Hartwell Hyde's Will Written 1829

Hartwell Hyde is my Fifth Great Grandfather. His Grandson Hartwell Spann, mentioned in this Will, is my Third. Young Hartwell was set to receive some property IF his Aunts Fereby and/or Elizabeth died without children. I don't know yet if that happened.

Hartwell Hyde had over 700 acres of land and a lot of other property. His Will includes the names of 36 enslaved people. Three names are mentioned twice and I'm assuming it is duplication. I'm posting this to be included in the Slave Name Roll Project to help the descendants of those people find them. In the 1820 census, Hartwell Hyde was listed as having 15 slaves and 1 free man of color. But from the looks of this Will, he may have had more just not living with him. 

Releasing: Vital, Caroline, Mary, Rinchin, Fanny, Clara, Alley, Henry, Suckey, Nancy, Mariah, Charlotte, Lucy, Essex, Julia, Linda, Cyrus, Lewis, Major, Nelson, Phillis, Ursey, Simon, Milly, Addeline, Harold, Martha, Eda, Eveline, Betty, Mahalia, Woodley, Abram, Delila, Net and Elizabeth 

The Will of Hartwell Hyde, signed March 11, 1829

"Tennessee Probate Court Books, 1795-1927," images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QSQ-23RT-Z9?cc=1909088&wc=M6Q7-JP6%3A179878101%2C179984001 : 22 May 2014), Williamson > Wills, 1831-1834, Vol. 05 > image 171 of 273; county courthouses, Tennessee.

Hartwell Hyde Deceased Will July Term 1833

In the name of God, Amen I Hartwell Hyde of Williamson County in the State of Tennessee being of sound mind and memory, do make ordain and declair this to be my last will and Testament in manner & form following that is to say,

Item 1. I loan to my daughter Mary Heaton during her natural life, and after her death I give to her children two feather beds & furniture, one seal skin trunk, one saddle and bridle, three cows & calves, two yearlings, three negro girls, Vital, Caroline, & Mary & their increase & two mares to them and their heirs for ever, the above property the Said Mary Heaton has in her possession for the benefit of her children.

Item 2nd  Having previously made provisions for my son Richard W. Hyde, I give him the sum of one dollar.

Item 3 I loan to my daughter Milly J Jourdan during her life and after her death I give to her children, three beds & furniture, three cows & calves, one trunk & chest, one saddle & bridle, which property she has received & has in her possession, my negro boy Rinchin & a negro girl in the possession of my daughter Milly, by the name of Fanny. I have in trust to my executors, to be hired out yearly & the money arising from the hire of Said negros to be applied by my executors to the support of my Said daughter Milly & her children, should my executors think proper to give up the Said boy & girl to my Said daughter Milly & her children they can do so, this is left entirely discretionary with them.

4th I loan to my daughter Sally L. Baker during her life & at her death I give to her children, two beds & furniture one trunk, one mare & colt, one young horse, one saddle & bridle, three cows four sows & pigs, also seven negroes Clara, Alley, Henry, Suckey, Nancy, Mariah & Charlotte & their increase which property she has in possession except one of the girls which has been sold to Hartwell B. Hyde the girl by the name of Lucy

Item 5th I give to my grandson Monro Jordan son of my daughter Milly, one young horse which the family have in possession.

Item 6th I loan to my daughter Sophia R. Jordan during her life & at her death I give to her children two beds & furniture, one trunk, one mare & colt, one saddle & Bridle three cows & calves, two sows & pigs, one negro boy called Essex & a negro girl

pg 292

called Julia & her increase which property she had in her posession.

Item 7th I loan to my daughter, Priscilla H. Fulks, during her life and after her death I give it to her children, one  bed & furniture, one trunk, one mare & colt one saddle and bridle, three cows, one sow & pigs & nine shoats, a negro woman named Linda & her children & a negro boy called Cyrus, being the same negroes that I gave a deed of gift to the said Priscilla's children for, the above property the said Priscilla has in her possession.

Item 8th I loan unto my daughter Jiney Fulks, during her life and after her death I give it to her children the following property two beds & furniture one trunk three head of horses one saddle & bridle, three cows, three sows & pigs, one negro girl Mariah & her increase which property she has in her possession.

Item 9th I give to my son Hartwell B. Hyde & his heirs for ever the following property, the tract of land on which I live and the tracts ajoining the same known by the name of Stuls and Adams tract, containing seven hundred nine and three fourth acres be the same more or less. and the following negroes (viz) Lewis, Major, Nelson, Phillis, Ursey, Simon & Lucy, four beds & furniture three bedsteds, two ood? cherry tables, one desk and book case one bureau, one sugar chest twelve chairs, box of razors & shaving instruments, one saddle & bridle, two swords one rifle gun, and shot bag, one brace? of pistols and holsters, one pair saddle bags all my kitchen furniture ten head of horses, one loom, all of my stock of cattle, all of my stock of hogs, all of my stock of sheep, all of my geese all of my black smith & farming tools, all of my cooper & carpenter tools, one waggon & gear, all of my plow gear, one cart & gear, log & fifth chain four copper stills tubs and apparatus thereunto belongings, all of my distilled spirits, one duch fan, all bonds notes & accounts, execpt the two notes the said Hartwell B. Hyde hath given me dated the 10th of March, one for four hundred dollars payable six years after date & the other for eight hundred payable eight years after date, one trunk, one chest, one pair spoons mouls two pair stulyards two pair andirons, two brass candlesticks, one gray mare one sorrel horse with a blaze face three yoke of oxen and an ox waggon, one cubbord, one candle stand, one teaboard one brass morter, all of my books, one large chest

Item 10th I loan to my daughter Fereby Johnson during her natural life and after her death to her children, should she have any, should she have no children I then give it to my daughter Polly Eaton, Milly Jourdan, Sally Baker Priscilla Fulks, Jiney Fulks, Elizabeth Bowman and my grandson Hartwell Spann, share & share alike, the following property - two feather beds, one chest, one saddle & bridle, and the following negroes Milly, Addeline, Harold & Martha & a negro child the name not recollected, one bureau, one folding table, four cows & calves, eight head of horses, the said property the said Fereby has in her possession. 

11 Item I loan to my daughter Elizabeth Bowman during her life & at her death to her children should she have any, the following property, two beds & furniture, one chest, one saddle & bridle, one bureau, one folding table and the following negroes (viz) Eda, Eveline, Betty, Cyrus & Mahalia, three cows & calves, & a steer two sows & pigs, three head of horses, which property she has now in her possession, but should my said daughter Elizabeth die without issue the property loaned her it is my will shall be divided in the following manner to be equally divided between the children of my daughter Polly Heaton, Milly Jourdan, Sally Baker, Priscilla Fulks, Jiney Fulks, Fereby Johnson and my grandson Hartwell Spann each to have a share & share alike

12 Item It is my will and desire that the two notes that I have on my son Hartwell B Hyde, one for four hundred dollars payable six years after

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date in cash notes, and the other payable in eight years after date for eight hundred dollars, in cash notes, three notes was given for the following negroes Woodley, Abram, Delila & her two children, Nat & Elizabeth. It is therefore my will that the money on notes arising from the four hundred dollar note be appropriated in the following manner when it falls due, to Hartwell Span my grandson or his heirs two hundred dollars, to Willis Span, one dollar & to Polly Oliver formally Polly Span, the sum of one dollar, & the balance say one hundred & ninety eight dollars. I wish to be given to Jinsey Fulks, when the said note of four hundred dollars falls due and the eight hundred dollar note I wish to be divided in the following manner when it falls due two hundred dollars of it I leave in trust of my executors for the use of my daughter Milly Jourdan & her children to be appropriated by them as they may think proper for the benefit of her & her family - one hundred dollars to Polly Heaton, one hundred dollars to Sally Baker ^one hundred dollars^ to Priscilla Fulks, one hundred dollars, Jiney Fulks, one hundred dollars to Fereby Johnson, and one hundred dollars to Elizabeth Bowman and their heirs forever. 

Item 13th It is my will that all property not mentioned in this will or the deed of gifts to my son Hartwell B. Hyde, of any description be given to the said Hartwell at my death to him & his heirs forever.

14th I have made no provision for the payment of my debts, as I do not recollect of owing any, but request my executors to pay all just debts against me

15th Having full confidence in my executors It is my wish that they should not be put to the trouble of giving security for the faithful discharge of their dutys as executed.

17th I nominate and appoint my son Hartwell B. Hyde & my friends John S. Russworm & William Martin executors to this my last will & testament signed this my last will & sealed it with my seal this 11th day of March 1829 
Hartwell Hyde
Witnesses: Wm C Clark, Jno M. Watson

The State of Tennessee
Williamson County July Term 1833
The last will and testament of Hartwell Hyde deceased is produced for probate the execution duly proven thus John M Watson & William Clark subscribing witnesses hereto being sworn say they became such in the presence and at the request of the testator & in the presence of each other that they believe the testator was of sound & disposing mind & memory at the making and publication of said will and under no un due influence ordered that said will be recorded, and thereupon John S Russworm, one of the executors nominated in said will appears in court and renounces the further? of the execution thereof and Hartwell B. Hyde one of the other executors nominated in said will appears in court and is duly sworn. Ordered that letters testamentory issue to him accordingly.

A Trip to Decatur City Cemetery

         Negley 

Ruth Foster          John

        1808   1895          1808  1884   

Decatur City Cemetery, in Decatur City, Iowa was the first cemetery that I visited along Highway 2 going across Iowa to Illinois in July, 2014. It was early afternoon when we got there and getting pretty hot out. There was no on-site directory and it took some time to find the grave of John and Ruth Foster Negley, parents of Josiah Foster Negley. 

Four of their seven children were living at the time of their deaths, David, John Calvin and Susannah lived near them in Iowa and Josiah was in Nebraska. It would have been a 250 mile trip for Josiah to get to their funerals, I don't know if he was able to go for either of them. Both John and Ruth died in the month of December, when the weather can sometimes make travel difficult. 

John and Ruth lost two boys when they were very young and a daughter died in her 20's. David and John Calvin, as well as many grandchildren and other relatives also lie in the Decatur City Cemetery. The other five children are resting in Pennsylvania, Illinois, Nebraska and other parts of Iowa. 

Pennsylvania is a long way from where I am, but I would like to get there someday. If I do, I will visit the graves of both John and Ruth's parents. Jacob and Phebe Negley are buried in St Paul's UCC Church Cemetery in Huntingdon County. Ruth's parents, Richard and Charity Foster lie in the Duvalls Cemetery in Bedford County.

Negley's in Harvard Cemetery

Going back to my series about the grave's I've been to, I'll pick up with the Negley family line. The parents of my Great Grandma Sadie Negley McGrath are Josiah and Sarah M. Negley.   

The Negley family plot is in the northeast corner of the Harvard Cemetery, about 45 miles from my home. I've been there a few times. It's a good sized cemetery that is kept up well and has a nice electronic directory on-site that is a great help for finding graves.

The first loss for the Negley family was son Newton who died of tetanus in 1887 when he was 13. Josiah & Sarah's daughter Sadie and son Bill rest in the Aurora Cemetery, son George Oscar Negley is buried in the Stockham cemetery, and the other three are beside their parents in Harvard. All of these graves are within 30 miles of each other.

The elements have been very hard on these. Three of them are nearly illegible, especially in bright sunlight. Josiah lies on the far right and the others are in the order below, going to the left.

Josiah F.

1846-1922

Sarah M. 

1849-1927

Alice M. 

1877-1962

 

Josia D C Negley

Nebraska

PVT 7 Trench Mortar BN

World War I

Sept 12, 1881   Dec. 3, 1967

Newton 

1874-1887

Mary

1907 - 1908

Josiah & Sarah's granddaughter, Mary, is buried to the left of Josia D C or "Cal". She is the infant daughter of George Oscar and Lena Negley. Also buried in a different section in the Harvard cemetery are Sarah's brother, George Washington Lee and members of his family. 

The parents of Josiah and Sarah are resting in cemeteries in Iowa and Illinois. I've been fortunate to be able to travel to both locations.   

Negley Properties in Eldorado, Nebraska

Josiah and Sarah Negley moved from Decatur County, Iowa sometime between 1883 and 1887 to Clay County, Nebraska. They were in their late 30's and had five children.¹
I don't know if they owned property in Iowa (I haven't had the opportunity to look), but I've found a few deeds for property they owned in Eldorado, a town that no longer exists. This map of Eldon (the original name of Eldorado) was in a book at the Clay County courthouse. I think that "State Street" is Highway 14 so if that's correct, about all that is left of Eldorado today is a few houses that stand in the area of Block Three between Maple and Center streets. The railroad tracks were torn out years ago, but I remember them crossing the highway. Eldorado sat between Harvard and Stockham on the line. I've seen a note in the social column of an old the Harvard Courier that said Sarah Negley took the train to Stockham which is a distance of about 5 miles.

Click to enlarge

The first deed I found was in Sarah's name. This wasn't the first time I have found deeds in my female ancestors' name, so I'm no longer surprised but still curious if there was a reason for a married woman being named and not her husband. On December 1, 1897, she paid $75.00 for Lot 1 in Block 3, the top right corner of the left hand block between Maple and Center streets. The deed states the Lot "having been contracted to be sold to William J. Stockham by said Pioneer Town Site Company... and said contract being subsequently assigned to said Sarah M. Negley". 


In November, 1904 Josiah contracted to purchase from Pioneer Town Site Company Lot 2 in Block 3, the property just south of the Lot Sarah bought in 1897. On December 18, 1907 for $50 the property was conveyed to Josiah F. Negley.

On September 29, 1908, Calvin Negley, youngest son of Josiah & Sarah had just turned 21 years old. He paid Art & Daisy Cranstone $750 for Lots 1, 2, 3 & 4 in Block 4. That's the small corner piece of land to the east (right) of Railroad Street. His father witnessed the deed along with Ezra Ayer, a neighbor and family friend. 

On January 12, 1909, Josiah received the deed for land he contracted  in July, 1906. Out Lots E and F, which as stated in the description "Said premises being formerly known as Lots one (1) and two (2) in Block numbered (2)..." .

1909, at age 63, Josiah is still buying property. For $100 he bought Lots 3 and 4 in Block 3 "having been contracted to Milton A. Fairchild by Pioneer Town Site Company...". The name Milton A. Fairchild was familiar to me from a photograph I had found with the Negley family's possessions in the Old Trunk in the Attic. 

At this point, Josiah and Sarah owned Lots 1 through 4 in Block 3 and Outlots E and F, or Lots 1 and 2 in Block 2. Son Calvin owned four Lots in Block 4. In 1912, Josiah became the Justice of the Peace in Eldorado. His sons Calvin and Bill ran general mercantile stores in Eldorado and Harvard at times, but I haven't been able to find more information on when exactly. I would guess they had a store on the property that Calvin owned, but I'm not sure. 

On April 10, 1913 Calvin sold his four Lots in Block 4 to George W. Dill for $350. That was quite a loss for him after paying $750 for it five years before.  A year later a fire destroyed the towns grain elevator and lumber yard which would have been devastating to the town.  

Josiah Negley suffered a stroke about 1915 and was paralyzed until his death in April, 1922. Just three weeks before his death, he and Sarah sold to Adam G. Ross and Peter Hein "Out Lot F" for $200. The description matches exactly with the earlier deed calling it "Outlot E and F", for which they paid $100. 

Three days after Josiah's death, his children gifted their interest in Lots 2, 3 and 4 in Block 3 to their mother for $1.00 and love and affection. Spouses Lena Negley and Art McGrath relinquished all their marital rights and interests. 

The final two deeds I found that day were between Sarah and two of her children, dated March 28, 1923. She conveyed Lot 1 in Block 3 to Calvin and her unmarried daughter Alice got Lots Two, Three and Four in Block Three. Both for $1.00, love and affection, to have and to hold "from after my death". Sarah died on October 11, 1927.

---

NOTE:
1 Clarification: Josiah and Sarah had six children: George Oscar, Newton, Alice, Sadie, William and Calvin. Newton died in August, 1887 and the next month Calvin was born. ^↩

 

Another Three-Name Stone

SMITH

           JONATHAN A                      RACHEL                     JONATHAN

      SON OF S & M K SMITH           APR 9, 1800            JUNE 22, 1798
OCT  19, 1872 - DEC 25, 1875      OCT 9, 1866            FEB 27, 1867

My previous post also featured a stone with 3 names on it. Again, I think this stone was probably placed years after any of the deaths. Jonathan A. Smith was the grandson of Jonathan and Rachel, his father was their youngest son Samuel. Another son of Jonathan and Rachel is buried in Mt Moriah - Andrew, along with his third wife, Eliza. Jonathan and Rachel are my Fourth Great Grandparents.

Mount Moriah Cemetery is over 300 miles from me in Davis County, Iowa. I was at this cemetery in July of 2014, when on our way to Illinois we travelled across Iowa on Highway 2 and stopped at four different cemeteries. After spending the night in Bloomfield, we were here at Mount Moriah in the morning. Steam was rising from the nearby fields with the humidity. There aren't many stones here, it was easy to find Jonathan & Rachel's. 

They were married for about 51 years, and just four months after Rachel's death Jonathan died. He was born in New Hampshire, lived in New York, Pennsylvania, Virginia and finally in Iowa. He and Rachel Simmons married in Mercer County, Pennsylvania and had ten children together. At least three of their children passed away before them, including their daughter Ruth, my Third Great Grandmother. Those children's final resting places are scattered throughout Pennsylvania, Virginia, Illinois, Nebraska, and Oregon.

Jonathan's parents, Jonathan and Dorothy (Wadleigh) Smith, are buried in Raymond, New Hampshire. I don't know the burial location of Rachel's parents Elijah and Ruth (Russell) Simmons. It is likely somewhere in Pennsylvania.

Mount Moriah Cemetery, Davis County, Iowa