Elias Wills Napier1783 - 1848
Will: Elias W. Napier
DICKSON COUNTY, TENNESSEE Will Book, Volume 2 WILL BOOK A, PAGE 183
Will of ELIAS W. NAPIER Know all men by whom it may concern, that I, Elias W. Napier of the county of Dickson and state of Tennessee, being weak and infirm in body, and of advanced age, but of sound and perfect mind and memory, do make and publish this my last will and testament, hereby revoking and making void all the wills by me at any time heretofore made.
1st Item, I will my body to the dust of the earth from whence it came, to be decently interred after my death by my friends; and my soul to God who gave it, in hopes of a glorious resurrection beyond the grave, through the merits of the Lord Jesus Christ. And that my burial and funeral expenses and all my just debts be paid out of any money that I may die possessed of, or that may first come to the hands of my Executors, as soon after my death as practicable.
2nd Item, I hereby emancipate and set at liberty the following named slaves, to wit, Judy, my seamstress, and her five children, to wit, Fanny, William Carroll, James Monroe, Thomas Benton, and Andrew Jackson; and also the children of Fanny, to wit, Leroy Lott, Malissa Lott, Margaret Arabella Lott, Judia Adonia Lott and Mary Jane Lott, together with any increase that she, the said Fanny may have; Lizza or
Elizabeth, my cook (a yellow girl), Amanuel, a forge man and his wife Creecy; Jack, a mulatto man; his female child, to wit, Emaline, their youngest; Tom Keys, my wagoner and overlooker, and his wife Eady; Charity, my old female cook; Sam Dillahunty, my good and faithful old servant; and also my little house servant boy named Simon, about nine years old; Daniel, an old man who has been a teamster for a number of years; and his brother Jim Brown; and Perry, a man of advanced age, a coaling ground hand. Many of these servants are of advanced age, and have with faithfulness aided me in making what property and money I have, and those yellow female servants have, with vigilance and fidelity, taken care of my property, both by day and by night, both in
Alabama and in Tennessee, particularly in Alabama, watching and putting out fire placed in it to consume it by incendiaries. And I do also hereby emancipate and set at liberty a yellow boy named Solomon, about six years old, the son of a mulatto girl called Angeline. This boy is to be put under the care and charge of Judy and Lizzy, to be subject to their control under my Executors until he is twenty-one
years of age. And in case of the death of Judy and Lizzy, then he is to be under the care of one of Judy's children, whichever he may choose. The emancipation of these slaves above named, has been the result of my deliberation for years past, which I this day bring to a close while I am in perfect and sound mind, and as this great Boon under the existing laws of the state of Tennessee cannot be bestowed
only under a strict and minute compliance with the late of the said state, I therefore request the earnest and direct attention of my friends, Benjamin C. Robertson and Robert McNeilly, who are to be my Executors, to see that my will in this as in all other respects, be faithfully and strictly carried out.
3rd, I will and bequeath to Charlotte Napier, the widow of my deceased brother Richard C. Napier, one hundred dollars; and to her son Madison C. Napier, one hundred dollars; and to Leroy Napier, his youngest son, one hundred dollars; and to the two female children of James R. Napier, deceased, two hundred dollars each; and to his youngest son Richard C. Napier, two hundred dollars; and to his oldest son Blount
R. Napier, five dollars; all of which said sums are to be paid by my Executors after they shall have wound up all the business of my estate by making sales and collections.
4th Item, I will and bequeath to Martha Gould, wife of James Gould, two hundred dollars; and to Elizabeth Gilbert, wife of Thomas Gilbert, one hundred dollars; and to the heir of the body of Margaret Garrett, wife of Phenius Garrett, two hundred dollars, all of which sums are to be paid as above directed to be paid to Charlotte Napier and others in Item 3rd.
5th Item, I will and bequeath to Jesse Beck, Jr., son of Jesse and Judy Beck, two hundred dollars; and to David C. Andrus, and John T. Beck, the three youngest sons of Jesse Beck and his wife Judy Beck, to each two hundred dollars; and to William J. Beck, oldest son of Jesse Beck and his wife Judy Beck, five dollars; and to Martha Jane Johnson,
daughter of Jesse Beck and his wife Judy Beck, five dollars; and to Jesse Beck, Sr., and his wife Judy Beck, five dollars each, making in all eight hundred and twenty dollars, all of which sums of money are to be paid as those directed to be paid in the 3rd Item of this my will. And I give and bequeath to Lucy Ann Edwards, daughter of Jesse and Judy Beck, a certain tract or parcel or piece of land, the same
more or less, known as the land which I conditionally contracted to David Record, and on which he built a cabin and lived a while. This land I wish to be run out at the expense of Edwards, and my quit claim deed given to the same as soon after my death as practicable.
6th Item, I will and bequeath to William J. Therman and his wife Elizabeth, five dollars each, and to their daughter July Ann, three hundred dollars; to Richard, John, William and James Therman, sons of said William J. and Elizabeth Therman, two hundred dollars each; and to Carter or Dock, youngest son of the said W. J. and Elizabeth Therman, five dollars; these respective sums amounting in all to the
sum of nine hundred and fifteen dollars, are to be paid by my Executors as that directed to be paid in the 3rd Item of this my will.
7th, I will and bequeath to Fountain Luster and his wife Sarah Ann, five dollars each, and to the surviving lawful heirs of their bodies, two hundred dollars each, to be paid over by my Executors out of the last money collect in winding up my estate.
8th Item, I will and bequeath to Richard Thompson and his wife Lucy Ann, five dollars each, and two hundred dollars to the surviving heirs of the said Richard Thompson and wife Lucy Ann, if any there be of them yet living, to be paid as above.
9th Item, I will and bequeath to Benjamin C. Robertson and his wife Ann G., five dollars each, and to their present surviving five children, to wit, Martha D., Edward A., Christopher W., John H., and Benjamin J. Robertson, five hundred dollars each. These seven respective sums in this item mentioned amounting in all to the sum of twenty-five hundred and ten dollars, are to be paid by my Executors as
those mentioned in the 3rd Item of this my will.
10th Item, I will and bequeath to Mary Eliza Wilson, an orphan girl at this time living in the family of William H. or John W. Napier on Barton's Creek, three hundred dollars, which sum is to be paid by my Executors for her support and schooling, or so much thereof as shall be deemed necessary by my Executors, and the balance, if any, to be paid to her when she becomes of lawful age.
11th Item, I will and bequeath to James Thedford and his wife, during their natural lives, and at their death, to descend to their lawful heirs, that piece or tract of land on which said James Thedford now lives; and a negro woman named Peggy, late the wife of Bob, deceased, whose occupation at present is to rake leaves in the coaling. This
property I wish my Executors to give him, the said Thedford, my quit claim title to, and to deliver him the said negro woman and to hand him over notes which will be bound among my papers drawn by him in favor of me to the amount of some five or six hundred dollars more or less. Previous to paying said negro woman into the possession of said James Thedford, or making the quit claim title to said land by my
Executors, the said Thedford and his wife are to come forward and make a title for four hundred acres of land adjoining Montgomery Bell's mother on bank. Said tract of land was once conveyed to me by said Thedford, and the deed was placed in the hands of William C. Napier for registration as the law requires, and was lost or mislaid by him, so that it cannot now be found, and consequently the land was not registered, and the said Thedford is to execute a receipt in full for all claims he may have against my estate.
12th Item, for and in consideration of the esteem and regard I have and entertain for my friend Robert McNeilly, I give and bequeath to his oldest son James Hugh McNeilly, my negro infant child of my negro woman Clary. Said child is a girl and is named Kitty, and is now at the breast of its mother. The said child Kitty is to be delivered to said Robert McNeilly as soon as it can be taken from the breast of its
mother, with the title for the same.
13th Item, I give and bequeath to the two female children of John and Elizabeth Yateman, to each four hundred dollars, to be paid over as those sums specified in the 3rd Item of this will. And it is my will that my Executors hand over to the said John Yateman, a note which will be found in my papers drawn by Z. & R. Yateman for about three thousand dollars and made payable to me dated about ten years since.
This my Executors are to do after the said John Yateman executes his receipt for all claims he has against my estate, if any he has.
14th Item, I give and bequeath to P. S. Jones, my negro woman Louanna, about 22 years old, the daughter of London and Jane, his wife, deceased; and Eliza, a woman about 32 years old, whom I bought in Alabama of a man by the name of Ownly, and a gray horse at this time working in a team at Mt. Etna Furnace, which I bought of Dr. J. R. Hudson, for which I am to give him one hundred dollars in castings.
Said property is to be delivered with title to the same by my Executors, after he shall have executed his receipt to my Executors for all demands against my estate for services.
15th Item, I give and bequeath to Tarlton F. Moore, my negro man Kiat, about 22 years of age, and five dollars paid in money; also several notes which I hold against said Moore and his father. The said negro man and the notes are to be handed over to said T. F. Moore by my Executors, and a title to the negro, after the said Tarlton F. Moore, shall have remained in the services of my estate until the same is
settled up, and after he and his father shall have executed their receipts to my Executors in full of all claims that they may have against my estate for services, etc.
16th Item, I give and bequeath to James M. Holt, my negro man Burrell and his wife Frances (a yellow woman), and their child; Jarrott, a negro man about 30 years old, and his wife Esther; Cephus and his wife Mima, and their two children named Sam and George, together with five dollars in money, to be paid as the other donations in this will, and a title to said slaves and possession thereof is to be given by my
Executors to said James M. Holt after he shall have remained in the services of my estate, until the same is settled up and after the said James M. Holt shall have executed his receipt in full of all claims or demands he may have against my estate for services, etc., up to that date.
17th Item, I will and bequeath to my kind and affectionate brother John W. Napier, during his natural life, and to descend from him to the lawful heirs of his daughter Araminta, who is intermarried with Dr. John R. Hudson, the following property, to wit, my negro woman Lucy (the only daughter of Chare), and Billy, her husband; Patrick
Shelton, my collier; Angeline and her youngest daughter called Judeanna; and a colored female child of Caroline called Judy. These negroes are to be passed into the possession of my said brother, with titles to the same, or so many of them as may be then living, or that may not before that time have been disposed of by myself, at the time my Executors may make a general distribution of my negro property given to my other legatees.
18th Item, I give and bequeath to my kind and affectionate nephew William H. Napier, my negro woman named Cloey, and her oldest daughter that is with her named Nancy, and her son named Fed. The boy is about nine years old, and the girl is about seven years old; and my negro man named Landon, and his son Albert; and my negro man Mark (Landon and Mark are teamsters); and my negro man Edmond Lester, a wood hauler.
19th Item, I will and bequeath to the lawful heirs of John B. Carpenter and his wife Mary, my niece, and daughter of my deceased brother Thomas Napier, a negro woman named Drennica, who they now have in their possession, and one thousand dollars I money to be paid by my Executors as the sums directed to be paid in the 3rd Item of this my will, to my other legatees.
20th Item, I will and bequeath to my kind, faithful and worthy nephew William C. Napier, one of my brother Thomas' sons, Jim Roundtree and Sam McCrary, the gift of Jane and her child Eracie above, which I have caused to be erased at this time which is before the signing of this will, and my Executors are to give him my quit claim deed to all the
Iron property, personal and real estate, belonging to the same that I purchased of Napier and Catron and of Judge Catron on Shoal's Creek, Chief Creek and Brush Creek, and their tributary streams, together with his note, which I hold for about fifteen hundred dollars, which is at this time due and unpaid. Previous to any action by my Executors
in this particular note, said William C. Napier is to come forward and file his receipt in the clerk's office in full payment and satisfaction of all debts, dues and demands that he may have against my estate by note, book account or otherwise. The adjustments of this item will be foreclosed as in the settlement with the other legatees.
21st Item, I will and bequeath to the lawful heirs of Benjamin Stone and his wife Mary, a daughter of my deceased brother Henry A. C. Napier, five thousand dollars, to be paid over by my Executors to a trustee selected by a majority of them, and in case they cannot agree,
they are to refer to the chairman of the county court to give the casting vote, and said trustee is to give good and sufficient security for the timely and proper disposition of said money and interest arising thereon for the benefit of said heirs.
22nd Item, I will and bequeath to the heirs of Samuel B. Lee and his wife Amanda, the daughter of my brother John W. Napier, six thousand dollars, to be paid over by my Executors to a trustee selected by a majority of them, and if they cannot agree, they are to refer the casting vote to the Chairman of the County Court, and said trustee is to give good and sufficient security for the proper and timely
disposition of said money and the interest arising thereon for the benefit of said heirs.
23rd Item, it is my will and desire that all my real and personal property in the county of Davidson, Dickson and Hickman, and the real estate lying in the adjoining counties to said counties, which was procured for the benefit of my different Iron establishments, be sold on a credit of one, two, three, four and five years, to be paid in equal installments, and that note be taken for the same with good
security and a lien retained on the property until the last payment is made. And out of the fund arising from sale is to be paid the donations in money which I have made in the preceding items of this my will, and the balance which may be left on hand, I desire to be equally divided between the lawful heirs of my brother H. A. C. Napier (except Benjamin Stone and wife Mary, for whom I have provided in the
21st item of this will), and the lawful heirs of Dr. John R. Hudson and his wife Araminta, the daughter of my brother John W. Napier. Each of the heirs of Dr. John R. Hudson and wife to receive an equal share with each of the heirs of H. A. C. Napier, my brother, in said remaining fund, after retaining the money necessary for the appropriations that I have hereinafter directed to be retained for the benefit of Solomon, whom I in this will emancipate. And Dr. J. R.
Hudson and his wife Araminta, are to have each five dollars out of said remaining fund that otherwise go to their heirs.
24th Item, I will and bequeath to several of the slaves that I have emancipated, certain sums of money which may be found in their possession at my death, and I desire my Executors to protect them in the possession and prudent use of the same. And all my household and kitchen furniture I give to Judy and her four sons and to Lizzy, to be divided between them as my Executors may think just and equitable. Should there be any dissatisfaction in the division of said property by themselves, but if there is not, then the division made by themselves is to stand. And the yellow boy Solomon, whom I have set free in the second item of this my will, is to be furnished by my Executors with fifty dollars per annum for his schooling, etc., until he is fifteen years of age, then he is to be put to some trade which my Executors may select, having due to his genius and capacity, and they are to pay into his hands when he is twenty-one years of age, the sum of five hundred dollars, to commence his trade on, which sums of money they are to retain in their hands for said purpose. This donation of five hundred dollars is to be given to him provided he may be of sober and steady habits, otherwise I leave it with my Executors
to furnish and treat him as his conduct may deserve. I also wish the negroes which I have emancipated, to be furnished out of my smokehouse and other places with bacon, corn and meal, sugar, coffee, and salt, sufficient to last them for provisions for twelve entire months after my death. Now, it is my will and desire that should any of those negroes that I have emancipated, choose to live in Davidson County or
make that their general home, then my Executors are to send an officer and take possession of said emancipated slave and put him or her on the block in the town of Charlotte, and hire him out from month until he may quit Davidson County and choose some other place for a home, and the money arising from said hire, if any, is to be equally divided
among the other slaves that I have emancipated. I wish it to be understood that the negro child that I gave to Robert McNeilly's oldest son in the 12th item of this will, I have this day executed a bill of sale of said negro child Kitty, to James H., Thomas L., Felix C., and Robert A. McNeilly, the four sons of Robert and Margaret McNeilly, which is in full satisfaction of said donation made in the 12th item of this my will.
25th Item, And now if I should survive and dispose of any of the property devised or donated with this will before it shall be proven in Court, I wish it understood that the titles and transfers that I may make shall be good, both in law and equity against the claim to said property so transferred, which may be set up under any of the
provisions of this will.
26th Item, re to have it to their choice whether they will give personal security for the faithful and vigilant performance of the duties that will devolve on them in the execution of this will, or they may file an affidavit in the Clerk's office that they will faithfully, timely and diligently perform the duties incumbent on them
in the execution of this will to the best interest of the estate, and those concerned in it to the best of their ability and knowledge.
27th Item, now for and in consideration of the confidence I have in the philanthropy and sterling integrity of my Executors, and confidential friends Robert McNeilly, Benjamin C. Robertson, and William H. Napier, who reside in the immediate neighborhood of my principle business, I particularly enjoin it upon them to have fully carried out all the requisites necessary to carry out my views and
wishes in regards to the several slaves that I have emancipated in or out of the county of Dickson or state of Tennessee as the circumstances of their cases may require.
28th Item, now it is my will and I do hereby constitute and appoint William C. Napier of Hickman County, and Robert McNeilly and Benjamin C. Robertson and William H. Napier, all three of Dickson County, and all four are citizens of the state of Tennessee, my Executors of this my last will and testament. And it is my will that all my notes not
otherwise herein disposed of, and all my book accounts and debts of every kind due my estate, be considered a part of my personal estate, and is to be disposed of as directed in the 23rd Item of this will. And now before the signing of this will, I will here see plain that on the first page of this will at the end of the 24th line, the words and
his wife Caroline are erased and in the 25th line from the top the word two at the end of the word child, and the word Judy and the word and, are erased and at the end of said line the words their youngest is interlined, and on the 5th page of this will at the end of Item 11th, between the 14th and 15th lines on said page the following words are interlined, to wit, receipt in full for all claims he may have against my estate, and on the 6th page of this will, and in the 14th line from the top of said page between the words money and in said line, the following is interlined, to wit, also several notes which I hold against said Moore and his father, and in the 15th line on said 6th page, the words, and the notes, are interlined and on the 7th page
in the 5th and 6th lines from the top Mark, my house carpenter is erased. And on the 12th page in the 12th line, the words to be are interlined. And now, having had this will written out and having carefully examined and digested to act, and all of its items I do hereby establish and constitute this to be my last will and testament.
In witness whereof, I have hereunto set my hand and seal this 12th day of June 1848. Test: Thomas McNeilly Thomas Overton E. W. Napier
Codicil to the Will of ELIAS W. NAPIER I, Elias W. Napier, having heretofore made and published my last will and testament, do make and declare this as a codicil thereto, to wit. I do hereby emancipate and set at liberty, after my death, my negro man Ephraigen, who has one eye out. And it is my will that he be treated in the same manner and
be subject to the same restrictions as those emancipated in the 2nd item of the foregoing will. I emancipate Ephraigen in consequence of his faithfulness, honesty and industry in attending to my business as a teamster. I hereby give to my faithful seamstress Judy, and her five children, the use and possession of my farm in Richland Creek in Davidson County, together with the crop now growing on the same, and all the stock of every kind at said farm. The stock and crop are to be subject to their entire control and disposition. And they are to enjoy the possession of said farm until the 1st day of March next, unless they choose to quit the possession of the same sooner, and on their leaving said farm my Executors are to take possession of the same and rent it out or dispose of it as they may think proper until it is
sold. And at my death, Tom Keys and Ephraigen are to select my box, wagon and eight of my best mules and gear, which my Executors are to place in the possession of those slaves that I have emancipated for their own use and benefit, all of which are to be and remain their property. Immediately after my death, my Executors are to take all my property in to their possession, and they are to proceed on the 6th
day of March next at the upper end of the market house in the city of Nashville, to sell my farm on Richland Creek in Davidson County, on the terms specified in the 23rd item in the body of will, first having advertised the same for two months in the Louisville Journal and in some more popular newspaper in the city of Cincinnati and in the Nashville Whig. And they are to have all my iron works carried on
until the first day of May next when they are immediately thereafter to proceed to sell to the highest bidder at the White Bluff Forge, first the White Bluff Forge and next the Old Turnbull Forge, and the lands attached to them respectively. And next they are to sell the negroes belonging to said forges, and then they are to sell the other perishable property at the forges. Then they are to proceed to Piney Furnace and first sell the furnace and the land belonging to the same, and next the negroes at said furnace, and then the other perishable property at the furnace. Then they are to proceed to Mt. Etna Furnace,
and first sell the furnace and lands thereto belonging, then the negroes at said furnace, and then the other perishable property at said furniture, first having advertised the sale of said property for two months in the Louisville Journal and in the more popular newspapers in the city of Cincinnati and in the Nashville White, all of which property is to be sold on the terms prescribed in the 23rd item of my will. And the profits after paying the necessary expenses
and charges incident on carrying on the works and to constitute a part of my estate and be disposed of as direct in my will. And now, having had this codicil written out, and having duly considered its provisions, I do hereby establish and constitute the same as a part of my will. And I desire that the same be so considered and carried out
by my Executors. In witness whereof, I have hereunto set my hand and seal this 22nd day of July 1848. Test: Robert McNeilly Tarlton F. Moore E. W. Napier
Codicil to the Will of ELIAS W. NAPIER I hereby review the above codicil and emancipate and set at liberty Caroline and her child Judy, who are to go with Judy and other emancipated slaves, and are to be subject to the control of Carroll and James, and if her conduct deserves it, they are to expel her from the company and send her back to this county with her youngest child. And should Caroline, the
emancipated slave, indulge excessively and notoriously in drunkenness and debauchery, she is to be expelled and sent back to the country by Carroll and James, two of my emancipated slaves. In witness whereof, I have hereunto set my hand and seal this the 4th day of August 1848. Test: T. F. Moore Joseph Groves E. W. Napier
Codicil to the Will of ELIAS W. NAPIER Know all men whom it may concern, that I, E. W. Napier, having heretofore made my will, and being now very weak and infirm, do make this as a codicil thereto. I hereby request, authorize and empower my Executors to set at liberty my negro boy Smith, after he shall have remained in the services of my estate until after the sale of the same. And I wish it understood that I do hereby emancipate subject to the above condition, and he is then to stand on the same footing with the others that I have emancipated. In witness my hand and seal this 6th day of August 1848. Test: Robert McNeilly Jesse Beck E. W. Napier Will and codicils were proven in open court at the August term of 1848, and recorded on the 22nd day of
August 1848. Thomas McNeilly, Clerk
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