Rains

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Felix R. Rains - Will - written April 12, 1883
Filed July 5, 1883 Davidson County TN
DCWB 27:451
Transcribed by Lynn Wedel  wedel444@yahoo.com  


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Contributor's notes:
Transcribed with same spellings and punctuation as in original document
Felix Robertson Rains was born March 11, 1810 and died June 1, 1883.

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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 years old when his 
father died.

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 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 No 1

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

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