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Subject: [RHEA-L] Will that contains Rhea names
Date: Thu, 29 Jul 1999 00:40:00 EDT

This file was contributed for use in the USGenWeb
Archives by: Dan Taylor
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Last Will and Testament of Isaac Taylor
April 7th 1853
White County, TN

In the name of God-Amen. I, Isaac Taylor of the County of White and State
of Tennessee, being weak of body but of sound and disposing mind and
memory do make and ordain this my last will and testament.
1st - I bequeath my soul to God who gave it and my body to the Earth to be
intered under the directions of my Executors.
2nd - It is my will and desire that all my just debts be paid as soon as
soon after my decease as possible.
3rd - I give and bequeath to my beloved wife Margaret Taylor during her
natural life and widowhood all of my lands in White County, Tennessee with
the rents, profits and emoluments therof after my death, also
- A negro girl Emily
- A negro man Peter
- A negro boy Vance
- A negro girl Matilda
Besides which she is to have the use, labor and control of such other of
my negroes as she may desire and select. She is also to have such of the
horses, mules, oxen, cattle, hogs and sheep that may be on hand as she may
desire, and all the bacon, grain of every kind, matured or maturing;
household and kitchen furniture, wagon, gearing, buggy, harness, farming
utensils & all such other like necessaries as may be on hand at the time
of my decease. I also give and bequeath to her five hundred dollars
($500.00) in cash out of the monies on hand at my said death, besides
which she is to have one third of the interest due and which may become
due on certain notes below named, until said notes be collected. She is
also to have all the dividends on my Bank Stock in the Planters Bank of
Tennessee as the same may be declared, until said Stock be sold, and
whatever balance may be due on two notes on Capt. A. L. Davis for the hire
of two negroes, one dated 11th Feby. 1848 and other 15th Feby. 1850. The
notes mentioned above at interest as follows; One on John D. Taylor for
five hundred and nine dollars dated Nov. 29, 1847 with credits of two
hundred and forty dollars and 50 cts. One on A. L. Davis for five hundred
dollars dated Oct. 1, 1845 with a credit of two hundred and six dollars &
17 cts. One on A. L. Davis & I. S. Rhea for twenty five hundred dollars
dated the twenty fifth day Dec. 1844 with credits amounting to six hundred
and seventy dollars and 93 cts. And one on Foster G. Finley for three
hundred and fifty dollars dated 26 Feby. 1853. She is to have the right
to keep the negroes,
- Peter
- Matilda
- Emily
- Vance
Use and control them as her own during life or widowhood, but may at any
time dispose of them or either of them by deed or will to any of our
children or grand children if she thinks proper to do so, but if she marry
again or die without having first made such disposition of them, her title
to said negroes is to cease and they or and their increase if there be any
shall belong to my children. The other negroes are only loaned to her for
life or widowhood, but should she marry she may still retain possession of
the land until her death. She may however give her consent, if she think
proper, to the sale of the said lands and loaned negroes or any part of
either of them for distribution amongst my heirs and legatees and should
she consent to a sale of all my said lands, she is then to have out of the
proceeds thereof fifteen hundred dollars but should she agree to a sale of
a part of the lands and retain the balance, then she is to have one eighth
part of the proceeds of such sale and should she agree to a sale of the
negroes loaned her as aforesaid, or any of them the proceeds of such sale
or sales are to be divided between my children as they may be respectively
entitled to the same, and my said wife she receiving an equal share,
provided however that should she prefer to the money shall be loaned out
and she shall be entitled to the interest so long as she would have been
entitled to the labor or hire of said negroes under this will, and in as
much as the negro boy Vance has an unsound arm at this time it is my will
and I so direct that if he prove to be a cripple or his value be impaired
in consequence therof, then my Executors shall take him back and give my
said wife four hundred dollars in his stead, to be paid out of my estate.
And I further direct that my Executors pay the taxes on the lands so given
& negroes loaned out of the estate also. And I further give and bequeath
to my said wife one eighth part of all the debts which may be coming to me
at my decease, except those for land lately sold to F. G. Finley, also on
eighth part of the proceeds of the sale of all my other surplus property
and lands, now heretofore named, and of the proceeds of the sales of my
said Bank Stock when the same may be sold, provided they may be disposed
of during her life or widowhood.
4th It is my will and I so direct that after my wife shall have selected
such of the personal property and negroes as she may be entitled to under
the will, my Executors shall, as soon as convenient, proceed to sell all
the balance of the personality and negroes, except such as is herein
hereafter disposed of, also my lands in DeKalb County Tennessee, and so
soon as the notes to my lands in Texas are secured or perfected they will
sell the same, and as soon as they may think it advisable they will sell
my stock in the Planters Bank; and all the debts due my estate are to be
collected as soon as the same can be done conveniently and the proceeds
of such sales and collections, together with the balance of cash on hand,
if any, shall be applied first to the payment of all my just debts and the
expense of the estate. Second to the payment of the special devices
herein made, and the balance to be distributed amongst my children as they
or either of them may be respectively entitled to the same. The ones who
have received the least in advancement or advancements and bequeasts to be
the first to receive monies of the Executors, until his her or their share
or shares are raised up equal to those who have received the highest
amounts. It being my will that all shall share equally in my estate
counting advancements and bequests except such advancements or bequests as
are herein expressly_________ from and take out of the general accounts.
And in making said settlements each one of my children are to be charged
as follows:

I have given to my daughter Louisa J. Davis & he husband Ammon L. Davis,
in lands, negoes & other property, thirty six hundred and forty four
dollars.

To my son John D. Taylor in Cash, negroes & other property twenty six
hundred and forty four dollars, and in consideration of his misfortunes
and unavoidable bad luck with the property hertofore given him and the
further consideration of labor & service by him performed for me, I
hereby give and bequeath to him
- a negro boy Nelson
whom he is to have free of charge, and I also give him
- an old negro man named Ruben
- an old negro woman Lucinda and child Margaret
whom he is also to have free of any charge in consideration that he is to
take good care of them and they are of little value.

I have heretofore given to my daughter Ann E. Rhea and her husband B. S.
Rhea in land and negroes and other property thirty four hundred and fifty
seven dollars.

To my daughter Altamira G. Finley & her husband Foster G. Finley in lands,
negroes, cash and other property thirty four hundred and forty two
dollars.
To my daughter Mary R. Hurt & her husband Frederick R. Hurt in lands,
negroes, cash and other property twenty four hundred & twenty nine
dollars.

To my son Thomas E. Taylor in lands, negroes, cash & other property
twenty six hundred dollars and I hereby bequeath to him my blacksmith
tools and half of my library or books, besides which he is to have one
third of the interest on the note specified in the proceeding articles at
in interest, until said notes are collected. The tools, books and
interest are not to be charged against him.

I have given to my son Isaac Taylor in negroes, one thousand dollars and I
hereby direct that he shall have twenty five hundred dollars out of the
proceeds of the sales of the lands lately made to F. G. Finley when the
same are collected, provided however that should the fund not be collected
within a reasonable time after my decease, or if collected before and
otherwise disposed of, he is to have that amount some other available
source. I have also heretofore given him in cash one hundred dollars and
I hereby give and bequeast to him my surveying instruments and one half of
my library of books, besides which he is to have one third of the
interests on the before specified notes at interest. The one hundred
dollars in cash, the books, surveying instruments and interest he is to
have free of any charge.

Should either my wife, my son Thomas E. or my son Isaac die before the
interest on the before specified notes shall have been collected, the
balance then uncollected, whether due or to become due shall go to the
survivor or survivors as the case may be. And should my son Isaac, who is
now in the western country never return to receive the bequeasts herein
made to him or the property herein mentioned as given to him, all of which
is now in my possession, it is my will and desire and I so direct the same
to be divided between my other legalees, that is my wife & the balance of
my children except the item of interest aforesaid which is to be divided
as aforesaid between my wife and my son Thomas E.

5th I hereby give and bequeath to my nephew John D. Taylor one hundred
dollars out of my estate, to be held in the hands of my representatives or
by them loaned out at interest until he becomes of age, when it is to be
paid to him, provided he shall have remained with my wife and proves to be
dutiful & attentive to her as long as she may live or till he becomes of
age, and is sober, industrious & moral or if he will learn some good
mechanical trade or conduct himself well as aforesaid but if he fail or
refuse to so remain with her, or to learn some trade or fail to conduct
himself soberly, industriously and morally, then this bequest to fail &
the fund is to revert to my other legatees

6th I hereby nominate my said beloved wife, Margaret Taylor my Executor
and my son John D. Taylor, my son-in-laws Foster G. Finley and Bird S.
Rhea or such of them as may be in the country or willing to qualify and
act as such to be my Executors, to carry out and execute the provisions of
this my last will and testament, with power and authority to sell such of
the property as is to be sold, to sue for and collect my debts or bring
any other suits necessary for the protection of the estate; to make such
compromises in relation to claims or other matters of controversy
affecting the same, as they may think most to the interest and least
expensive thereto; to execute deeds upon sale of any of the property when
necessary to sell the property privately or publicly for cash or on time
as they may think best, and to do and transact all other business properly
pertaining to their said offices as my representatives. They being
allowed qualify by entering into bond without any security, and should
either of them die after qualifying but before the trust is finished, the
survivor or survivors are authorized to finish the execution of the same,
and at my wife's death or at the termination of her widowhood. They will
sell all the remaining negroes left with her for life or widowhood and
divide the proceeds amongst my children as they may be respectively
entitled thereto, and at her death sell the remaining lands of the estate
and divide the proceeds as aforesaid according to the true intent and
meaning of this will; and should it turn out that
- the negro boy Lawson
given to my son Isaac be unsound, then my Executors will take him back and
pay to my said son three hundred dollars out of my estate in lieu of said
boy

The lands spoken of herein as given to my son Thomas E. Taylor are known
as the Widow Taylor place, and embrace the greater part of the lands
purchased from her and of the heirs of Isaac Taylor, Senr., also embracing
a small entry lying between them and the land of John Sullivan, and to
embrace a small entry in the name of Lee R. Taylor and a small place
bought of William Erwin, and fifty acres, being one half of an entry of
Thomas Clark, all lying South of an east and west line running with the
cotton fields fence next to where John Taylor, Jr. now lives, the land of
my son Thomas may how'er run further north on the west of the cotton field
than the corner of the same and may run from said corner to near a
persimmon tree standing near the fence and thence west to John Sullivans
line, thence south'rd provided my wife consents to the same and in
addition to what has been heretofore herein devised by my son John D.
Taylor, I hereby give and bequeath to him the Lick tract of land bounded
as follows. Beginning at the south east corner of the land given to F. G.
Finley & wife, thence south to the line of the original 1000 acre survey,
thence with that line to the beginning corner of said tract above the
Lick, thence north 45 degrees east or with the line of the same 90 poles
to another corner of the same, thence north with another line of the same
to the corner of the said Finley land, thence west with the line of the
same to the beginning, provided, however, that he may have fifty or one
hundred acres more if he desires it to be laid off adjoining and west of
the above desired Lick tract and adjoining the 1000 acres; all of which
lands he in to be charged with at a reasonable valuation.

Given under my hand and seal this 7th day of April 1853
Sealed, signed & acknowledged
In our presence, and signed by us
In the presence of the Testator & of
Isaac Taylor (Seal)

Each other as witnessed the date above.

Henry Collier
John L. Grissom

CODICAL

By way of an addition to my foregoing Will and Testament dated the 7th
April 1853 it is my will and I so direct that my beloved wife shall have
my negro Woman Esther in addition to those given to her absolutely and
should my said wife find it necessary for her comfortable and convenient
support, to sell any or all of the negroes loaned her for life or
widowhood, my representatives are directed to sell the same as she may
direct and my said wife is to have the proceeds thereof or any part of the
same that she may desire. Since writing the foregoing will I have given
to my son-in-law, F.O. Hart five hundred dollars in a note on Capt. A. L.
Davis, with which he and his wife Mary R. Hurt are to be charged with in
the settlement of my estate in addition to what is charged to them I give and
bequeath to my beloved daughter Louisa J. Davis and the heirs
of her body, one hundred dollars to be used by her as she may think proper
which she is not to be chargeable with in the settlement of my estate nor
her husband A. L. Davis. This amount is a part of the legacy left me by
my beloved Aunt Jane P. Robinson by her last Will and Testament, and I
give the foregoing amount of it to my aforesaid Daughter, she being called
for my said Aunt.
I have heretofore given to my son Thomas E. Taylor as expressed in my
aforesaid Will, since the writing of which I have lifted a note of his
executed to his Brother John D. Taylor for about one hundred & forty
dollars, and I have loaned to my son Thomas E. some money at several
times, and I do hereby give and bequeath to him five hundred dollars in
cash and cash notes to bear interest from my decease: this amount,
together with the note lifted of his, and money heretofore loaned him, he
is to have, free of any charge against him in the settlement of my estate,
these several sums I give him in consequence of his bad luck with some of
the property heretofore given him, and because he is in debt some. The
land bequeathed to my son John D. Taylor in the foregoing Will, it is at
his discretion whether to take to or not at a reasonable face valuation:
should he not take it, it is hereby bequeathed to my wife with the balance
of my land to be disposed of as she may think proper as set forth in said
Will. I have heretofore given in my aforesaid Will to my son Isaac Taylor
one thousand dollars in negroes which he is chargable with and twenty five
hundred dollars in cash and I do hereby give him the amount of a note for
about ninety dollars made be him payable to Thomas E. Taylor; with this
amount my son Isaac is not to be made chargable with in the settlement of
my estate.
It at present seems doubtful whether any of or not more than one of the
persons named in my will recited will be here that will act as my
Executor, and perhaps not one of them in the county. In that event I do
hereby nominate and appoint Dr. Madison Fiske my executor to act with
others heretofore appointed, or by himself as the case may be, to my
aforesaid Will and to this codicile to the same.

Witness my hand and seal this 20th May 1854.

Sealed, signed and acknowledged in
Our presence and signed by us in the
Presence of the Testator & of each
Other as witnesses the date above

John Taylor Sener.
John Taylor Jnr.

July Term A. D. 1854 The foregoing Will and Codicile were duly proven
by the witnesses thereto and ordered to be recorded on July 3rd, 1854.
At the same time Margaret Taylor declined to undertake the execution of
Will and " John D. Taylor, Foster G. Finley and Bird S. Rhea the
Executors mentioned in said Will and Testament personally appeared in open
court and acknowledged Bond (without security as directed in said Will) in
the sum of Fifty Thousand Dollars conditioned as the law requires and
appointed by the court."

The foregoing Will and Codicile are recorded in Will Book D. pp. 211 to
216 in the office of the County Clerk, Sparta, TN.

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