Washington Co., Virginia Will Book 16: 406
William Byars will and codicil
will dated 6 May 1858, codicil dated 31 March 1862; recorded 26 March 1866
abstracted Jan. 2011 by D. Powell from FHL mf #34361
William Byars of Washington Co., Virginia
to daughter Eliza McEwen $5 as she has already received her portion of my estate
to daughter Sarah Walker $5 as she has already received her portion of my estate
to daughter Amanda Ernest, during her natural life, the mansion house and other outhouses and all that part of my farm called Brookhall within the following boundaries: beginning at a stake on the Stage Road and corner to John Byars, on a line of Madison Beatie, thence with the road N73 ½ E 177 poles to a stake in the middle of the road S19E 34 poles to a stake in the fence thence with the fence N 69 1/2 E 32 poles to the creek to a Lombardy poplar on one side and white oak on the other thence down the creek S23E 54 poles to a white oak near the bend of the creek S64_ W 8 poles to a white oak at a gate S67W 30 poles to a small sycamore S 4 ½ E 30 poles to a rock on the SE side of the branch thence down the creek with the meanders of the same S75W 22 poles to a Spanish oak bush S63W 39 poles to a small poplar near an old ford thence S20E 30 poles to a cedar bush, S6W 20 poles to a crooked white oak thence leaving the creek S 2 ½ E 11 poles to a stake S73E 38 poles to a stake S12W 14 poles to a sycamore on the east side of the creek, thence with the creek S83E 28 poles to a white oak S70E 24 poles to a sycamore N77E 16 poles to a sycamore N50E 12 poles, crossing one fork of the dam to two beeches and dogwood, thence S59E 71 poles to a white oak S18E 10 poles to a walnut near the _ars, S20E 14 poles to a white oak S41 ½ E 90 poles to a stake in the road at the Synodgrass [sic] place a white oak marked as a pointer East 20 poles along the road to a stake N69E 36 poles to a white oak on the East side of branch S72E 28 poles to a fallen white oak and pointer on Synodgrass’ old ___ [not filled in] and corner to Henry Jones’ land, thence leaving the division line N43E 45 poles, thence with the several lines of Jones, Robinson and Maddison [sic] Beatie (as surveyed by James Black in an inclusive survey for William Byars) to the beginning suppose to contain 656 acres more or less.
At Amanda’s death the above land to Amanda’s children or their heirs (to take share of deceased parent).
Also to Amanda Ernest during her lifetime the farm known as the “Pleasant Grove” place on the waters of the Middle Holston adjoining the land of ___ Sheffey, R.B. Edmondson and Absalom Beatie in Washington Co. said to contain 200 acres. At Amanda’s death this farm to my grandson William B. Ernest.
Also to Amanda Ernest my household and kitchen furniture, meat and grain as needed for the family, choice of 8 cows and calves and 50 head of sheep, 4 oxen and wagon, 4 mules or horses with wagon and harness with farming implements as necessary for the farm.
Also to Amanda Ernest the following slaves: Caroline, Dolly, Givens, Henry, Delsey, Tom, Zachariah, Pete, Jerry and Mahalia with their increase. Also an 8-day clock now at the college.
To grandson William B. Ernest, a negro boy Jim. To granddaughter Mary Ernest a negro girl C__n. To grandson James M. Ernest a negro boy Washington. To granddaughter Betty Ernest a negro girl Martha.
To the children of Amanda Ernest 26 shares of the Virginia and Tennessee Raid Road stock for their education.
To my son James M. Byars all the slaves in his possession; also Daniel and Lucy with their increase.
To my daughter Mary Cloyd that part of my river farm (commonly called the Thompson place) lying south of the middle fork of the Holston River, and not included in the deed made to my son James M. Byars, also the 53 acres adjoining and purchased from Andrew Simons. I require Mary to pay my son William B. Byars $5,000 in five equal, annual installments. Also give Mary Cloyd a negro woman Charlotte and also 25 shares of Virginia and Tennessee Rail Road stock.
To son John Byars and his heirs, that part of my Brookhall farm not heretofore disposed of, said to contain 694 acres; also the farm I purchased from John Eakin Esqr. At John’s death this farm to my grandson James M. Ernest.
To son William B. Byars the $5,000 above stated and also $5,000 due on the same terms from James M. Byars (in part for the tract of land deeded to him). Also give and release to William all my accounts against him amounting to at least $10,000. Also all the slaves he now has in his possession with their increase. I also bequeath to William 400 acres in Clinton Co., Kentucky on the waters of Illwill.
Tract of land in the Locust Grove in Smyth County (180 acres) and known to contain a large plaster or gypsum quarry not to be sold or divided for 10 years from this date except with the consent of all parties and when sold is to be equally divided between the 5 legatees: Mary Cloyd, John Byars, William B. Byars, Amanda Ernest and Ja M. Byars.
The remainder of my estate I leave to be equally divided among my 5 children Mary Cloyd, John Byars, Wm B. Byars, Amanda Ernest and James M. Byars.
Revoke all former wills.
Appoint friend Jacob Lynch and son James M. Byars executors.
6 May 1858 Wm Byars (seal)
Wit:
C.J. Cummings
Cha Wm Cooper
Codicil:
1. tract of land lying on the waters of Cedar Creek adjoining the lands of Richard White formerly willed to my grandson James M. Ernest, to my granddaughter Elizabeth Hall and her heirs.
2. tract of land lying on the waters of Cedar Creek adjoining the lands of Richard White dec’d, Philip Kesner and others containing 300 acres to my daughter Amanda Ernest during her life and at her death to my grandson James M. Ernest.
3. tract of land formerly known as the McEwen farm now known as the Cherry Grove place adjoining the land of Pleasant Smith dec’d, John Hubbon [?], Emory and Henry College and others containing 250 acres to daughter Amanda Ernest during her life and then to my granddaughters Mary and Elizabeth Ernest and their heirs. Should either child die before their mother the land shall belong to the surviving child.
4. executors to make best disposition of these slaves: boy Tom formerly willed to Amanda Ernest, Prince, Findlay and Sam and should my executors think it necessary to support said slaves I will that they retain $50 to each slave.
5. to daughter Amanda Ernest my negro boy Hense [?] until her son William B. Ernest turns 21 then to William. Also negro boy Howard to Amanda until her son James M. Ernest turns 21 and then to James. Also to Amanda my negro girl Dorcia until her daughter Mary Ernest marries or turns 21 and then to Mary. I also will my executors to retain $25 for each of the following slaves to be used for burial expenses at their death: Findlay, Prince, Sam, Henry, Zack, Tom and Dilcey.
In addition to the executors previously named I appoint my mutual friends Joseph M. Cloyd and James S. Buchanan executors
31 March 1862 Wm Byars
codicil witnessed:
Wm B. Dickenson
T.B. Edmondson
A.H. Byars
Washington Co. court dated 26 March 1866:
will proved on oath Charles J. Cummings who along with Charles S. Bekem and Wm King Heiskell confirmed the handwriting of Charles Wm Cooper. The codicil was proved by the oath of Wm B. Dickenson and A.H. Byars; both will and codicil ordered recorded; James M. Byars and Samuel S. Buchanan took oath of executors with $25,000 bond with M.H. Buchanan, Wm King Heiskell, John M. Ernest and David M. Stuart security