Last Updated On 21 December 2006
Memoirs of Georgia indicates that James McHugh married Lynda Garner. However, the marriage license quoted below clearly indicates her name was Eliza (I looked it up and transcribed it myself). Since her gravestone is inscribed Elizabeth Garner, the 1860, 1870 and 1880 census data shows Elizabeth, and the 1900 census lists her as Lizzie, I believe James McHugh married Elizabeth Garner. According to his grave marker, James was born on August 23, 1825. Morgan County Marriage Records 1808 - 1865 by Frances T. Ingmire (© 1985) shows James McQue married Elizabeth Garner on November 25, 1849. I was able to confirm this statistic by finding the original record of marriage in the Morgan County Court House, Marriage Record 1833 - 1854, page 256. The record follows: "Georgia Morgan County to any Minister of the Gospel, Judge, Justice of the Inferior Court, or Justice of the Peace, you are hereby authorized to join James McQue and Miss Eliza Garner in the Holy state of matrimony according to the constitution and Laws of this state and for so doing this shall be your sufficient License Given under my hand and seal this third day of November 1849. F. M. Arnold C C A" After the marriage, this record exists: "Georgia Morgan County I do hereby certify that James McQue and Miss Eliza Garner were duly joined in the Holy State of Matrimony by me this 24th of November 1849. Dawson B. Vance J. P." "Recorded the third day of December 1849. F. M. Arnold C C A"
Elizabeth's Last Will and Testament is on record in the Morgan County Courthouse:
Morgan Probate Court
Last Will and Testament of Mrs. Elizabeth McHugh Georgia, Morgan County - Sept. 1909 I, Elizabeth McHugh, a resident of above named state and county do the day and year above written make this my last will and testament. I being of sound and disposing mind and acting upon my own free will and accord. After my death I desire my estate to be disposed of as follows, viz:
1st I desire that all debts that are just and honest be paid.
2nd I then will and bequeath and give one-fourth my estate to my daughter Mary P. Williams, one-fourth to my son, Edward M. McHugh, one-fourth to my son Bartley T. McHugh, one-fourth to children of my son Benjamin F. McHugh to be invested and used in a reasonable way for their support.
3rd I desire that all lands that I may die possessed of remain unsold for one year after my death, unless Mary P. Williams, Edward M. McHugh, Bartley T. McHugh and Benjamin F. McHugh on behalf of his children unanimously agree in the meantime on some disposition of the land. If after one year following my death, such unanimous disposition has not been made I then desire my land of which I die possessed to be sold and the proceeds equally divided among the four legatees mentioned in paragraph two (2) above. (The children of Benjamin F. McHugh all taken together consisting one legatee and getting one-fourth of my estate).
4th It is my desire that the lands of which I die possessed remain in the family for one generation and be purchased by some one or more of my children and the proceeds divided as above directed. Said purchase to be at a reasonable price. 5th Out of the part of my estate that I herein give to children of my son Benjamin F. McHugh I desire that he have an equal personal support with them. His use and support to be purely personal.
6th I desire a suitable monument be erected over my grave out of the proceeds of my estate.
7th Lastly: I hereby nominate my son B. T. McHugh and my daughter Mary P. Williams to be executors of this my last will and testament without bond.
Witness my hand and seal Elizabeth McHugh
Last Will and Testament of Mrs.
Elizabeth McHugh - continued-
W. J. Moody
Georgia, Morgan County.
Sworn to and subscribed W. P. Herren