Austin Woolfolk (1796 - 1847)

Born 3 Oct 1796 in Tennessee

Ancestors

Husband of Emily (Sparks) Woolfolk — married 7 Oct 1839 in Baltimore, Frederick Co, Maryland, USA

Descendants

Died 10 Feb 1847 at age 50 in Auburn, Macon Co, Alabama,

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Biography

He was one of the most vicious slave traders, herding slaves to be kept outside in pens in Baltimore. https://en.wikipedia.org/wiki/Austin_Woolfolk

Obituary

The Tennessean of Nashville, issue of March 5, 1847, Page 2 (copied as spelled)

DIED In Auburn, Macon County, Ala., on the 10th inst., Austin Woolfolk, on his way from Baltimore to his home and family in Louisiana, in the fond-hope of reaching them ere death had laid his icy hand upon him, he struggled on from place to place, against tho advice of his friends and the ruthlossinoss of his desease, notwithstanding he was utterly unfit to bear the fatigues of traveling, and the unavoidable exposure to an inclement season. He died about 50 years of age after an illness of two years duration, his constitution, originally a strong" one, gradually giving way, despite of human remedies, to the foil destroyer, consumption. Though far from home and family, his last moments were not soothed and tended by strangers alone.
His Uncle, John Woolfolk, was with him, and brought his remans to be interred in the cemetery of this city. To the people of Auburn, his relatives here, and bereaved family, owe many thanks, for their kindness and attention to him in his last illness.
He left a Father, a Brother and three Sisters in Tennessee, and a wife and five children in Louisiana, to mourn their loss. Columbus Ga.

WILL

From Madison Co, Tenn. Will Book 5

Transcribed by Robert Woolfolk, from the Will Book Dec. 20, 2001

Austin Woolfolk Will Admitted to record at Aug Term 1847, (See Minute Book No. 5 p. 598)

In the name of God, Amen. I Austin Woolfolk of the Parish of Ibberville in the State of Louisiana now on a visit to the city of Baltimore in the State of Maryland do make my last will and testament as follows.

I give devise and bequeath, after the payment of my just debts and funeral expenses and the legacies hereinafter mentioned, all my property of every description in the State of Maryland to my sons Joseph B. Woolfolk and Austin Woolfolk and to my adopted children William Woolfolk and John Woolfolk, their heirs executors administrators and assigns according to the nature of the property whether real or personal, share and share alike as tenants in common, subject to the right of dower therein of my wife Emily Woolfolk, and to the power and authority in regard thereto of my executor John H. B. Latrobe hereinafter named [my said adopted children William Woolfolk and John Woolfolk were baptized by these names respectively, William on the twelfth day of February and John on the thirteenth day of December in the year Eighteen hundred and thirty six by the Reverend Mr. White of the Cathedral Church Baltimore, as will appear by reference to the Register of the Roman Catholic Metropolitan Church of Baltimore].

I give devise and bequeath all my property of every description in the State of Louisiana to my wife Emily Woolfolk and to all my children by my said wife to be held by them in all respects as they would have held the same under the laws of Louisiana had I died in testate in regard to my property in the State: and I hereby expressly declare that the said Joseph B. Woolfolk and Austin Woolfolk are my sons and as such entitled under this clause of my will to their full proportion as such of my said property in Louisiana, notwithstanding the devise and bequest already herein made to them of a part of my said property in Maryland.

It is my will that as soon after my death as can conveniently be done without sacrifice, (Page 65) my executor hereinafter named to act as such in the State of Tennessee shall sell and dispose of all my real and personal property in that State except my Slaves at such times and on such terms as he may think most advantageous for the interest of my estate, and pay over the proceeds of such sale or sales as fast as received by him to the executor hereinafter named to act as such in the State of Louisiana for the benefit of my said wife and children, as though such proceeds had formed a part of my property in Louisiana, and I had died in testate in regard thereto - my said sons Joseph and Austin to have each their full sons portion of such proceeds; and I direct my said executor in Tennessee as soon after my death as he can do so conveniently to send all my slaves in Tennessee to Louisiana there to be delivered to my executors in that state to be held by them for the benefit of my said wife Emily Woolfolk and all my children by the said Emily in the same way, that they would have been held had the said slaves been actually in Louisiana the time of my death. The expense of sending said slaves to Louisiana to be a charge on my said property in Tennessee.

And should it so happen that I should have other property at the time of my death than that in the three states aforesaid it is my will that the same shall be divided equally between all my children by the said Emily Woolfolk and my said adopted children per capita.

And I hereby nominate and appoint John H.B. Latrobe of the City of Baltimore aforesaid the executor of so much of this my last will and testament as relates to my property in the State of Maryland giving to him full power and authority to devise and let for term or terms of years renewable forever so as to create permanent ground rents, all my real estate held in fee simple in the said City of Baltimore at such rents and at such times and in such lots or portions as he may think most advantageous. And I also give to the said Latrobe executor as aforesaid full power and authority to sell all or any portion of leasehold property belonging to me in the said city or to sublet the same at his discretion, giving him power also to sell all property belonging to (Page 66) me not within the limit of the City of Baltimore held by me in fee, or to rent the same from year to year or for term of years at his discretion, and to rent and receive the rents of all my houses.

And I hereby authorize the said John H.B. Latrobe executor as aforesaid to make and deliver all proper conveyances or instruments of writing , executing and acknowledging the same according to law, that my be required in the execution of the authority to demise and sell and rent hereby given to him, and generally to execute all other instruments of writing required in carrying out the provisions of this my last will and testament.

And I hereby authorize and direct my said executor John H. B. Latrobe to collect all rents and increase of my said property in Maryland, and the same together with the proceeds of any sale or sales that he may make to invest in ground rents or upon mortgages of unencumbered fee simple property, as he may see proper after he shall have paid there from the sum or sums required for the education and maintenance of my sons Joseph B. Woolfolk, Austin Woolfolk and my adopted children William and John Woolfolk.

And it is my will and desire that as my said sons and adopted children arrive respectively at the age of twenty one years they shall receive their portions of my said property in Maryland and the increase thereof from my said executor, whose duties as executor will in the manner cease when the youngest of them shall arrive at the age of twenty one years and I hereby appoint the said John H. B. Latrobe the testamentary guardian of the persons and estates of my said sons and adopted children.

And I hereby bequeath to the said John H. B. Latrobe his executors administrators and assigns the sum of two thousand dollars out of my estate in Maryland or out of the rents issues and profits thereof, when so much shall accrue in trust for the sole and separate use of Mrs. Elizabeth Patrick, without the let or control of any husband and subject to her own control and disposal. (Page 67)

And I bequeath to Eliza Patrick the daughter of the said Mrs. Elizabeth Patrick, should she be living at the time of my death, the sum of one thousand dollars; but if she should not be living at that time, I give and bequeath the said sum to the said John H.B. Latrobe his executors administrators and assigns for the sole and separate use of the said Mrs. Elizabeth Patrick as aforesaid- the same to be paid out of my estate or out of the rents and profits thereof when so much shall accrue.

And whereas it is my wish that the education of my said sons and adopted children should be controlled and directed by the said John H.B. Latrobe their guardian, and that until they arrive at the age of twenty one years his control of them should not in any way be troubled or interfered with and whereas it may so happen that the said Mrs. Elizabeth Patrick may interfere as regards my adopted children William and John I hereby direct my said executor the said John H.B. Latrobe to pay to her - in the event of her not interfering (of which my said executor is to be the judge) in the education or control of my said adopted children as herein provided the sum of one thousand dollars as they severally arrive at the age of twenty one years as a token of my grateful sense of her observance of my wishes in this respect.

And I hereby nominate, constitute and appoint Samuel Lancaster of Jackson, Madison County Tennessee, the executor of so much of this my last will and testament, as relates to my property of which I may die possessed, or to which I may be in any way entitled in the State of Tennessee; and I hereby give to my said executor for Tennessee full power and authority to make execute acknowledge and deliver all conveyances or instruments of writing that may be required in the carrying out of the provisions of this my last will and testament.

And I hereby nominate constitute and appoint my wife Emily Woolfolk, my uncle John Woolfolk of Columbus, Georgia, Enoch Knowlbow, and Charles Stack the executrix and executors of this my last will and testament (Page 68) so far as it relates to my property in the State of Louisiana, or which may be transferred to that state under the provisions of this my last will and testament giving to them power to carry on my sugar plantation and for that purpose to raise money by the sale or mortgage of other property in Louisiana belonging to me and to use such monies as may be paid to them by my executor for Tennessee - with power to my said executrix and executors in Louisiana to make execute acknowledge and deliver all conveyances or instruments of writing necessary to carry out the provisions of this my last will and testament. But while I give to my said executors and executrix full authority to carry on said plantation for the benefit of my said wife and children by her, I do not require them to do so- although it is my opinion that in no way can they better promote the interests of my devisees and legatees in Louisiana than by relieving my said sugar plantation from debt and putting it in condition to be worked to the best advantage in the production of sugar.

I hereby give to my executors herein named for Maryland, Tennessee and Louisiana respectively the power and authority to compromise and agree with my wife Emily Woolfolk for her right of dower in my real estate or any part of parts of thereof paying to her such sum or sums of money as may be agreed upon between them as extinguishment thereof upon receiving proper releases- and if need be, my said executors are respectively authorized to sell so much of my real estate as may be necessary to enable them respectively to settle with my said wife for her dower interest.

And finally, I revoke all former wills by me made declaring this to be my last will and testament.

In testimony whereof I have hereinto set my hand and seal this twenty third day of November in the year Eighteen hundred and forty six-done in triplicate at the City of Baltimore aforesaid.

Austin Woolfolk [SEAL] Page 69
Signed sealed published and declared by the above named testator Austin Woolfolk as and fro his last will and testament in presence of us, who at his request and in his presence and in presence of each other have hereto set our hands as witnesses thereto. The word "better" being first interlined on the fifteenth line of the eighth page.
J. Cockey, John Wright, Walter Keyser

Sources

• Madison Co, Tenn. Will Book 5, Page 64