DAVIDSON COUNTY, TN - WILLS - Mary E. Swearingen, 26 Feb 1861
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Contribtor's Note:  Mary Swearingen, daughter of Nancy Rains, granddaughter of 
John Rains, Jr. and Frances Ogilvie.

Davidson Co., TN
Recorded WB 18:581, 1861

I Mary E. Swearingen, being weak of body but of sound mind and (illegible)
memory, do make and publish this as my last will and testament.

Item 1--After the payments of  my debts and the costs and charges of
administration, it is my will and desire, and I hereby devise and bequeath all
the rest and residue of my personal estate of every nature and kind;
including my negro slaves John,  Horace,  Laura and Catherine, to my uncles
James Rains and Felix R. Rains, and to the survivors of them, and to the
personal representative or the successor of such survivors, to have and to
hold the same in trust to possess, manage and control and to pay the hires
issues and profits, after deducting all the necessary expenses of executing
the trust, to and for the use of my father Lemuel Swearingen, annually, for
and during the full term of his natural life and after his death to convey the
said property as follows:

One seventh to my uncle James Rains.
One seventh to my uncle Felix R. Rains.
One seventh to my cousins John Rains and Sykes Rains, children of my deceased
uncle Jno Rains or to the survivors of them.
One seventh to my cousins Tarlton Rains, Wilfred Rains and Blake Rains,
children of  my uncle Wm G Rains, or to the survivor or survivors of them.
One seventh to my aunt Martha Williams, wife of B. B. Williams to her sole and
separate use.
One seventh to Elizabeth Bryant, my aunt, the wife of Jno. T. Bryant to her
sole and separate use.
One seventh to Edward Ensley, Enoch Ensley, Jr., Aline Provine and Melville
Williams, descendants of my deceased aunt, Mary E. Ensley, the survivors of
them.

Item 2nd--  Should either of the legatees to whom property is bequeathed in
the foregoing item, be dead at the death of my father, where the bequest is to
a single person, then the share of such deceased legatee shall go to his or
her children or their descendants or they would be entitled to his or her
estate by the Statute of Distributives of this State, and if there are no such
children or descendants then said share shall go to the surviving legatees and
the children or their descendants of those of the legatees who may be dead
leaving such.

Item 3rd--  When the legacy of the first item of this will is to two or more
persons, and to the survivor or survivors, it is my will and desire, that the
share of any such legatees who may die before the time for division, should
go, in like manner as (illegible) Item Second, to the children or their
descendants of such legatee, if any, and, if none, to the survivor or
survivors as a class, and if case of the death of all said legatees without
children or their descendants, then such share shall go to other legatees
surviving and the children or their descendants of share of the legatees who
may be dead leaving such. 

Item 4th--  The object of the foregoing provisions is to give the property
bequeathed, after my father's death, to the heirs and distributees of my grand
father John Rains, through and from whom all said property came to me.

Item 5--  I nominate and appoint Felix R. Rains, executor of this my last will
and testament.  In testimony whereof I have hereunto set my hand this 26th day
of Feby 1861 --

Mary E. Swearingen

Signed, acknowledged and published
in presence of Wm. K. Wair   Jurat
Washington Roop  "

There is an Administrator's Final Report, 6/00/1892, Davidson Co., TN WB
31:412