Page 51 - Family cookbook v30_Neat
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Because of the prenuptial agreement that Angelina signed, she was put
in a very difficult situation when Herndon killed himself, without leaving
a will. She was forced to buy back everything she needed to survive,
including the beds she and her children slept on, meat to feed them, a
grindstone to bake for them, farm animals, feed, and tools to keep the
farm running. Adding insult to injury, she even had to pay $101 rent on
her home‐farm, to the estate.
On September 3, Angelina petitioned the court for her children, that
they might benefit from a share of Herndon's estate. In those times, a
year's worth of support would be set aside for the widow and her chil‐
George Washington “Lewis“ Davison
dren before the estate was settled. She sued for $1000 and all proper
relief. The children by Herndon's first wife, George Washington Lewis Davison and Antoy Elizabeth Poynter and
her husband, J.H. Poynter maintained that when Angelina signed the prenuptial agreement that she gave up all
rights to the widows share of the estate, and that the children, because of the mother divesting herself of the
widow's rights, had no rights of their own, except a general distribution that would go to all heirs.
The court decided that Angelina should not receive any part of Herndon's estate, but that her children should
receive 5/6 of the amount that would normally have been set‐aside for the widow. The decision was unsuc‐
cessfully appealed and the children received a small amount of cash plus a share of Herndon’s land that
amounted to about 60 acres each. On October 18, 1880 a final settlement of the accounts of Angelina Davison,
as guardian of her children, against (George) Washington Lewis Davison was filed in Barren County Court. On a
compromise of the suit, Angelina received on behalf of her children, a total of $2,255, including interest. After
subtracting real estate taxes and fees she was left with $1500 to distribute to her children, $300 to each.
It took a full 11 years to settle Herndon's estate and the end result was a family
divided over money, the children from the first marriage versus Angelina, as
guardian of the children from the second marriage. With the estate finally settled, I
like to think that Angelina had 8 years of peace before she died from a stroke, on
October 22, 1888. But I think a more likely scenario is that she struggled for the
rest of her life to provide for her children and to make a good home for them in
the absence of their father. She never remarried, but she did continue to farm.
Angelina lived to see all of her daughters married, but her two sons did not marry
until after her death. Angelina, who had devoted her entire life to her family, was
laid to rest in the family cemetery. Her children had her tombstone engraved with a very fitting sentiment:
“Rest mother rest, in quiet sleep, while friends in sorrow o'er thee weep.”