Person:William Lytle (6)

1860 United States Federal Census Record Name: W F Lytle Age in 1860: 55 Birth Year: abt 1805 Birthplace: Tennessee Home in 1860: Murfreesboro, Rutherford, Tennessee Gender: Male Post Office: Murfreesboro Value of real estate: View image Household Members: Name Age W F Lytle 55 S R Lytle 35 M C Lytle 19 E Lytle 17 R Lytle 6 S Lytle 4 M Lytle 2 M Taylor 90

Will of William F. Lytle 1864

Posted By: Donald Detwiler Date: Wednesday, 20 October 2004, at 8:12 p.m.

Will of William F. Lytle

In the name of God, Amen. I,William F. Lytle of the county of Rutherford and State of Tennessee,being of sound mind and memory for which I am truly thankful to Almighty God, but considering the certainty of death, and the uncertainty of human life, do make and ordain this to be my last will and testament.

First of all, I resign my soul into the hands of the Almighty God who gave it; my children and servants I commit to the care and keeping of a Merciful Savior, and as to the world estate it had pleased God to give me, I dispose of in the following manner to wit:

Item 1st. I give and bequeath to wife, Sophia R. Little, the following tract of land, to wit: Beginning at the large Black Oak, it being the northeast corner of Col. Archibald Lytle’s large survey of seven thousand and two hundred acres, running thence west with the commissioner’s old line three hundred and forty one poles to Stones river, thence up the river to the center of the mouth of Lytles Creek, thence up the center of said creek as it meanders within two poles of the mill dam, thence south 51 degrees east eight poles to an Elm, thence east up the south side of the mill pond on creek to the west boundary of Murfreesboro, thence north with west boundary line of Col. Archibald Lytle’s large survey thence north with the east boundary line of said survey to the beginning containing two hundred and sixty acres more or less, to have and to hold with all the improvements and appurtenances thereto belonging, to her, for her proper use and benefit during her natural life and after her death I give the said tract of land, with all the improvements and appurtenances thereto belonging to my son, Richard Lytle, to him for his use and benefit during his natural life, and after his death, to his children, to them, their heirs and assigns forever but if my son, Richard Lytle, should die leaving no child or children to inherit this tract of land, I will and direct the said two hundred and sixty acre tract of land be divided equally between all my sons living at the time of the death of my son, Marion Lytle, to them, their heirs and assigns forever.

Item 2nd. I give and bequeath unto my son, Evander Lytle, the following described tract of land with its improvements and appurtenances thereto belonging to wit: Beginning at a stake, the center of the Murfreesboro and Salem Turnpike road, it being Franklin H. Lytle’s northeast corner running thence west with his line fifty three poles to an Elm formerly David Williams’ southeast corner, thence north three hundred and sixty poles to the center of Lytle’s Creek thence up the center of said creek to the first railroad bridge over said creek, thence up the center of said railroad to the center of the second railroad bridge, near the depot over said creek, thence west twenty poles to a stake, thence south fifty two poles to a stake, thence east twenty four poles to the center of the Murfreesboro and Salem Turnpike road, thence a southwestern direction with the center of said road to the beginning, containing two hundred and sixty acres more or less, to him, for his use and benefit during his natural life & after his death, to his children, to them, their heirs forever.

Item 3rd. I give and bequeath to my son, Richard Lytle, the following tract of land, to wit, one hundred and seventy nine acres of land I purchased of William L. and Grizella Thompson as described in their deed to me, ninety eight acres of land I purchased of the heirs of Isaac C. Brown as described in their deed to me with all the improvements and appurtenances thereto belonging to both tracts of land to him, his heirs and assigns forever, both of these tracts of land lying in Rutherford County on West Fork of Stones river, west of my original tract.

Item 4th. I give and bequeath to my daughter, Sophia E. Lytle, the tract of land called the Williams tract containing two hundred and nineteen acres more or less with all the improvements and appurtenances thereto belonging, to her for her use and benefit during her natural life and after her death to her children to them, their heirs and assigns forever.

Item 5th. I give and bequeath to my son, Marian Lytle, lot No. 53 in the town of Murfreesboro, Tennessee, on the south side of the public square. On said lot are erected two brick store rooms, three brick offices and a brick warehouse to him, his heirs and assigns forever. I give also to my son, Marian Lytle, a small tract of cedar land I purchased of William Richardson containing twenty acres more or less as described in said deed to me, also a tract of land I purchased of David Thompson, containing one hundred and sixty four acres and a quarter more or less with all the improvements and appurtenances thereto belonging, to him, his heirs and assigns forever. These two tracts of land are in Rutherford County, Tennessee, on the west fork of Stones River, the small tract lies north and joins the other tract on which Ed Burgess now lives.

Item 6th. I give and bequeath to my son, Robert Lytle, in trust for my daughter, Mary Catharine, his sister, the sum of six thousand dollars in money to be laid out in the purchase of slaves for her use and benefit during her natural life and after her death, to her children, to them, their heirs and assigns forever. If she should have no children to live, the said slaves and their increase to revert back to her brothers and sisters or their heirs. I give and bequeath to my daughter, Mary Catharine, all my stock in the Nashville and Chattanooga railroad, all my stock in the Nashville, Murfreesboro and Shelbyville Turnpike road and the one half of my interest in the John Henderson estate to her, for her use and benefit during her natural life, and after her death, to her children, to them, their heirs and assigns forever. If she should have no children to live, the said property to revert back to her brothers and sisters or their heirs.

Item 7th. I give and bequeath to my son, William F. Lytle, the following tract of land, bounded as follows to wit: Beginning at an Ash stump on the south side of the east fork of the west fork of Stones River, in the north boundary line of John Malloy’s tract of land (now Jordans) tract, it being the south east corner of the mill tract of land, running thence east crossing the river two hundred and twenty nine poles to a stake in Elisha Williams line, thence north one hundred and four poles to a stake Elisha Williams northwest corner, thence east sixty six poles to the center of the Murfreesboro and Shelbyville Turnpike road, thence north with the center of said road ninety poles to a stake John Patterson’s corner, thence west one hundred and forty poles to a stake in Robert Lytle’s east boundary line, thence south sixty three and one-half poles to a stake Robert Lytle’s southeast corner, thence west with his line one hundred and fifty five poles to a stake in the east boundary line of the mill tract, thence south one hundred and thirty and a half poles with the east boundary line of the said tract crossing the river to the beginning containing two hundred and fifty three acres more or less with all the improvements and appurtenances thereunto belonging, to him, for his use and benefit during his natural life and after his death to his children, to them, their heirs and assigns forever.

Item 8th. I give and bequeath to my son, Robert Lytle, the tract called Mill Brook with all the improvements and appurtenances thereunto belonging, containing two hundred and sixty acres more or less bounded as follows to wit: Beginning at a stake thirty seven and a half poles north from the Murfreesboro and Salem Turnpike bridge over Stones river, north of the mouth of the lane leading from the turnpike road to Robert Lytle’s residence, running thence north the center of the Murfreesboro and Salem Turnpike road north 18 degrees east eighty poles to a stake, thence continuing with said road north 30 degrees east thirty four poles to a stake, thence north continuing said road 42 degrees east sixty five poles to John Patterson’s corner then east with his line ninety eight poles to stake thence south two hundred and fifteen poles with Patterson’s line to a stake, thence east fifty eight poles to a stake, thence south sixty three and one half poles to a stake (word) William H. Lytle’s corner, thence west one hundred and fifty five poles with Lytle’s line to said Lytle’s corner, thence north fifty three poles 14 links to a stake, thence west fifty six poles to a stake, thence north twenty four poles to a stake thence west eighteen poles to a stake, thence north thirty four poles to a stake at the gate, thence west with the lane twenty three poles to the beginning, to him, his heirs and assigns forever. I give and bequeath to my son Robert Lytle the following named slaves and their increase to wit: little Isaac, Ellen, Simon, Maria and Lavinia (Filus daughter) to him, his heirs and assigns forever.

Item 9th. I give and bequeath to my wife, Sophia R. Lytle, the following named slaves and their increase to her for her use and benefit during her natural life to wit: Cesar, Henry, Watson, Filus, his wife, Harriett, Lucinda, old Hannah, old Grace and Hawkins, and after her death I give Cesar, Watson and Filus to my son, Richard Lytle, Harriett and her increase; to my daughter, Sophia E. Lytle, Lucinda and her increase; to my son, Marion Lytle, Hawkins, old Hannah and old Grace to my, daughter Eva Lytle, to them, their heirs and assigns forever. I give and bequeath to my son, Evander Lytle, the following named slaves and their increase to wit: Albert, Jerry, John, Watson & Sophy’s daughter, Grizella, and all my right and title to Livina, Edward and Jack, also one feather bed, a set of bed cloths & bedstead, my Clark’s Commentaries in a vol., one work mule, and a pair of oxen, one sorrel mare, and one thousand dollars in money to him, his heirs and assigns forever.

I give and bequeath to my son, Richard Lytle, the following named slaves and their increase to wit: Tom, Isaac (Filus’ son), Willy, Rush, Fed and Diley to him, his heirs and assigns forever. I give and bequeath to my son, Marian Lytle, the following named slaves and their increase to wit: old George, Bob, old Mary, Frank, Paralee, Rase, Dred and little Grace, to him, his heirs and assigns forever. I give and bequeath to my daughter, Sophia E. Lytle, the following named slaves and their increase to wit: little George, Henrietta, Isaac and Henrietta’s youngest child, Ananias, and Hetty, to her, for her own use and benefit during her natural life and after her death to her children, to them their heirs and assigns forever. If she should have no children to live, then said slaves and their increase to revert back to her brothers and sisters or their heirs.

I give and bequeath to my daughter, Eva Lytle, the following named slaves and their increase to wit: Fanny, Hannah, Sophia, Cresy & Angeline to her, for her use and benefit during her natural life and after her death, to her children, to them, their heirs and assigns forever. If she should have no children to live, the said slaves and their increase to revert back to her brothers and sisters or their heirs.

I give and bequeath to my sons, Richard Lytle and Marion Lytle, and my daughters, Sophia E. and Eva Lytle, each the sum of fifteen hundred dollars, a feather bed and bedstead and a set of bed cloths to them, their heirs and assigns forever.

Item 10th. I give and bequeath to my wife, Sophia R. Lytle, my carriages and buggy, all my live stock of every description, that is, horses, mules, cattle, hogs, oxen and sheep, all of my corn, fodder, oats, grain of every kind, all of my house hold and kitchen furniture, my wagons, carts, farming tools of every kind, my library of books except such articles I have mentioned in this my last will and testament, for her to dispose of as she may think proper. My silver plate I give to my wife so long as she lives and after her death to be divided equally in value between all my children living at the time of her death. It is my will and desire and I direct that all the slaves, farming tools, stock of every description I have left my wife, Sophia R. Lytle, and my five children, Evander, Richard, Sophia E., Marion and Eva Lytle be kept together and farm all the land I have given my wife and five named children common until my wife marries, or if she should not marry until my son, Evander, comes of lawful age, and the proceeds and profits of the farm and slaves after paying all the expenses of carrying on the farm to be equally divided between my wife and said five children up to that time, and each child to receive their dividends yearly by their guardians, and then the remaining children’s property to be managed by their guardians as they may think best for their interest. But if my wife should not marry, I should prefer and desire the property of the remaining children (not their money or interest) should continue together in common with my wife’s property and farm as directed above until each one comes of age and then each one as they come of age to receive their own property. But if the guardians of my remaining children should think it best & to their interest to manage it otherwise I desire they would do so.

I have made a deed of gift to my two sons William H. Lytle, Franklin H. Lytle and my daughter Julia Ann Lytle, now Julia Ann Patterson, the following named slaves and their increase to wit: Hawkins, Alford, Fed, Charlott, John, Martha, Houston, Alston, Eliza, Mary, Ellen, Matilda, Minerva, Henry, Harriett, Susan, Jane, Amanda, Rose, Granison, Lotty, Fayette, Priscilla, Milly and Nelly. I have given also to my daughter Julia Ann Patterson two hundred and fifty one acres of land, also to my son Franklin H. Lytle, two hundred and thirty five acres of land , and one thousand dollars to build his improvement on said land.

Item 11th. I give and bequeath to my daughter Eva Lytle the following tracts of land to wit: A small tract of land lying north and joining Murfreesboro line on the Lebanon Turnpike road, bounded as follows: Beginning at a Black Oak Archibald Lytle’s northeast corner of seven thousand two hundred acres running thence south with his east boundary line one hundred and four poles to a stake in my eight acre field, thence east to the Murfreesboro and Lebanon Turnpike road, thence north with the center of said turnpike road one hundred and thirteen poles to a stake on the commissioners old line, thence west with said line forty nine poles to the beginning, containing thirty two acres, more or less, to her, her heirs and assigns forever. This tract of land, I give to my daughter, Eva Lytle, with the exception of five acres which I have sold. If I should sell any more of the said tract of land, the proceeds of said sale I give to my daughter Eva Lytle, to her, her heirs forever. The other tract of land lies west of Murfreesboro between the Nashville & Chattanooga railroad and Lytle’s Creek (Adam Milles) improvements commencing at the center of the Nashville and Chattanooga railroad bridge over Lytle’s Creek at the Rock Spring and running with said creek and road for compliment containing twenty acres more or less with all the improvements and appurtenances there unto belonging to her, her heirs and assigns forever.

Item 12th. I do hereby nominate and appoint my wife, Sophia R. Lytle, executrix and Ephraim F. Lytle and John Lytle, my nephews, executors of my last will and testament, and desire they be qualified as such without giving security to their bonds. I nominate and appoint Ephraim F. Lytle, guardian of my sons, Richard Lytle and Marian Lytle and John Lytle, guardian of my daughters, Sophia E. and Eva Lytle.

Lastly I do declare this to be my last will & testament revoking and making void all former wills by me made. I have hereunto set my hand and affix my seal this the second day of January eighteen hundred and sixty one. Test Wm. F. Lytle (Seal) John E. Dromgoole John Jones

Know all men by these prevents that I Wm. F. Lytle of the county of Rutherford and state of Tennessee having on the second day of January eighteen hundred and sixty one made my last will and testament do make this as a codicil to my said last will and testament and desire it to be attached to and constitute a part of my said last will and testament to all intents and purposes as follows to wit:

First, I give and bequeath to my wife, Sophia R. Lytle, and my four youngest children, Richard, Sophia E., Marion & Eva Lytle, the following tract of land to wit: Beginning at a stake north of the mouth of the lane leading from the Murfreesboro and Salem Turnpike road to Robert Lytle’s residence running thence with the center of said road to a stake in the south bank of Stones River near the Murfreesboro and Salem Turnpike bridge crosses said river, thence south 13 ½ degrees east forty nine poles to an Elm, thence south seventy eight poles to the center of Stones river, thence with the center of said river ninety eight poles to John Malloy’s now Jordan’s north boundary line, thence east with Jordan’s line crossing the river one hundred and ten poles to an Ash stump at William Lytle’s corner thence north crossing the river one hundred eighty three and a half poles to a rock, thence west fifty six poles to a stake, thence north twenty four poles to a stake, thence west eighteen poles to a stake, thence north thirty four poles to the lane, thence west with the lane twenty three poles to the beginning containing one hundred and thirty acres more or less. The said tract of land with the mill and all the improvements and appurtenances thereto belonging I give to my wife and said four children for their use and benefit for the term of ten years from my death and after the expiration of ten years, I give and bequeath to my son, Robert Lytle, the said tract of land with all the improvements and appurtenances thereto belonging to him, his heirs and assigns forever on the condition he pay to my estate the sum of six thousand dollars to be divided equally between all my children or their heirs.

Second, I give and bequeath to my son, Marian Lytle, and my daughters, Sophia E. and Eva Lytle, to be divided equally between them a small tract of land lying on and east of Murfreesboro and Salem Turnpike road joining John Patterson’s tract of land where he now lives south of Murfreesboro containing forty acres more or less to them, their heirs and assigns forever.

Third, I will and direct that all the land and property of every description I have not disposed of in my last will and testament be sold by my executors at such time as they may think best and the proceeds to be divided equally between my wife and children or their heirs. My son, Franklin H. Lytle, is to have one thousand dollars more than any one of my children in said division.

Fourth, I will and direct that if my son, Richard Lytle, should come in possession of the two hundred and sixty acres of land by the death of his mother as mentioned in the first item of my last will and testament before he comes of lawful age, he is to relinquish all his right and title to the land I have given him in my last will and testament item 3rd to be divided equally between all my children, he to retain one equal share with them.

I will and direct further if my son, Marion Lytle, should come in possession of said two hundred and sixty acres of land as mentioned in item first in my last will and testament by the death of his mother and brother, Richard Lytle, he is to relinquish all his right and title to lot No. 53 in the town of Murfreesboro which I have left him in my last will and testament to be divided equally between all my children, he to have an equal share with them. If any of my slaves I have left my four youngest children each included should die or become of no value before the first division takes place, their value is to be made up to them out of my estate undivided.

In witness my hand & seal this second day of January eighteen hundred and sixty two.

Test. Wm. F. Lytle (seal) John E. Dromgoole John Jones

I, Wm. F. Lytle, in this my codicil above will & direct that the slaves Simon and his wife, Maria, be retained and kept possession of by my wife, Sophia R. Lytle, for the term of ten years from my death and then the said slaves I give and bequeath to my son Robert Lytle to him, his heirs and assigns forever. As witness my hand & seal January 2nd 1862. John E. Dromgoole Wm. F. Lytle (seal) John Jones

State of Tennessee Rutherford County, County court, June term 1864

The foregoing ast will and testament and two codicils thereto attached was duly proven by the oaths of J. E. Dromgoole and John Jones, the subscribing witnesses thereto, and was ordered to be recorded. Witness my hand at office, this 7th day of June 1864.

John Jones, Clerk