Title: Petition of Henry Naylor as Trustee Under the Will of John L. Brightwell, 3 July 1862
Date: July 3, 1862
Source Text: A microfilm reproduction of the original document held at the National Archives and Records Administration, Microcopy 520, Reel 6. The original document is held in the Records of the Accounting Officers of the Department of the Treasury, 1775–1978, National Archives and Records Administration, Record Group 217.6.5. Within the National Archives' Archival Description Catalog, see ARC Identifier 4644616 / MLR Number A1 347 (http://arcweb.archives.gov).
Civil War Washington ID: cww.00841
To the Commissioners under the act of Congress approved the 16th of April, 1862, entitled "An act for the release of certain persons held to service or labor in the District of Columbia."
Your Petitioner, Henry Naylor, as
Trustee under the Will of John S. Brightwell
of by this his petition in writing,
represents and states, that he is a person loyal
to the United States, who, at the time of the passage of
the said act of Congress, held a claim to service or labor against Six (6)—. persons of African descent of the names of
Davis—James Davis and
John H. Johnson
Matilda and James Davis were born
after the death of Jno L Brightwell for and
during the life of said Persons respectively and
that by said act of Congress said Persons respectively
were discharged and freed of and from all claim of your petitioner to
such service or labor; that at the time of said discharge said persons, were of the age of and of the
personal description following:(1)
To wit: Anna Handy, very stout,
Black, about 65 yrs of age, good Cook Washer and Ironer Lettice
Davis, Black, about 45 years of age, about 5 feet 4 inches
high—Margaret Davis, Black. about 5 feet
high—17 years of age Matilda Davis about 16 years
of age, 5 feet high, Black. James Davis " 14 " " 5 feet
9 in " Black. John H. Johnson " 21 " " 5 feet 5 in "
That your petitioner acquired his claim to the aforesaid service or labor of said Persons in manner following:(2) To wit: By or under the Will of John L Brightwell deceased. A Copy of Said Will is hereto annexed Showing the grounds upon which Your petitioner claims as Trustee aforesaid
That your petitioner's claim to the service or labor of said Persons were
was, at the time of said discharge therefrom, of the value of $6500 or thereabouts
dollars in money.(3)[no handwritten text supplied here]
Your petitioner hereby declares that he bears true and faithful allegiance to the Government of the United States, and that he has not borne arms against the United States in the present rebellion, nor in any way given aid or comfort thereto.
And your petitioner further states and alleges, that he has not brought said Persons into
the District of Columbia since the passage of said act of
Congress; and that, at the time of the passage thereof, said Persons were
was held to service or labor therein under and by virtue of your
petitioner's claim to such service or labor.
Your petitioner further states and alleges, that his said claim to the service or labor of said Persons does not originate in or by virtue of any transfer heretofore made by any person who has in any manner aided or sustained the present rebellion against the Government of the United States.
And your petitioner prays the said Commissioners to investigate and determine the validity of his said claim to the service or labor of said Persons herein above set forth; and if the same be found to be valid, that they appraise and apportion the value of said claim in money, and report the same to the Secretary of the Treasury of the United States, in conformity to the provisions of said act of Congress.
H. Naylor, Trustee
Under the Will of Jno. L. Brightwell deceased
Thos J Naylor
Henrietta W. Naylor
John L. Brightwell
In the name of God, Amen. I John L Brightwell of the County of Washington in the District of Columbia being in perfect health of mind, but weak in body, and considering the certainty of death, and the uncertainty of the time thereof, and being desirous to settle my worldly affairs, and thereby be the better prepared to leave this world when it shall please God to call me hence, do therefore make and publish this my last will and testament, in manner and form following, that is to say—
First and principally I commit my soul into the hands of Almighty God, and my body to the Earth, to be decently buried at the discretion of my Executor hereinafter named, and after my debts and funeral charges are paid, I devise and bequeath as follows,
Item. I give devise and bequeath unto my dearly beloved Son Thomas R. Brightwell the following described portion of my Farm whereon I now reside Known by the name of 'Rose Cottage,' To wit: That part of said Farm, which will be embraced within the following lines, to wit: "Beginning at the Bridge over the [Mill?] Branch / otherwise called Watts Branch) the dividing line between the said John L Brightwell and Miss Susan G. Bealls Lands and running from thence northerly by and with the Bladensburgh Road, until it passes the Dwelling House of said John L Brightwell on said Farm, and reaches a point opposite to a small Oak Tree near the Farm a little North of the Gate leading to the dwelling House on said Farm thence running Westwardly passing said Oak / so as to make said Oak a line Tree) in a straight line to a Black [Grund?] that stand over a small spring near what is called the March, (a part of said Farm) and from said [Grund?] the continuation of said line in a straight direction until it reaches the Eastern Branch of the Potomac River, and from thence Southerly by and with the Meanders of said Eastern Branch to Watts Branch, thence Eastwardly by and with Watts Branch to the place of beginning—supposed to contain one hundred acres of Land, be the same more or less, to him the said Thomas R Brightwell and his heirs and assigns in Fee simple forever. I also give devise and bequeath unto my said Son Thomas R Brightwell the following named slaves, to wit George Washington, Matilda and Letty's Oldest Daughter named Ellen added also his choice of two of my Horses, two cows and as much long food and corn and Bacon as will serve him and his family for twelve months: also all my Household and Kitchen Furniture—also all the Farming utensils now used about said Farm.
Item: I give devise and bequeath unto my dearly beloved Daughter Eliza Bester, and to my particular friend and relation Henry Naylor (In trust for the use and benefit of my dearly beloved Daughter Ann Naylor the wife of Francis Y. Naylor.) all the rest and residue of my Farm whereon I now reside, to be Equally divided between my said Daughter Eliza Bester and my friend & relation Henry Naylor, to be held by them their heirs and assigns forever, in Equal portions, share and share alike—and the portion allotted to said Henry Naylor as Trustee aforesaid, to be held by him In Trust, for the sole and exclusive use and benefit of my said Daughter Ann Naylor and her heirs and assigns forever, and to be in no way, or manner subject to the Debts, of her present or any future Husband she may happen to Marry.
I also give devise and bequeath unto my said Daughter Eliza Bester, the following named slaves; to wit: Irving, William Eliza and Eliza's Son named William Alexander and the second Daughter of Letty, called Francis to her the said Eliza Bester her heirs and assigns forever. I also give devise and bequest unto my said relation Henry Naylor In Trust as aforesaid for my said Daughter Ann Naylor the following named slaves to wit: [Anny?], Margaret, John Henry and Letty and her Daughter named Margaret.
I give devise and bequeath unto my Grand Sons Owen H. Brightwell and and John W. G. Brightwell children of John A. Brightwell, the following named slaves to wit: Mary Doarn or [Divrainer?] and her three sons, and one Daughter to them their heirs and assigns forever—share and share alike
Item: I give devise and bequeath unto my Executor hereinafter named, all the rest and residue of my property of every description, Real, personal, and mixed, good and chattles, monies, rights, and credits, that I may die seized or possessed of, on in any way or manner entitled to, to be disposed of, to the best advantage, by kind, and the monies arising from such sale or sales by him made, as well as all monies collected by him, or coming into his possession as Executor, aforesaid, to be applied to the payment of my just debts and in case there being a surplus in his hands after the payment of my just debts aforesaid, the surplus so remaining in his hands, to be Equally, divided among my said Lega tees, share and share alike. And lastly, I do hereby constitute and appoint my dearly beloved son Thomas R. Brightwell to be sole Executor of this my last will & testament (with full power and authority to make and execute any and all conveyances that may may be deemed necessary to carry this my last will & testament into full effect in manner hereinbefore specified) revoking and annulling all former wills by me heretofore made, ratifying and confirming this and none other to be my last will and testament. In Testimony whereof I have herewith set my hand, and affixed my seal this Fourth day of October, in the year of Our Lord One thousand eight hundred and forty six (1846)
John L. Brightwell seal
Signed, sealed, published and declared by John L. Brightwell the above named testator, as and for his last will and testament, in the presence of us (who at his request, in his presence) and in the presence of each other have subscribed our names as witnesses thereto.
William Young Naylor
Robt. K. Nevitt
Mary S. Moore
Washington County, to wit:
November 6, 1846
This day appeared Robert K. Nevitt one of the subscribing witnesses to the aforegoing last will & testament of John L. Brightwell late of Washington County aforesaid, deceased, & made oath on the Holy Evangels of Almighty God. That He did see the Testator therein named, sign & seal this will: that he published promised & declared the same to be his last will & testament, that at the time of so doing he was to the best of his apprehension of sound & disposing mind, memory and understanding, & that he together with William Y. Naylor & Mary S. Moore the other subscribing witnesses, respectively subscribed their names as witnesses to this will; in the presence & at the request of the Testator and in the presence of each other
Test: Ed: N. Roach Regr Wills
Washington County, to wit:
I certify that the aforegoing is a true copy from the original filed & recorded in the Office of the Register of Wills, for Washington County, aforesaid.
Witness my hand & seal of Office this 25th day of May in the year 1853
Ed: N. Roach Regr Wills
[Form of the Oath for the Verification of the Petition.]
Washington County, ss.
We Henry Naylor as Trustee & Thomas J Naylor being duly sworn, do depose and say, that all the several matters and things which are set forth and stated in the foregoing petition, as of my own knowledge, are true in substance and in fact; and that all the several other matters and things therein set forth and stated, as from the information of others, I believe to be true in substance and in fact.
H Naylor as Trustee under the Will of Jno. L. Brightwell—
Henrietta N. Naylor
Sworn to and subscribed before me this 3 day of July A. D. 1862.
Wm R. Woodward clk.
Henry Naylor As Trustee Under the Will of Jno. L. Brightwell deceased
Selby B Scaggs
Robt. K. Nevitt
Note (2.)-- Here state how the claim was acquired, when, from whom, and for what price or consideration; and, if held under any written evidence of title, make exhibit thereof, or refer to the public record where the same may be found.
Note (3.)-- Here state such facts, if any there be, touching the value of the petitioner's claim to the service or labor of the person, as may enhance the same, and also such facts, if any, touching the moral, mental, and bodily infirmities or defects of said person, as impair the value of the petitioner's claim to such service or labor, and conclude such statement with an averment that the petitioner knows of no other infirmities or defects of said person which impair the value of petitioner's claim to such service or labor, and that he believes none other to exist. If the petitioner specify no such infirmity or defect, then his statement touching the value of his claim should conclude with an averment that he has no knowledge of any such infirmity or defect.