My series of posts for Black History Month on the slaves owned by my 5th
great-grandfather James SIMS 1754-1845 gave Schalene Jennings Dagutis of
Tangled Roots and Trees the wonderful idea of creating a Slave Name Roll Project. I plan to do a similar post with slaves names on a monthly basis until I’ve been able to RELEASE all of the names of slaves owned by my ancestors. Today I am RELEASING Sarah and 19 other slaves.
My 5th great-grandfather Joseph LIVELY (1735-1793) died intestate in Amherst County, Virginia, in 1793. (Note: The area he lived in is now part of Nelson County, Virginia.) Letters of administration were granted his son Mark LIVELY on 22 October 1793 with John HILL and William HILL as bondsmen.
An inventory of the estate of Joseph LIVELY made on 16 December 1793 included a considerable number of livestock, an old negro woman Sarah, a negro woman Betty, and a negro boy George.
I don’t have the original documents or a transcript which would most likely include, if the slaves were sold, the names of the purchasers. Or did they remain with the widow and/or the children? On 19 August 1797 the Joseph LIVELY estate sale was held and a few relatives and many neighbors bought items. Subsequently the estate was settled but no record of final partition was included in the Amherst County probate records.
[Source: Amherst Co. Wills, 3:282, 293, 450]
Moving back in time, Joseph LIVELY paid personal property taxes in Amherst County from 1782 to 1793. Personal property included one slave who was most likely the “old negro woman Sarah” mentioned in the inventory of his estate in 1793. I believe this name and her being an older woman are important. Was Betty her daughter and George her grandson?
Joseph LIVELY was married to Mary L. CASH, a daughter of Robert Howard CASH and Ruth Walker EPPINGTON. Howard CASH left a very detailed will in 1772 in which he named 17 slaves, including “a negro wench named Sarah” who was given to his daughter Mary LIVELY. Was the “wench named Sarah” in 1772 the same person as the “old woman Sarah” in 1793 and was she sold in 1797? If Betty and George were part of her family, did they remain with her?
Below is the abstract of Robert Howard CASH Sr.’s will which includes the slave names: Joseph, Cate, James, Charles, Sall, Dinah, Dick, David, Phil, Dick, Sarah, James, Fillis, Peg, John, Ralph, and Nell. This brings the total to 20 slave names for this post.
WILL OF HOWARD CASH of Amherst County, Virginia [Will Bk 1:228-231].
As abstracted from microfilm by Thelma Faye Cain Prince (website is no longer online)
In the name of God Amen. I, Howard CASH, of the county of Amherst, being sick and weak of body, but of sound and perfect state of mind and memory and knowing that it is appointed for all men once to die, do make and ordain this my last Will and Testament.
First, I lend my wife, Ruth, eight negroes during her natural life, namely, Joseph, Cate, James, Charles, Sall, Dinah, Dick, and David.
Item. I lend to my beloved wife during her life the land and plantation whereon I live, which said land and negroes I lend to my wife during widowhood or natural life.
Item. I give to my son, Joel, one hundred acres land joining the land on which he lives and 2 negroes named [at this point there is a slight error in the transcription, a condensed version found includes the name Phil. It is possible that more than the name is missing, perhaps an entire line] Dick, a boy, I give to my grandson, Howard, the son of Joel CASH, after the death of my son, Joel, to him and his heirs forever.
Item. I give to my daughter, Mary LIVELY, a negro wench named Sarah.
Item. I give to my son, Benjamin, 400 acres land adjacent to land that is at present the property of Capt. Aaron Higginbotham, and the land whereon I now live, also a negro fellow named James, whom I purchased of W. Thomas Mitchell.
Item. I lend to my daughter, Rosanna, a negro wench named Fillis during her life and after her decease to my grandson, Micajah (her and her increase to him and his heirs forever).
Item. I lend to my daughter Ann POWELL, a negro wench named Peg during her life and after her decease to the heirs of her body and if she dies without issue my will is that the said negro her increase may descend to the children of my daughter, Rosanna.
Item. I give to my son, Robert, 240 acres land lying between the land whereon I live and Stephen Cash’s land, moreover, I give to my son, Robert, 400 acres land which I left to my wife, after her decease, a negro boy named John and also a bed and furniture and 2 cows.
Item. I give to my daughter, Mary Ann, a negro boy named Ralph and also a bed and furniture and a cow and a calf.
Item. My will and desire is that my daughter, Elizabeth NUCKLES, may have 30 pounds to be raised out of my estate which I have willed to my wife, to be paid in ten years by an order for 3 pounds a year upon some merchant as soon as it becomes due. I give to my daughter, Ruth, a negro girl named Nell and her increase to her and her heirs for ever and also a bed and furniture and a cow and a calf.
Item. I give to my son, Stephen, 5 shillings and I give to my daughter Sarah MANZE (sic, MAYS), 5 shillings.
Item. My will after the decease of my wife, Ruth, is that two negroes, James and Charles, may descend to my son, Joel, and Joseph and Cate to my son, Benjamin, and two negroes, Sall and Davie, to my son, Robert.
Item. My will is that after the decease of myself and my wife, the increase of Sall if any may be equally divided between my daughters, Mary Ann and Ruth, and if either of said daughters should depart this life unmarried or before they arrive to lawful age, the survivor of them should possess the issue of the negro woman.
Item. The residue of my estate which I have not already devised may go to my beloved wife during her life and after her decease to be equally divided between my three sons, Joel, Benjamin, and Robert.
Item. I do not desire that my estate be appraised and I appoint my beloved wife, executrix, and my sons, Joel, Benjamin, and Robert, executors of this last Will and Testament.
Test: Roderick McCulloch David Crawford s/Howard CASH (seal)
28 Feb. 1772
Sworn to by the oaths of Roderick McCulloch and David Crawford and ordered to be recorded. To executors, Ruth CASH, Joel CASH, Benjamin CASH, and Robert CASH, a certificate granted them for obtaining probate in due form, which they with Richard Powell, Gabriel Penn, their securities, entered into and acknowledged bond of 2000 pounds. s/Edmund Wilcox, Clerk of Court.
6 Oct. 1772. Amherst Co. Va.
ADMINISTRATION OF RUTH CASH [Amherst Co. Va. Order Bk 1782-84:205-206] On the motion of Hendrick Arnold, Adm. of the estate of Ruth CASH, Dec’d is granted him, who with Caleb Higginbotham, his Security entered into and acknowledged their bond in the penalty of One Thousand Pounds, took the Oath required by law and ordered to be recorded.
March Court 1784
Jacob Symth, John Karr, Nathaniel Hill and John Hill (or any 3 of them) they being first sworn are appointed to appraise in current money the slaves and personal estate of Ruth CASH deceased and return an inventory thereof to this court.
Note: The will has been found attached to family trees without credit being given to the person who transcribed it. I believe that Thelma Faye Cain Prince originally did the transcription work and would like to give her credit. Permission to use this abstract was requested 28 March 2015 through Thelma F. Prince’s guestbook on her website Our Southern Ancestors (no longer online as of 25 May 2016). The entry does not show up in the guestbook as of 29 March and is most likely awaiting moderation. I also sent an email to Mrs. Prince at an address used in 2006 on the 29th – it has not bounced.
If you have images or photocopies of this will, I would appreciate hearing from you. I believe a line may be missing in the will abstract as noted in red above. I have not done very much research on my CASH and LIVELY lines as documentation is not easily accessible due to my location.
© 2015 Cathy Meder-Dempsey