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Fifth Generation


179. Eli A. WALTERS was born on 19 April 1807 in Virgina. He died on 19 January 1861 at the age of 53 in Williamson County, Tennessee.

18 Apr 2012. I received an email:
"I don't know if You're interested in these attached photos but I thought I'd share them with You. Here's how I came across these tombstones in Williamson Co., TN.
While vacationing in 2004, My husband and I were driving around the Franklin, TN area and I stopped under some trees to cool off. I happen to notice a small cemetery, which was next to a high? school or large regional park parking lot and playing field and I decided to walk thru this small and well shaded cemetery to get a closer view some of the old tombstones.
I only took photos of four of maybe two dozen tombstones that were at this cemetery and just recently, decided to post these photos onto the Find A Grave website, in hopes of locating a descendant of one of these people and finding out the exact name of this cemetery. "
Two of these photos appear to be of the grave markers of Laban and perhaps a son.
In
memory
of
Laibern Watters
Born July 23rd, 1779
Died June 27th, 1854
and
In
memory of
Eli A. Walters
Born April 19, 1807
died Jan 19, 1861

1840 Census. Williamson, TN
Eli A. and Laban L. Walters living side by side
Eli: 1m age 30-40, 1f age 20-30

1850 Census. Williamson, TN, Hh 822
E. A. Waters, age 42, b. VA
Elizabeth, age 32, b. TN
Eli, age 1
Francis Kersey, age 15, b. TN
[Francis was Elizabeth's, younger brother who was later described as a "lunatic" - Eli was his guardian]
1850 Slave Schedule. Ely A. Waters listed with the following: Female age 70, female age 38, male age 22, male age 15, female age 12, female age 10. All described as Black.

1860 Census. Williamson, TN, Hh 72
Eli A. Waters, age 52, farmer with property worth $11,250 [9 slaves, see later], b. Virginia
M. E. Waters, 40, b. TN [Mary E. Carsey]
Jas E. 10. Wm. 7. Isadora 5. Thomas 2.
1860 Slave Schedule: Eli A. Warters: Male age 53, Black; female age 43, mulatto; female age 22, mulatto; female 20, Black; female 20, Black; female 18, Black; male 9, mulatto; male 3, mulatto; male age 1, mulatto.

Estate papers for Eli A. Walters found Williamson Co, TN; FamilySearch.org
Inventory and Sale 1861
Wife's allotment - 1861
Settlements 1870
Wife: Mary E. (Elizabeth) Walters
Children: Eli A. Walters, Jr., William Walters, Dora Walters, Thomas Walters, Florence Walters
Chancery Court Suit: Elizabeth Walters vs. Eli Walters Jr et al
Bill & Answer - 1866
Summons and depositions - 1866-1871
Orders 1866-1871

The Sale of Eli A Walters estate was held 26 Mar 1861 and returned as the Inventory and sale, July Term of Court, 1861.
James, R. B., and W. B. Carothers bought a great many of the livestock, tools and household items. Over $536 total brought by the sale.
Signed: Mary E. Walters, Admin.
Wm. Cummins, Clerk of Court certified the results of the sale on 13 Dec 1866.

Allotment to Mary E. Walters was filed 23 Mar 1861. Commissioners appointed were F. W. Jordan, Robert S. Buchanan, and John W. Harvey - they had been appointed at the Feb. Term of Court. They were to lay off support for the widow and children for one year from the decease of her husband. They allotted 2000# of bacon, 150# of lard, 60 barrels of corn, 6 stacks of fodder, one cow and calf, and $275 in money. Signed 2 Mar 1861.

An accounting of debits and credits to the estate covers dates from 1862 - 1870. Burial cost $65.72. Mrs. Mary E. Walters, Admin.
The estate was indebted to the administratrix for about $2600.
Dated 12 Aug 1870. H. J. Fowlkes, Clk.

There is an accounting of expenditures by D. B. Cliffe, guardian for Eli, Dora, Thomas, & Florence Walters, 1862-1870. The debits included his expenses, board & clothing by M. E. Walters, taxes paid on the land, tuition. There was income from rent of the land. Balance due Cliffe was about $122.

Miscellaneous receipts are in the file. This one is noted:
Recd of Mary E. Walters administratrix of E. A. Walters Estate Sixty Seven dollars Clothing and Expenses paid for F. M. Carsey to the asylum. June the 1st 1866. J. M. Carsey

Bill filed by Elisabeth A. Waters, 22 Sep 1866, against Eli A. Waters, Jr. William Waters, Dora Waters, James Waters, and Florence Waters, all under the age of 21 and for whom Daniel B. Cliffe is their Guardian. On 19 Jan 1861, Eli A. Waters Sen, departed this life and Elizabeth took upon herself administration of the estate. Eli died owing about 12 or 14 very valuable negro slaves that have become Emancipated since the War. The estate was heavily in debt when she became administratrix, but she believed with the help of the labor of the slaves she would be able to pay off the indebtedness, but the recent War has deprived her of that hope. An accounting of her assets will show they are worth about $384, much less than she owes which is upwards of $874.00. Also in his lifetime, Eli was appointed by this court, guardian and trustee for Francis M. Carsey, a person of unsound mind. Carsey was at times a violent man requiring constant restraint and had to be admitted to the insane asylum. The whole of the estate of Carsey has been expended for his benefit and maintenance. The intestate died seized of a tract of land of 160-180 acres of which about 70-75 acres has been cleared; the rest in timber. She is asking the court to allow her to sell timber to pay her debts, thereby insuring the land will remain to provide her home and for the benefit of the children. Should the court refuse, she asks for permission to sell the land, less her dower. She would also like to pass the accounts of Carsey to the Court who is now the true and proper guardian and the intestate allowed proper compensation for his guardianship. Filed by lawyers Ewing, etc.
Elizabeth Walters appeared in court and swore to the above, 22 Sep 1866

Answer of defendants by their guardian. They believe all the facts in the bill are truly stated and they approve the plan of their mother for paying the indebtedness of the estate for their best interest - but they are infants and rely on the courts.
Signed by D. B. Cliffe. 1 Oct 1866.

6 Dec 1866. Came before the court the complaint. Court is satisfied Eli A. Walters died intestate leaving the named heirs. But the court is not advised of what personal property the Adminstratrix has in her hands, nor what debts are due. The clerk is to precede with all convenient speed to ascertain the facts and report.

13 Dec 1866. It appears that the assets in the hands of the administratrix are insufficient for the payment of debts due and owing. The clerk is to ascertain exactly what is in the hands of the administratrix and what debts are owing and inquire whether it will be in the best interest of the minor heirs to sell the timber rather than a portion of the lands.

Depositions taken 13 Dec 1866
R. B. Caruthers: He doesn't know the exact amounts but is sure the assets of the estate will not cover the indebtedness which is likely about $1000. He is of the opinion that it would be in the best interest of the minor heirs to sell the timber, rather than the land.
W. B. Caruthers: He concurs with R. B. Caruthers, excepts he thinks the indebtedness is likely $1500.
14 Dec 1866
Samuel S. House: He knows that the admx of Eli Waters had discharged debts of about $780. He is of the opinion it would be of great benefit to sell a portion of the timber rather than the land. There should be sufficient timber left to continue support.

Report Filed Dec 1866. The subscriber, Clerk and Master reports. From the Inventory as filed, the sum of $536.15 have come into the hands of the admrx; she has paid out to the debts about the sum of $780. He has taken depositions of R. B. & W. B. Carothers and finds therefore that it is necessary to sell some of the timber to pay off the balance of the indebtedness between $1200 and $1500. A portion of the timber should be sold rather than a portion of the land. Signed: W. E. Winstead. Dec 14th, 1866

24 Dec 1866. Report is confirmed. The personal assets of the estate of Eli A. Waters, deceased is insufficient to pay the indebtedness in the amount of from $1200 to $1500, and it is in the interest of the heirs to sell a portion of the timber now growing on the lands than to sell a portion of the land. W. B. Carothers is appointed Special Commissioner to superintend the disposition of a portion of said timber in such manner as shall deem most to the interest of the estate and to make report to the next term of court.

Summons for Eli Jr, William Dora, Thomas & Florence Walters and Daniel B. Cliffe, guardian to appear Oct next. Apr 1866.
The separate summons were issued to each of the above, Jan. 1867, as well as to Elizabeth Walters, Admx.

April Term 1871 Case is still Elizabeth Walters vs. Eli Walters Jr et al. It is ordered by the court that this cause be consolidated with the cause of James M. Carsey vs. Francis M. Carsey and the two causes be heard together. Statements of both to be made at the next term of court.
My note: Apparently James M Carsey was attempting to make claims against his brother whose guardian had been Eli A. Walters. Not enough is in the file to determine exactly what was going on.

Summons for Elizabeth Waters, 5 Jun 1871 - also to Eli A. Waters, and to Daniel B. Cliffe, Guardian of William, Dora, Thomas & Florence [all must still be underage].

Depositions, 22 Jun 1871
W. R. Haynes was asked what it would be worth to board or keep a horse by the month or year, say from Jan 1857 to Jan 1859. He stated he was engaged in the Livery Stable business and at that time fees were $10 per month or $100 a year. A man in the country could probably keep a horse for half that amount since he would have pastures and be free from the town taxes. Then he was asked if the horse was kept ready for use, wouldn't it cost more? He replied perhaps $80 a year in that case.
Randal M. Ewing. Eli A. Waters had placed in his hand certain evidence regarding the activity of his Guardianship of Francis Carsey to make settlement with the Court but he died before Settlement was made. He handed over the vouchers to Mrs. Waters some years later. In the meantime a suit was instituted by the Tennessee Asylum against Mrs. Waters as Admistratrix of Eli Waters and against W. B. Caruthers as Administor of Lewis Caruthers for board & clothing furnished Francis M. Carsey by the Asylum authority. In that cause the vouchers for expense were filed but later withdrawn and I can no longer find them. I furnished young Mr. Waters a complete memorandum which I believe to be correct.
J. E. Waters. Asked to examine the memorandum mentioned. He swore to several of the items but some he could not recollect. Signed: J. E. Walters.
The Memoradum is enclosed and dates of some of the expenses are as early as 1852 and continue through 1866.
Thomas P. Carsey was asked if he knew anything of the horse owned by F. M. Carsey - in whose possession was the horse and what became of him. He stated the horse was in possession of Mr. Eli A. Waters. He knew the horse because he had him for awhile himself. The horse died in possession of Waters, but he didn't remember at what time.

It seems eventually Mary did have to sell the land. I find no "J. S. Walters, although J. E. was apprently the eldest son James Ely - perhaps he bought the land himself. The deed records of Williamson Co by reveal more.
In the file is a receipt.
Received of Thomas F. Perkins Jr. Clerk of Court, $1,027.58, balance in full of the purchase money for land purchased by J. S. Walters in the Case of Mary E. Walters, Adm vs. J. E. Walters et al in said court and paid to me as Admix of Eli A. Walters, dec'd by order of said Court in said Cause. This the 4th day of April 1875.
Signed: Mary E. Walters, Admx.
Witnessed by the Deputy Clerk, 9 Apr 1875.

Eli A. WALTERS and Mary Elizabeth CARSEY were married circa 1848. Mary Elizabeth CARSEY, daughter of Thomas P. CARSEY and Sarah [CARSEY], was born on 19 May 1818 in Tennessee. She died on 3 March 1899 at the age of 80 in Williamson County, Tennessee.

1870 Census. Dist 8, Williamson, TN Hh 25
Mary Waters, age 52. Real Estate value $6,000. Pers Prop. $100
James, 21. William 16. Dora 14. Thomas 11. Florence 10.
Alice, age 20 [James's wife]

1880 census, Dist 8, Williamson, TN, Hh 95
Jas E. Walters and wife Allice were both 30. Sons James age 8, Daughter Nannie age 6, Son "Blunt" age 4, and Morris age 6 months.
Living next door in Hh 96 was his mother, Mary E. Walters age 62. Wm. V., 27, Thomas 21, and Florence 18. That accounts for all of Eli & Mary's children except of Isadora "Dora" born about 1855, who had married.

Eli A. WALTERS and Mary Elizabeth CARSEY had the following children:

+359

i.

James Eli WALTERS.

360

ii.

William WALTERS was born in 1853 in Williamson County, Tennessee.

361

iii.

Isadora WALTERS was born in 1855 in Williamson County, Tennessee.

Dora Walters married James Mahon, 2 Dec 1875, Williamson Co TN.

362

iv.

Thomas WALTERS was born in 1858 in Williamson County, Tennessee.

363

v.

Florence WALTERS was born circa 1861 in Williamson County, Tennessee.