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