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Elias Hartwell's Will & Testament

Elias Hartwell signed this will at Briarmont in February 1911, in the last months of his life. His daughter, Adelaide Hartwell, carried it out as his executor, and the argument over its third clause took seven years. The original is on file with the Hartwell County Clerk at Town Hall, and the town's trust that came out of that clause still exists.


Last Will and Testament of Elias Hartwell

Briarmont, County of Hartwell, State of California, the ninth day of February, 1911.

I, Elias Hartwell, of Briarmont, being of sound mind, make this my last will.

  1. I revoke all wills and codicils made by me before this one.

  2. I direct that my own debts and the debts of Hartwell Timber Co. be paid before anything else is done under this will. For that purpose my executor shall sell the company's mill, works, equipment and timberlands, or so much of them as is needed to settle what the company owes.

  3. I leave all the rest of my property, including the estate on the rise above the town with its house, grounds, library and outbuildings and the land around it, to the use and betterment of Briarmont and its people, in whatever manner may be deemed fitting by those who remain.

  4. I have no wife. Adelaide Hartwell, born at Briarmont, is my daughter. I make no gift to any person.

  5. I appoint my daughter, Adelaide Hartwell, to be executor of this will, to serve without bond.

Signed: Elias Hartwell

Signed and declared by Elias Hartwell as his last will in the presence of us, who sign as witnesses at his request and in front of one another:

Orrin Lathrop, merchant, of Briarmont

The Clerk of Hartwell County