison County wanted to transfer the will to the state, the department would be interested but "it would not be something that we would press."
Hanna has been talking with Chancery Court officials and Beauvoir about a possible temporary loan and believes it can be worked out. Harrison County supervisors are expected to vote on the possible loan in coming weeks. If the county agrees, the Department of Archives and History would most likely sign off on the loan, Hanna said.
"When I talked to (Chief Chancery) Judge Margaret Alfonso, I made her swear that if there was a hurricane watch, she would go over and get the document and take it back to the courthouse," Hanna said, laughing.
--------------------------------------------------------------------------------
Beth Musgrave can be reached at 896-2331 or at bamusgrave@sunherald.com
Posted on Wed, Jun. 16, 2004
The text of Jefferson Davis' will
I, Jefferson Davis of the County of Harrison and the State of Mississippi, being of sound and disposing mind, but of such advanced age to suggest a near approach of death, do make this my last will and testament, written with my own hand and signed in the presence of three competent witnesses.
I give and bequeath to my wife Varina Davis, all of my personal belongings, including library, furniture, correspondence and the Brierfield plantation (proper) with all its appurtenances, being and situated in the County of Warren, State of Mississippi, and being the same on which we lived and toiled together for many years from the time of our marriage.
I give and bequeath of Mary Routh Ellis of Philadelphia, Penn., all of my right, title and interest in and to the "Elliston" plantation, being and situated in the Parish of Tensas, State of Louisiana, the same being the place on which her Father resided.
I give and bequeath to Mary Ridgely Dorsey, eldest daughter of William H.G. Dorsey of Howard County, state of Maryland, all of my right, title and interest in and to the "Limerick" plantation, being and situated in the Parish of Tensas, state of Louisiana, the interest in and to so much of said plantation as was the property of the late Mrs. Sarah A. Dorsey.
I give and bequeath to my daughter Varina Anne Davis, all the other property, real, personal and mixed, which was inherited by me from Mrs. Sarah A. Dorsey, deceased, and of which I may die seized and possessed.
To my wife, Varina Davis, and to my daughters Margaret Davis Hayes and Varina Anne Davis, as residinary legatees, I give and bequeath all the property real, personal and mixed, of which I may died seized and possessed, and which has not been disposed of by the preceding articles.
I appoint my tried and true friend Jacob U. Payne of New Orleans, La., and my son-in-law J. Addison Hayes Jr. of Memphis, Tenn., executors of this my last will and testament, they to serve without bond, and to have immediate seizure and possession of all my property contemporaneously with the happening of my death and to each I delegate the power to select and appoint his successor to take effect in the contingency of the death of either before the affairs of the estate have been finally settled.
In testimony whereof this will written by my own hand is signed on the day and date below written and in the presence of Frank Kennedy, R. W. Foster and A. Evans.
Jefferson Davis
Saturday, 20th Feb. 1886.
On this Saturday, the twentieth day of February, One thousand eight hundred and eight six, the above named Jefferson Davis signed and sealed this instrument and published and delivered the same as and for his last well and we in his presence and at his request and in the presence of each other have hereunto subscribed our names as witnesses.
Witnesses
R. W. Foster
A. Evans
Frank Kennedy
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