Metropoiltan Archives of Nashville and Davidson Co.
Davidson County Chancery Court Case File-Docket # 1697
Wilfred H. Rains vs. Thos. B. Rains & others - filed Aug 29, 1856
Heirs of William Rains at time of his death (1812)
widow, Ursula Rains, and eight children, to wit,
Naomi Rains
Wilfred H. Rains
Hance Rains
Charlotte who intermarried with Lewis Williams
Ursula who intermarried with Wilfred B. Goin
Christiana who intermarried with Edmund Hyde
Eliza who intermarried with Felix R. Rains
Martha died of age without issue (1837)
Naomi died underage without issue (1821)
Heirs of Ursula Rains & William Rains at her death (1856)
1. Wilfred H. Rains, son.
2. Thomas B. Rains, Ursula Rains (Hays) and Sarah Rains (Hyde)
residents of Madison Co., TN, Thomas N. Buchanan, guardian.
3. W. Francis Williams, Jo. John Williams, Lewis Leonidas (Lee) Williams,
children of Charlotte Williams dec.,, by Lewis Williams, surv.
4. Philip Goin of Mississippi, Minerva Goin, James H. Goin, and Henry C. Goin
(Sumner Co.,), children of Ursula and Wilfred B. Goin, both deceased.
5. Wellington Hyde, Edmund W. Hyde, William Hyde, Richard Hyde & Jerome Hyde
children of Christiana and Edmund Hyde, both deceased.
6. Rufus P. Rains, son of Eliza Rains dec., by Felix R. Rains, surv.
=========================
Original Wills - Metro Archives
Recorded in Davidson Co., Will Book 22 , p. 535
In the Name of Almighty God, Amen
I Felix C. Rains of the County of Davidson and State of Tennessee. Being
of sound mind and disposing memory, Looking upon the uncertainty of life and
the certainty of Death, Do hereby make establish ordain and confirm this my
last Will and Testament. Revoking all other wills heretofore made by me, this
only to be my last will and Testament, in the following Words and Figures
Item 1st It is my will and desire, that after my Death, that my executor
hearafter to be made, shall pay all my just debts, including my Burial
Expenses, out of the first monies that shall come into his hands.
Item 2nd I Give and Bequeath to my Half Brother Henry C. Drake, The one
half of my Interest in a Tract of land in the County of Davidson and State of
Tennessee. Situated and Lying in said County on the waters of Whites Creek,
containing ninety three acres The same that I inherited from my Mother Mrs
Mary Drake Rains, Except the one ninth of said Tract of land, which my Father
Felix R. Rains owns and which one ninth part I do not have any right to. Nor
do I include in this will.
Item 3rd I Give and Bequeath to my Half Brother Henry C. Drake, The one
Half of my two Lots of land situated and lying in the City of Nashville and
State of Tennessee being the same Inherited by my self and my sister Mary
Frances Yaryan Formerally Mary Frances Rains which was Divided between us with
the ninety three acres of land above described, on the 9th day July 1869 and
assigned by Felix C. Rains John L. Yaryan and his wife Mary Frances Yaryan
and Recorded in Book 42, page 370 of Registers office, Davidson County and
State of Tennessee Except the one ninth of the two Lots above described which
Belongs to my Father Felix R. Rains, which one ninth I do not include in this
will,
I give one half of tee above descried property of ninety three acres of
land and the one half of the two Town Lots in the City of Nashville to the
said Henry C. Drake and His heirs Forever, Except the one ninth of the land
and the one ninth of the two Lots which is my Fathers, above mentioned.
Item 4th I Give and Bequeath to my Neice Lener Yaryan Daughter of my
sister Mary Frances Yaryan deceased, The other half of my tract of land of
ninety three acres situated on Whites Creek County of Davidson and State of
Tennessee, also I Give and Bequeath to my Neice Lener Yaryan Daughter of my
sister Mary Frances Yaryan Deceased, the one half of my two Town lots in the
City of Nashville, the same that has been described above, with the same
Exceptions, That is one ninth part in the land and Town lots that my Father
Felix R. Rains owns and is not included in this Will
Now it is _____ understood and is my will and desire, that I have given
to my Neice Lener Yaryan, the one half of the two lots in Nashville with the
Exception of the one ninth part that my Father owns, which has been Explained
above On the Following Conditions, (to wit) That in the event that my Neice
Lener Yaryan, Should Die under lawful age, or without lawful issue from her
body, then and in that case, I Give and Bequeath the portions of property
mentioned in this will, to Lener Yaryan, to my Half Brother Henry C. Drake, to
him and his Heirs forever, with the Exception above mentioned in regard to my
Fathers one ninth interest.
Item 5th It is my will and Desire that my Half Brother Henry C. Drake,
shall Manage and Control the property given in this will to my Neice Lener
Yaryan under the Direction and Control of the County Court of Davidson County,
Untill she shall arrive at the age of Twenty one years old or Should Marry in
either case to be given up to her Management and Control.
Item 6th Having Full Confidence in my Half Brother Henry C. Drake, I do
hereby nominate and appoint him my Executor to this my last Will and
Testament, In Testimony I have hearunto set my hand and affixed my seal this
2nd day of Feb 1870
Signed sealed and
acknowleged in the presance F. C. Rains (seal)
of us the above mentioned
Witnessed
R. O. Winstead Jurat
M. Burns Jr Jurat
F. C. Rains decd, Will
Filed Augt. 30, 1873 W. H. Trafford
Probate Min. Book M, p. 642 &5 8/30/73
======================================
From Lynn Wedel
Source: Dcwb 27:451
Written: April 12, 1883
Felix R. Rains - Will - written April 12, 1883
Filed July 5, 1883 Davidson County TN
DCWB 27:451
Transcribed with same spellings and punctuation as in original document
Contributor's notes:
Felix Robertson Rains was born March 11, 1810 and died June 1, 1883
Lena Yaryan (b. March 1867) was the daughter of Mary Frances Rains 1845-1869 and
John L.Yaryan.
The children by Felix R. Rains' first two wives were no longer living in 1883
when he wrote his will. In 1883, James K, Alice B, and Robert L, were the only
surviving children of Felix R. Rains and his third wife, Mary E. Keeble. Robert
L. was born in Jan. 1863 and was 20 yrs. old when his father died.
*****
I Felix R. Rains, knowing the uncertainty of life and the certainty of death,
do make and publish this my last will and testament.
Item 1.
I will and decree that all my just debts be paid.
Item 2.
I give and bequeath to my beloved wife Mary E Rains the following described real
estate to wit, Two tracts of land, upon one of which my dwelling house is
situated, and the other adjoining thereto. The one upon which the dwelling house
is located contains thirty six and one half acres (36 1/2). The other contains
twenty three and one half acres (23 1/2) and the two containing 60 acres. The
outside boundaries of these two tracts are as follows. On the North by the
Tennessee and Pacific railroad and the lands of J C Provine. On the East by the
lands of Roop and L P Hagan. On the South by the Nashville Chattanooga and St.
Louis Railway. On the West by a forty (40) feet Avenue running from the one
railroad track to the other. I reserve out of this gift the family grave-yard
now enclosed, and containing one acre. I also give to my wife my houses and lot
fronting about 36 or 37 feet on Market Street in Nashville, being the same I
bought of M Burns Trustee, and the one house is occupied now by Argo, and the
other is used as a Barber's Shop.
Item 3.
I give and bequeath to my daughter Alice B. Rains, to her sole and seperate use,
independent of any husband She may take in marriage the following described real
estate, situated in Davidson County Tennessee, One tract containing forty four
and one half (44 1/2) acres, and the other containing Thirty one and 37/100
acres, (31 37/100), another containing five acres and 12 poles, provided the
latter is not included in the above number of acres, if it is included, then she
is not to take that, in addition. Said Three pieces of property is bounded as
follows, the 31 37/100 acres is bounded on the North by the property of the
Calhoun heirs and the Nash Chattanooga & St. Louis Railway track, on the East by
the said railway track, and said 40 feet Avenue, On the South by the lands of
the Massey heirs, the 44 1/2 acres is bounded as follows, On the North by the
Nashville Chattanooga and St. Louis Railway and the lands of Roop, on the East
by the lands of Roop and Griffin, on the South by the lands of Mrs. Watkins and
the heirs of Underhill, on the West by the lands and road bed of the Nolensville
Nashville Turnpike Co, upon which is situated the Toll house. Also I give to my
daughter Alice, to her sole and seperate use, and independent of any husband, 3
1/2 acres, lying west of the Nashville & Nolensville Turnpike road known as the
"Slaughter Home" tract and the lot on the East side of said Turnpike road, now
occupied by A A Newsom containing two (2) acres more or less.
I have caused the name of my wife and daughter to be written upon a map of said
lands indicating the tracts given each.
Item 4
I give to my son James K Rains, the following real estate vis a tract containing
one hundred and four and one half (104 1/2) acres known as the "Widow Rains' or
"Woodwood " tract, and bounded on the North by the lands of M Kee, on the East
by the lands of A V Alley and the Nashville and Nolensville turnpike road, on
the South by a county road and the lands of Mrs. A V Brown, on the West by the
lands of Charles Hudson and Browns Creek, also a House and lot the latter
containing two acres more or less on the East side of said Turnpike road now
occupied by Levi , I also give my son James the lot adjoining the one last above
mentioned, and lying North thereof, and now occupied by Kello. I also give to my
son James a lot containing, one acre and one fourth of an acre (1 1/4) known as
the "shop property" and near the juncture of Browns Creek and the Nolensville Pike.
Item 5
I give and bequeath to my son Robert L Rains the following real estate, viz one
hundred and twenty six and three fourths acres (126 3/4) Bounded on the North by
the lands of the heirs of Captain Smith, on the East by the Nashville and
Nolensville Turnpike road on the South by the lands of David Hughes and Woodbine
Church, on the West by the lands of Mrs. A V Brown, I also give my son Robert L
Rains, the two lots on the East side of the Nolensville Turnpike road adjoining
the two given James K. and now occupied by Knowles and Brown.
Item 6
I give to my children Alice and Robert L, equally - my two fifths (2/5) interest
in the property owned by me, and my two children Alice & Robert, and my grand
daughter, Lena Yaryan.
Item 7
I give to my grand daughter Lena Yaryan my Anderson place, containing twenty two
(22) acres and which lies in the triangle between the Nashville Chattanooga &
St. Louis railway and the Pacific railroad, also my interest of one ninth (1/9)
in a lot owned in common, by her and myself on Broad Street in The City of
Nashville, two doors from Summer Street. The two last devises to my grand
daughter Lena, are made upon the condition that she release to my two children
Alice and Robert L, her undivided interest in the Monroe St. property in
Nashville, and is not to take effect until she elects to do so, either by her
self or the Chancery Court for her. I also give to Lena Yaryan my vacant lot on
Wharf Avenue in the City of Nashville. All the foregoing property given to Lena
Yaryan, in case she dies leaving no children or descendants of such is to
revert, and return to my children equally.
Item 8
All the rest and residue of my real estate wherever situate, I give and bequeath
to my three children, James K, Alice B, and Robert L Rains, to be sold or
divided between them, as they may deem best, and I request my children to allow
Maria & Stephen Col'd to remain during their lives upon the tract they now live
on, containing 86 acres and known as the "James Rains Tract"
I prefer my children would not sell this property for many years and that the
cedar land be held, and used for fencing the other property and in support of
the places.
Item 9
I will and desire that all crops growing upon any of my lands, at the time of my
death, be raised and gathered at the expense of my estate.
Item 10
I give my wife all the household and kitchen furniture, together with two horse
and barouche or carriage
Item 11
I give to Joseph H Thompson, Trustee all my Davidson County bonds, amounting to
Sixteen Thousand dollars, to be held by him for the benefit of my daughter Alice
and my son Robert L. equally, and such Trustee is to collect the interest semi
annually and pay the same to them, but he is not to pay the half of the
principal sum to Robert L, until such time, as he the Trustee, may deem it
prudent, and wise to do so, looking to the prudence, economy and disposition of
my said son and the one half principal is to be paid to my daughter Alice,
whenever the trustee deems it to her best interest, The receipt of either of
said children, to the Trustee, more shall be a full acquittance to the Trustee,
to the extent of the amount paid over and covered by said receipt.
Item 12
I give to my son James K, seven of my state bonds after ___of one Thousand
dollars each, and I give to my wife the balance of my state bonds.
Item 13
I give to my friend Joseph H Thompson Trustee all my stock in the Nashville and
Nolensville Turnpike Company, in Trust, to be held by him for my three children,
James K, Alice B and Robert L. Rains, and the same is to be sold by him at such
times as he thinks is best, and the proceeds with all dividends, he will divide
equally between my said three children and the receipt of either child shall be
an acquittance to the Trustee for the amount paid, and covered by the receipt.
Item 14
I will that all my notes, accounts ___ be collected the proceeds thereof
together with the proceeds of all other property, not otherwise disposed of, be
divided equally between my three children.
Item 15
After all crops are made and gathered, I desire that my horses, cows and all my
live stock, be sold, together with the crops, including all wagons plows, and
wheeled vehicles, and the proceeds divided equally between my wife and three
children giving each one fourth.
Item 16
Should either of my children die, leaving no child or descendants of such, and
having made no disposition of the property herein conveyed either by will deed
gift or otherwise, then the same is to go to the survivor or survivors, I mean
by this item, not to limit the form of disposition, or the estate of any child,
but, merely to prevent the property, from going to relations of the half-blood
-, or the descendents of such.
Item 17
I nominate and appoint my friend Joseph H Thompson as Executer of this my last
will and testament, and expressly raise either bond or security from him, having
full confidence in his capacity - and honesty -
This April 12 1883 F. R. Rains
Witnessed by us in the presence of and at the request of the Testator -
April 12, 1883
Jos. H. Thompson X
A. W. V. Ally
Edwin H East X
Codicil No1
I amend Section 13 of this my will, in this wise I give to my friend Joseph H
Thompson Trustee, Five thousand dollars of the Stock in the Nashville and
Nolensville Turnpike Company in trust, to be held by him for my son Robert L.
Rains and the same is to be sold by him at such times as he thinks is best and
the receipt of Robert L. Rains to the Trustee shall be an acquital to him for
the amount covered by the receipt. This Second day of May 1883
Witnessed by us in the F R Rains
presence of and at the request of the Testator May 2d 1883
W.W. Southgate X
Jos. H. Thompson X
File at: http://files.usgwarchives.net/tn/davidson/wills/rains5gwl.txt
==========================
Will of Martha Rains, daughter of William and Ursula Pillow Rains.
Original Wills-Metro Archives of Nashville and Davidson Co., TN
Recorded in Davidson Co., WB 11, p. 69
I Martha Rains being of sound & perfect mind and memory, do make & publish
this my last will &Testament in maner & form following; First. I give &
bequeath unto my beloved Mother Ursula Rains all the Right Title Claim &
Interest that I have in & to the tract of land on which she the said Ursula
Rains now lives. I also give & bequeath unto my beloved Mother Ursula Rains
all the Right Title Claim & Interest that I have in & to forty nine or fifty
Acres of land adjoining E. H. Ewing on the South & Jas. W. Horton & others on
the North & West it being an individed parsel of land Inherited by William
Rains Heirs from the Estate of John Rains DCd and I do further give &
bequeath unto my beloved Mother Ursula Rains my negoro boy about 16th or 18th
years of age by the name of Abram and I also give and bequeath unto my Two
brothers Hance H. Rains & Wilfred H. Rains five dollars Each to be paid by my
mother in six months after my death and I also give unto my Sister Hyde &
Sister Williams Each one of my Bed quilts I also give and bequeath unto my
Sister Gowen a bed quilt and one pair of my Eare Rings. I also give &
bequeath unto my Sister Eliza Rains one Side Saddle of good quality and one
pair of my Eare Rings. And lastly as to all the Rest Residue and Remainder of
my personal estate of what kind and nature soever. I give & bequeath unto my
said beloved Mother Ursula Rains whom I hereby appoint sole Executrix of this
my last will Testament hereby Revoking all former Wills by me made In witness
whereof I have heare unto set my hand & affixed my seal this 18th of August
1836.
her
Martha X Rains (seal)
mark
Signed sealed published and declared by the above named Martha Rains to be her
last will & Testament in the presence of us ho have heare unto subscribed our
names as witnesses in the presence of the testatrix.
Felix R. Rains
Joseph Pope
I Martha Rains of sound mind & memory do make and publish this codicil to my
last will & Testament in maner following; I do give & bequeath unto my
beloved Mother Ursula Rains all the Right Title Claim & Interest that I have
in & to an undivided lot or parsel of lot on high Street in the Town of
Nashville; and I do hearby a___ & declare that my last will & Testament is
that at my Mothers death my property then on hand should be Equally divided
between all of my Brother & sisters. And lastly it is my desire that this my
present codicil be ann__ to and made part of my last will & Testament to all
intents & purposes in witness where of I have hear unto set my hand & affixed
my seal this 18th day of August 1836.
her
Martha X Rains
mark
Signed sealed & published & declared by the above named Martha Rains to be her
codicl to her last will & Testament in the presence of us ho have heare unto
subscribed our names as witnesses in the presence of the testatrix.
Felix R. Rains
Joseph Pope
======================================
Mary Swearingen, daughter of Nancy Rains, granddaughter of
John Rains, Jr. and Frances Ogilvie.
Davidson Co., TN
Recorded WB 18:581, 1861
I Mary E. Swearingen, being weak of body but of sound mind and (illegible)
memory, do make and publish this as my last will and testament.
Item 1--After the payments of my debts and the costs and charges of
administration, it is my will and desire, and I hereby devise and bequeath all
the rest and residue of my personal estate of every nature and kind;
including my negro slaves John, Horace, Laura and Catherine, to my uncles
James Rains and Felix R. Rains, and to the survivors of them, and to the
personal representative or the successor of such survivors, to have and to
hold the same in trust to possess, manage and control and to pay the hires
issues and profits, after deducting all the necessary expenses of executing
the trust, to and for the use of my father Lemuel Swearingen, annually, for
and during the full term of his natural life and after his death to convey the
said property as follows:
One seventh to my uncle James Rains.
One seventh to my uncle Felix R. Rains.
One seventh to my cousins John Rains and Sykes Rains, children of my deceased
uncle Jno Rains or to the survivors of them.
One seventh to my cousins Tarlton Rains, Wilfred Rains and Blake Rains,
children of my uncle Wm G Rains, or to the survivor or survivors of them.
One seventh to my aunt Martha Williams, wife of B. B. Williams to her sole and
separate use.
One seventh to Elizabeth Bryant, my aunt, the wife of Jno. T. Bryant to her
sole and separate use.
One seventh to Edward Ensley, Enoch Ensley, Jr., Aline Provine and Melville
Williams, descendants of my deceased aunt, Mary E. Ensley, the survivors of
them.
Item 2nd-- Should either of the legatees to whom property is bequeathed in
the foregoing item, be dead at the death of my father, where the bequest is to
a single person, then the share of such deceased legatee shall go to his or
her children or their descendants or they would be entitled to his or her
estate by the Statute of Distributives of this State, and if there are no such
children or descendants then said share shall go to the surviving legatees and
the children or their descendants of those of the legatees who may be dead
leaving such.
Item 3rd-- When the legacy of the first item of this will is to two or more
persons, and to the survivor or survivors, it is my will and desire, that the
share of any such legatees who may die before the time for division, should
go, in like manner as (illegible) Item Second, to the children or their
descendants of such legatee, if any, and, if none, to the survivor or
survivors as a class, and if case of the death of all said legatees without
children or their descendants, then such share shall go to other legatees
surviving and the children or their descendants of share of the legatees who
may be dead leaving such.
Item 4th-- The object of the foregoing provisions is to give the property
bequeathed, after my father's death, to the heirs and distributees of my grand
father John Rains, through and from whom all said property came to me.
Item 5-- I nominate and appoint Felix R. Rains, executor of this my last will
and testament. In testimony whereof I have hereunto set my hand this 26th day
of Feby 1861 --
Mary E. Swearingen
Signed, acknowledged and published
in presence of Wm. K. Wair Jurat
Washington Roop "
There is an Administrator's Final Report, 6/00/1892, Davidson Co., TN WB
31:412
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