You can read about how I came to know about Dr. Boyd McNairy and his connection to my Sims family here. I updated this page in June 2013 with a chart showing the maternal links among the McNairy, Shelby, Minnick, Hodgekinson and Sims families.
Noble Woman Passes Peacefully Away After Long Illness.
Mrs. Irene A. Evans, widow of William M. B. Evans, passed peacefully away late Thursday afternoon at the residence of her son-in-law, Dr. Henry W. Morgan, 2022 West End avenue.For the past twelve years Mrs. Evans had resided in New York City and returned to Nashville three weeks ago, accompanied by her daughter, Mrs. Morgan.Her health has been failing for some months, and there was no improvement after her return, although she did not become seriously ill until Saturday morning about 10 o’clock, after which she failed rapidly until the end, which came at 6:30 o’clock.
Mrs. Evans came of one of the most prominent families in Tennessee and has a wide connection of relatives.She was the daughter of Dr. John and Elizabeth Alloway McNairy, and was a native of this county.With the exception of the twelve years which she resided with her son in New York, Mrs. Evans had lived in this city.Her father was the first physician in charge of the Tennessee Hospital for the Insane, and was a man of prominence in his profession.Mrs. Evans was a granddaughter of Dr. Boyd McNairy, one of the earlier settlers in Tennessee, who was prominent in political affairs in the time of Andrew Jackson and Henry Clay, and was a warm personal friend of those two distinguished public men, who were frequently entertained at his home.
During her young ladyhood, Mrs. Evans received her education at the old Nashville Female Academy and graduated from that institution. She was married in 1858 to William M. B. Evans, who was a native of Troy, N.Y., and who was the first graduate prescriptionist to locate in this city. Mr. Evans was connected with several prominent drug firms and was a successful business man. Twenty-nine years ago he died, leaving surviving him his wife and three children.
Mrs. Evans had for many years been a devoted member of the Episcopal Church, her membership being with Christ Church.When the new church was being erected she took an active part as a member of the ladies’ society and she and her co-workers had a most important part in the building and furnishing of the new edifice. She was a woman of sweet character and charming personality, and was always kind and charitable. After the death of her husband her tender devotion to her children is a remembrance which will be to them and those who knew her a halo of brightness around her beautiful life.
Mrs. Evans was the mother of Mrs. Henry W. Morgan, of Nashville, Mrs. Frank Okell, of Canford, N.J., and Robert Evans, of New York City. The funeral arrangements will be made after the son and daughter, who have been notified by wire, have been heard from.
Reference: The Tennessean (Nashville, TN) 04 Nov 1904, p. 6 as indexed at Newspapers.com, accessed August 2016
Boyd McNairy of Fufkin, Tex., was in the city Monday en route home from Macon, where he attended the Confederate reunion. Mr. McNairy served through the civil war four years and two months as a private and was shot down three times on the field. He is a native of Nashville and removed to Texas in 1866. His father, Dr. John McNairy, and grandfather, Boyd McNairy were among the first settlers of Nashville, and he is the only surviving member of the old McNairy family. He tells some interesting reminiscences of Nashville that took place before the war, also expressing surprise at the wonderful growth of Nashville since he left in 1866. He said there were but a few familiar spots to be seen now. Mr. McNairy is stopping with his nephew, Dr. Henry Morgan, wile in the city.
Reference: The Tennessean (Nashville, TN) 14 May 1912, p. 16 as indexed at Newspapers.com
YVONNE GOODRICH, Infants, by BERNARD I. CAIN, Their Next Friend
IRENE A. EVANS, ANNA M. BARROW, FANNIE CALDWELL, ELIZA W. GORDON and HENRY C. BURCH, Executor and Trustee under the Last Will and Testament of WALTER S. MCNAIRY, ET AL.
NO. 21,973 Decided April 22, 1901
HEARING ON BILL IN EQUITY FOR PARTITION. Mr. Clarence A. Brandenburg for the complainant. Messrs. Hamilton & Colbert, Mr. W. H. Sholes and Mr. H.W. Sohon for the defendants. Mr. Justice HAGNER delivered the opinion of the Court:
This suit was brought to determine the right to certain lots in Washington City claimed by the parties herein under the will of Walter S. McNairy. The testator, who was a resident of the District of Columbia, on the 31st of August, 1898, executed his last will and testament, in form capable of passing real and personal estate; and shortly afterwards departed this life unmarried and childless.
He was one of five children, two of whom, Henry and Frank, had died, unmarried and childless, before the execution of the will. A third brother, John, also died before the testator, leaving surviving him three children; Irene A. Evans, Anna M. Barrow and Fannie Caldwell, who are defendants in this suit. A fourth child of the said John, Mrs. Walker, had died before the testator, leaving Ruffin L. Walker and Fannie Meredith, her only children; who are also defendants herein. The fifth of the children referred to, who was the sister of the testator, married a man named Goodrich, and died before the testator, leaving surviving her a daughter, Eliza W. Gordon; and two grandchildren, infant defendants herein, Adele Mignon Goodrich and Yvonne Goodrich.
It thus appears that the persons claiming the property involved in this suite are all nieces of the testator, except Ruffin L. Walker, who is a grandnephew, and Fannie Meredith, Adele Mignon Goodrich and Yvonne Goodrich, who are his grandnieces.
The testator died possessed of a considerable amount of personal estate returned by his executor, the complainant, as $35,148; and of three parcels of land or lots in Washington City, worth about $15,000, which, it is admitted, was the only real estate owned by him.
[Omitting here additional description of the will and its wording and the court's construction of the meaning of various phrases in the will. The issue was related to who should participate in the distribution of the real estate portion of the estate sold for cash then distributed.]
The contention of the grandnieces and grandnephew is that the language of the first and last sections of the will, properly construed, do not effect such a conversion of the realty; and that its proceeds after sale thereof, should be divided, according to the statutes and laws governing real estate, among the nieces and grandnieces and nephew, in proportions recognized in such division of realty.
[Omitting a long recitation of precedent here.]
In my opinion no conversion was intended to be effected by the will of the testator except for the purpose of paying off the legacies; and as the legacies have all been paid out of the primary fund, the personality, the lands belong to the heirs at law of the testator, unencumbered with any claim of conversion, and the grandnieces and grandnephew are entitled to share in the division of the lands, which may now be ordered to be sold for such division.
I am further of the opinion that the grandnieces and grandnephew have no right to share in the undivided personality of the nieces, since, with respect to that class of property, there can be no distribution among collaterals beyond brothers and sister's children.
The residuary clause being unaffected by claim of an equitable conversion, out and out, the words of that clause are, to be construed distributively, according to the cannon of statutory construction, reddendo singula singulis; so that it must be taken to mean that the heirs at law are to receive the lands or its proceeds, and the next of kin are to receive the undistributed personality.
This principle is illustrated by several cases assembled in a subsection in the article on "Statutes" in the 28th volume of the Encyclopedia of Law, at pages 444-5.
I will sign a decree in conformity with these views.
Reference: Justice Hagner, Richard A. Ford, editor, The Daily Washington Law Reporter, Volume 29, pps. 348-351, The Law Reporter Co., Printers and Publishers, Washington, D.C., 1901; copy freely available on Google Play in August 2016
I have this sold & do hereby convey to Nelly Rose (a free woman of Colour) her heirs & assigns forever for the sum of five hundred dollars two hundred dollars of which are to me in hand paid & a note from her payable twelve months after the date of this Bill of sale for the balance a man slave named Buck aged about fifty six years, I warrant the title to said slave to her said Nelly her heirs & assigns against the lawful claims of all persons I also warrant him to be a slave for life. Witness my hand & seal this 12th day of January 1842.
Boyd McNairy (seal)
State of Tennessee Davidson County Personally appeared before me Robert B. Castleman Clerk of the County Court of said County the above named Boyd McNairy the bargainer with whom I am personally acquainted & who acknowledged the hehe within executed the above Bill of Sale for the purposes therein Contained. Witness my hand at Office this 12th day of January 1842.
R. B. Castleman
(Recorded Jan 12th 1844, 26 minutes after 3 O’clock PM & entered in Note Book 1 page 3)
Reference: Davidson County, TN Deed Book 4, p. 462, Family History Library, Salt Lake City, Utah 35mm microfilm #0,033,669, item 2
Know all men by these presents that I John S. McNairy of the county of Davidson & State of Tennessee for & in consideration of the sum of five dollars by me in hand paid by Boyd McNairy the receipt whereof is hereby acknowledged, I have this day bargained sold & delivered & by these presents do hereby bargain sell & deliver to the said Boyd McNairy a certain negro girl slave named Susan about 35 years age one other negro girl slave named Adeline & her four children one about ten years old named Mary Jane, one other about 7 named John one other about four named William & her infant child a girl about six months old I hereby warrant said negroes to be sound health & sensible & that they are slaves for life. This deed intended to secure the said Boyd McNairy for the sum of three thousand dollars this day loaned by said Boyd to me due in twelve months with the interest that the said Boyd has to pay thereon. Now if the said John S. McNairy shall well & truly pay the said sum of money & any part thereof at maturity, then this deed be void & of no effect, otherwise to remain in full force & virtue. In witness whereof I have hereunto set my hand & seal this first of March 1841
Jno S McNairy
State of Tennessee Davidson County Personally appeared before me Robert B.Castleman clerk of the county court of said county the within named Jno S McNairy the bargainer with whom I am personally acquainted & he acknowledged that he executed the within bill of sale for the purpose therein contained Witness my hand at office this 5th day of March 1841
R. B. Castleman
Reference: Davidson Co., TN Deed Book 4, p. 609, Family History Library, Salt Lake City, Utah, 35mm microfilm #0,033,669, item 2
The committee of correspondence, appointed by the Central Whig Committee of Davidson county, is composed of the following persons: John P. W. Brown, William R. Elliston, Boyd McNairy, Donald McLeod, George W. Martin, C. C. Norvell and Walter Sims.
P. HAY, Sec’y.
Nashville, Aug. 10, 1844
Reference: The Tennessean (Nashville, TN) 14 Aug 1844, p. 2 as indexed at Newspapers.com
OF HOUSEHOLD AND KITCHEN FURNITURE—SILVER-PLATED WARE—OIL PAINTINGS—ENGRAVINGS, &c. &c.
AT 10 o’clock on Monday morning next, Dec. 30th, 1839, will be sold at the residence of Dr. John S. McNairy, on High Street, near Spring St., all the well kept Household Furniture, Sliver-Plated Ware, Oil Paintings, Engravings, &c &c.
ALSO—A Piano Forte of New York make.
The House will be open early on the morning of sale, when the Furniture, &c. can be examined.
LEWIS. E. JOHNSON, Auc’tr.
Reference: The Tennessean (Nashville, TN) 28 Dec 1839, p. 2, as indexed at Newspapers.com
JUDGE McNAIRY TO THE SECRETARY OF STATE [SD:S.W.Terr.Papers:ALS]
Territory of the United States So. of the River Ohio. the 7th of March 1791 Sir. I had the honor, with your letter to receive a commission to me directed, as one of the Judges of the Territory of the united states south of the River Ohio, which I have accepted, and proceeded to discharge the duties of the Office, Mr. Peery, whom we understand is appointed on of the Judges is not come forward, nor have we any information of him
I am, Sir, your most HumbLe and most Obedient Sert John McNairy THOMAS JEFFERSON Esquire
Reference: United States Department of State, The Territorial Papers of the United States, Vol. IV The Territory South of the Ohio River, compiled by Clarence Edwin Carter, 1936, p. 49, copy in Fort Worth Public Library, Fort Worth, TX