Slave Name Roll Project: Bill of Sale for Tom

Following my three part series on the slaves of my 5th grand-father James Sims I’ve made a commitment to write a post on a monthly basis until I’ve RELEASED all of the names of slaves owned by my ancestors. During October, Family History Month, I’m working through a large chancery file pulling as much information out of it as possible and posting weekly in hopes of helping the descendants of the slaves mentioned.

I RELEASED Delph, Ben, Sukey, Tom, Jacob, Peggy, Aime, and their children Sandy, Britton, Reuben, Betsey, Pleasant, Benjamin, Cynthia, Calvin, Sarah, Susan, Adeline, John, William, Mary, Alice, Jacob, Ellender, Giles, Edward, Serena, Lucy, Margaret, Sam, an [unnamed] infant, Martha, Charles,  and Green (or Gwen). This is a continuation of information found on these slaves including the Bills of Sale found for the original 7 slaves, Delph, Ben, Sukey, Tom, Jacob, Peggy, and Aime.

Bill of Sale for Tom

The Bill of Sale for Tom, a slave sold by Mary Smith and her son Gideon to Samuel Saunders, was found in the Chancery Records Administrator of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022.

These are screenshots of the Bill of Sale labelled as exhibit “DD” by Samuel Saunders the respondent in the case.

billofsaleback
Cover of Bill of Sale for Tom (Exhibit DD) found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 52 of 127) : accessed 12 October 2015

Mary Smith
        &
Gideon Smith
Bill
Sale
Negro Boy
Tom
“DD”

billofsaletom
Bill of Sale for Tom (Exhibit DD) found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 51 of 127) : accessed 12 October 2015

Know All Men by these Presents that We Mary Smith
and Gideon Smith of the County of Franklin for and in
the consideration of the Sum of Two hundred Dollars to us
in hand paid by Saml Saunders of the County afersaid at
and before the Sealing and Delivery of these Presents
the Recpt [receipt] whereof We do hereby Acknowledge have Bargained
Sold Granted and Confirm and by these Presents Do Bargain
Sell Grant and Confirm to the said Saml Saunders one Negroe
Boy Slave named Tom to have & to Hold the Said
Negroe Boy to the only the only Proper use and Behoof of
the Said Saml Saunders his Executors Administrators and
Assigns for ever and We the Said Mary Smith & Gideon
Smith for my our Selves our Heirs Executors and Administrators
the Said Negroe Boy to the Said Saml Saunders his Executors
Administrators and Assigns against us the Said Mary
Smith & Gideon Smith our Executors Administrators and
Assigns and against all and Every Other Person and
Persons whatsoever Shall and Will Warrant and
for ever Defend by these Presents in Witness whereof
We have hereunto Set our hands and affixed our
Seals this 22 Day of March 1813
Sealed and Delivered and Possession                 Mary Smith (signature & seal)
Delivered in the Presents of us.                          Gideon Smith (signature & seal)

Signatures:
Braxton James
Joshua Knowles

[Transcribed 19 October 2015 from the images found in the chancery records.]

Note: Gideon Smith was the son of Mary (Hairston) Smith.

Posts related to the Mary Smith vs Samuel Saunders Chancery Records:

Slave Name Roll Project: RELEASING Will, Cintha, Delph, Cate, Darkis, Roas, Alesey, Chloe, Charlote, Feby, Jude, Peggy, Rick, Cuffey, Thomas, Sal, Easter, Jude, Lucy and Anthony

Slave Name Roll Project: RELEASING Delph, Ben, Sukey, Tom, Jacob, Peggy, Aime and the children

Slave Name Roll Project: Bill of Sale for Delph, Benjamin, and Sukey

Slave Name Roll Project: Bill of Sale for Tom

Slave Name Roll Project: Bills of Sale and Memorandum of Agreement for Jacob

Slave Name Roll Project: Bills of Sale for Peggy and Aime

Slave Name Roll Project: A Conclusion Concerning Delph’s Relationship in the Family
True's statement© 2015 Cathy Meder-Dempsey

Slave Name Roll Project: Bill of Sale for Delph, Benjamin, and Sukey

Following my three part series on the slaves of my 5th grand-father James Sims I’ve made a commitment to write a post on a monthly basis until I’ve RELEASED all of the names of slaves owned by my ancestors.

Last week I RELEASED Delph, Ben, Sukey, Tom, Jacob, Peggy, Aime, and their children Sandy, Britton, Reuben, Betsey, Pleasant, Benjamin, Cynthia, Calvin, Sarah, Susan, Adeline, John, William, Mary, Alice, Jacob, Ellender, Giles, Edward, Serena, Lucy, Margaret, Sam, an [unnamed] infant, Martha, Charles,  and Green (or Gwen).

This is a continuation of information found on the above group of slaves. I am sharing the Bills of Sale found for the original 7 slaves, Delph, Ben, Sukey, Tom, Jacob, Peggy, and Aime.

Bill of Sale for Delph, Benjamine (aka Ben), and Sukey

The Bill of Sale for the slave woman named Delph given to Mary Smith by her father Robert Hairston and two of her children Benjamine, also seen as Ben, and Sukey was found in the Chancery Records in a batch of 127 images.

These are screenshots of the Bill of Sale found.

billofsaledelphback
Cover of Bill of Sale for Delph, Benjamin, and Sukey found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 58 of 127) : accessed 11 October 2015

Bill of Sale: Mary Smith to Saunders, 3 negroes. Labeled “CC” by the respondent Samuel Saunders.

Recd [received] this 20th March 1817 of Saml Saunders infull of the within Negroes named in the within Bill Sale.
her X mark Mary Smith
Teste Richard Beckett

billofsaledelph
Bill of Sale for Delph, Benjamin, and Sukey found in Chancery Records for Admr of Mary Smith vs Samuel Saunders, Franklin County, Virginia, index number 1851-022; online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 57 of 127) : accessed 11 October 2015

Know All Men By these Presents that I Mary
Smith & G. Smith
[inserted] of the County of Franklin for and in the
consideration of the Sum of Seven hundred Dollars
to us
[me crossed out] in hand paid by Saml Saunders of the
County afersaid at and Before the Sealing and
Delivery of these Presents the Receipt whereof
We do hereby Acknowledge have Bargained Sold
Granted and Confirmed and by these Presents Do
Bargain Sell Grant and Confirm to the said
Saml Saunders a Certain female Negroe Slave
named Delph and her Two Children named
Benjamine & Sukey. To Have and to hold the
Said Negroes and their future Increase to
the only Proper use and Behoof of the Said
Saml Saunders his Executors Administrators and Assigns
for ever and I the Said Mary Smith for my self my
Executors and Administrators the Said Negroes with their
future Increase to the Said Saml Saunders his Executors
Administrators and Assigns against me the Said
Mary Smith & Gideon Smith
[inserted] our [written over my] Executors Administrators and Assigns
and against all and Every Other Person and
Persons whatsoever Shall and Will Warrant
and for ever Defend by these Presents in
Witness whereof We have hereunto Set our
[my crossed out] hand
and affixed our
[my crossed out] Seals this 10 Day of March
in the year 1813
Sealed and Delivered and                  Mary Smith
(signature & seal)
Possession Delivered in the               Gideon Smith
(signature & seal)
Presents of us.
Signatures:
Braxton James
Waddy Thompson

[Transcribed 11 October 2015 from the image found in the chancery records.]

Note: Gideon Smith was the son of Mary (Hairston) Smith.

Posts related to the Mary Smith vs Samuel Saunders Chancery Records:

Slave Name Roll Project: RELEASING Will, Cintha, Delph, Cate, Darkis, Roas, Alesey, Chloe, Charlote, Feby, Jude, Peggy, Rick, Cuffey, Thomas, Sal, Easter, Jude, Lucy and Anthony

Slave Name Roll Project: RELEASING Delph, Ben, Sukey, Tom, Jacob, Peggy, Aime and the children

Slave Name Roll Project: Bill of Sale for Delph, Benjamin, and Sukey

Slave Name Roll Project: Bill of Sale for Tom

Slave Name Roll Project: Bills of Sale and Memorandum of Agreement for Jacob

Slave Name Roll Project: Bills of Sale for Peggy and Aime

Slave Name Roll Project: A Conclusion Concerning Delph’s Relationship in the Family

True's statement© 2015 Cathy Meder-Dempsey

Slave Name Roll Project: RELEASING Delph, Ben, Sukey, Tom, Jacob, Peggy, Aime and the children

Following my three part series on the slaves of my 5th grand-father James Sims I’ve made a commitment to write a post on a monthly basis until I’ve RELEASED all of the names of slaves owned by my ancestors. Today I’m RELEASING Delph, Ben, Sukey, Tom, Jacob, Peggy, Aime, and their children Sandy, Britton, Reuben, Betsey, Pleasant, Benjamin, Cynthia, Calvin, Sarah, Susan, Adeline, John, William, Mary, Alice, Jacob, Ellender, Giles, Edward, Serena, Lucy, Margaret, Sam, an [unnamed] infant, Martha, Charles,  and Green (or Gwen).

While searching the Chancery Records of Virginia for records naming my ancestors I found this very large bundle with a bill of complaint by Joseph Peters, Admr of Mary Smith vs Samuel Saunders. Joseph Peters was the brother of my 3rd great-grandfather Jordan N. Peters and the son-in-law of Gideon Smith who in turn was the son of Mary (Hairston) Smith.

I only scratched the surface of this case with the transcription of the Last Will and Testament of Mary (Hairston) Smith’s father Robert Hairston who died in 1791 in Franklin County, Virginia in my last post. The slave woman named Delph given to Mary in the will had two children and they in turn had more offspring. The Chancery Records I found have 127 images which include Bills of Sale, many passages with names and ages, and this paragraph which includes the names and ages of the originally purchased slaves as well as their increase.

This is an abstract from the answer of Samuel Saunders to the bill of complaint exhibited against him by Joseph Peters, Administrator of Mary Smith deceased in the Circuit Superior Court of Law and Chancery for the County of Franklin.

saundersslaves
Abstract from the respondent Samuel Saunders, dated the 9th day of November 1849, online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 12 of 127)

Delph decd about 7 years ago at an advanced age without having any more children after she came into respondents possession, Sukey decd about 10 years ago leaving an only child a boy now about 22 years of age, so that the negroes purchased originally and now in respondent’s possession are Jacob about 50, Ben about 48, Tom about 40, Peggy about 51 and Aime about 39 – and of the increase of the women them are in respondent’s possession, Sandy about 22 a son of Sukey, Britton about 33, Reuben about 32, Betsey about 30, Pleasant about 28, Benjamin about 26, Cynthia about 23, Calvin about 20, Sarah about 18, Susan about 16, Adeline about 14, John about 12, William about 10, Mary about 8, Alice about 5, and Jacob about 2, children of Peggy, Ellender about 12, Giles about 10, Edward about 8, Serena about 6, Lucy about 4, Margaret about 2, and Sam 1, children of Betsy a daughter of Peggy, – an [unnamed] infant child of Cynthia a daughter of Peggy, – Martha about 24 and Charles about 21 children of Aime, – and Green(? Gwen) about 2 a child of Martha a daughter of Aime, – the said Martha had another child which died about a year ago aged 2 or 3 years. Those are all of the said negroes whether them originally purchased or their increase, which are now or ever have been in the possession of respondent.

[Transcribed 5 October 2015 from the image of the chancery records.]

From the information given by the respondent Samuel Saunders (images 7 through 14) in his answer concerning his purchase ca. 34 years previously of the seven slaves I was able to draw up this mind map:

mindmap
A first attempt to use Scapple for mind-mapping.

I plan to transcribe and share abstracts of the Bills of Sale for the 7 slaves and follow-up with information found in the depositions given by witnesses.

Posts related to the Mary Smith vs Samuel Saunders Chancery Records:

Slave Name Roll Project: RELEASING Will, Cintha, Delph, Cate, Darkis, Roas, Alesey, Chloe, Charlote, Feby, Jude, Peggy, Rick, Cuffey, Thomas, Sal, Easter, Jude, Lucy and Anthony

Slave Name Roll Project: RELEASING Delph, Ben, Sukey, Tom, Jacob, Peggy, Aime and the children

Slave Name Roll Project: Bill of Sale for Delph, Benjamin, and Sukey

Slave Name Roll Project: Bill of Sale for Tom

Slave Name Roll Project: Bills of Sale and Memorandum of Agreement for Jacob

Slave Name Roll Project: Bills of Sale for Peggy and Aime

Slave Name Roll Project: A Conclusion Concerning Delph’s Relationship in the Family

True's statement© 2015 Cathy Meder-Dempsey

Slave Name Roll Project: RELEASING Will, Cintha, Delph, Cate, Darkis, Roas, Alesey, Chloe, Charlote, Feby, Jude, Peggy, Rick, Cuffey, Thomas, Sal, Easter, Jude, Lucy and Anthony

Following my three part series on the slaves of my 5th grand-father James Sims I’ve made a commitment to write a post on a monthly basis until I’ve RELEASED all of the names of slaves owned by my ancestors. Today I’m RELEASING Will, Cintha, Delph, Cate, Darkis, Roas (Rose), Alesey, Chloe, Charlote, Feby, Jude, Peggy, Rick, Cuffey, Thomas, Sal, Easter, Jude, Lucy and Anthony.

While searching the Chancery Records of Virginia for records naming my ancestors I found this very large bundle initiated by Joseph Peters, Admr of Mary Smith vs Samuel Saunders. Joseph Peters was the brother of my 3rd great-grandfather Jordan N. Peters and the son-in-law of Gideon Smith who in turn was the son of Mary (Hairston) Smith.

I have only scratched the surface of this case with this transcription of the Last Will and Testament of Mary (Hairston) Smith’s father Robert Hairston who died in 1791 in Franklin County, Virginia. The slave named Delph given to Mary in the will had two children and they in turn had more offspring. During October I hope to go through the 127 images which include Bills of Sale, many passages with names and ages, and one long paragraph which includes the names and ages of the originally purchased slaves as well as their increase.

067_1851_022_0043.pdf p. 001
Last Will & Testament of Robert Hairston found in Virginia Chancery Records File Number 1851-022 Admr of Mary Smith vs Samuel Saunders, online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 43 of 127)
067_1851_022_0044.pdf p. 001
Last Will & Testament of Robert Hairston found in Virginia Chancery Records File Number 1851-022 Admr of Mary Smith vs Samuel Saunders, online http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=067-1851-022 (image 44 of 127)

In the name of God, Amen. I Robert Hairston being sick
of body but of perfect mind and memory, do make and ordain
this my last Will & Testament, in manner and form following:
First I recommend my Soul to God who first give it me
and my body to be buried at the discretion of my Executors
and touching my worldly goods which it has been please
God to bless me with. I give and bequeath in manner and
form following – Item. I give and bequeath to my loving
son George Hairston five shillings Starling, unto him and
his heirs forever. – Item. I give and bequeath unto my
loving son Peter Hairston, one negro boy Will, to have
after his mother’s death, to him and his heirs forever.
Item. I give unto my beloved son Samuel Hairston five
shillings Starling, to him and his heirs forever.
Item. I give and bequeath unto my beloved daughter
Elizebeth Rowland one negro gairl Cintha, to be first
and kept in the care of George Hairston, to make what
use of it he can for the support of her and her heirs of
her body forever.
Item. I give and bequeath unto my beloved daughter
Mary Smith one negro gairl Delph, also one mare
& coalt, also two head of cattle, one feather Bed and
furniture, unto her and her heirs forever.
Item. I give and bequeath unto my beloved daughter Ruth
Hairston one negro gairl Cate, also one named Darkis,
one dark bay mare & colt, one feather Bed & furniture
also seven head of cattle, one Chest & Trunk, to her and
her heirs forever.- Item. I give and bequeath unto
my beloved daughter Agness Hairston, two negro gairls
Roas and Alesey, also one feather bed & furniture, one mare,
seven hand of cattle, one Desk & Trunk, to her and her heirs
forever. – Item. I give and bequeath unto my beloved grand
daughters Elizabeth Hairston Rowland and Martha, one
negro woman Chloe and child Charlote, also a feather
bed & furniture to be equally divided, with their increase whenever
they both comes of age, to them and their heirs forever.
Item. I give and bequeath unto my belove wife Ruth Hairston
one negro Feby, also Jude, Peggy, Rick and, Cuffey, Thomas, Sal,
Easter, Jude, Lucy and Anthony, likewise the hale of my lands,
stocks of all kinds, household and chitchen furniture, with
all plantation utentials during her life, and after her
decease, to be equally divided between her six daughters,
viz. Martha Hunter, Elizebeth Rowland, Mary Smith, Ruth
Hairston, Jinny Rentfro, Agness Hairston. Item. I leave
my beloved wife Ruth Hairston, Executrix and George Hairston
Executor of this my last will & testament. In witness
whereof I have hereunto set my hand and affixed my
searth this 26th day of May 1790.
                                                Roert Hairston
Witness
Will B. Price
Brett Stovall
Jimmey James

At a court held for Franklin County on Monday the 3d day
of August 1791 – This Will & Testament was presented in court
by George Hairston and Ruth Hairston, Executor and Executrix
therein named and proved by the oaths of William B. Price,
Brett Stovall & Jimmey James witnesses thereto subscribed and
ordered to be recorded. And on the motion of the said Executor
& Executrix, who made oath thereto certificate is granted
them for obtaining probate therof in due form.
                                        Teste.
                                            James Callaway, Clk
                      A copy.
                                 Teste. M. G. Carper, Clk

[Transcribed 30 September 2015 from the images of the chancery records.]

Posts related to the Mary Smith vs Samuel Saunders Chancery Records:

Slave Name Roll Project: RELEASING Will, Cintha, Delph, Cate, Darkis, Roas, Alesey, Chloe, Charlote, Feby, Jude, Peggy, Rick, Cuffey, Thomas, Sal, Easter, Jude, Lucy and Anthony

Slave Name Roll Project: RELEASING Delph, Ben, Sukey, Tom, Jacob, Peggy, Aime and the children

Slave Name Roll Project: Bill of Sale for Delph, Benjamin, and Sukey

Slave Name Roll Project: Bill of Sale for Tom

Slave Name Roll Project: Bills of Sale and Memorandum of Agreement for Jacob

Slave Name Roll Project: Bills of Sale for Peggy and Aime

Slave Name Roll Project: A Conclusion Concerning Delph’s Relationship in the Family

True's statement© 2015 Cathy Meder-Dempsey

Slave Name Roll Project: RELEASING Frank

Following my three part series on the slaves of my 5th grand-father James Sims I’ve made a commitment to write a post on a monthly basis until I’ve RELEASED all of the names of slaves owned by my ancestors. Today I’m RELEASING Frank.

The paternal side of my father’s family lived in Fayette County, (West) Virginia before the Civil War. I checked the Slave Schedules for 1850 and 1860 for Fayette County looking for a familiar or family name. My 3rd great-grand uncle Wilson M. Dempsey turned up on the 1860 schedule with nine slaves between 1-35 however I cannot find any documentation with names of slaves owned by him.

I then went through the other names from 1850 and compared them with the wills, appraisals, and bills of sale found in the West Virginia Will Books, 1756-1971. It took several attempts to find a record mentioning a slave.

Frank, a slave of Henry Montgomery of Fayette County, West Virginia

Henry MONTGOMERY was seen on the 1850 schedule with two slaves, a 20 years old girl and a 2 years old boy.

1850census
1850 U.S. Federal Census > (West) Virginia >Fayette County
1850slave
1850 U.S. Federal Census > (West) Virginia >Fayette County > Slave Schedule

Henry was found in the 1810 (1 slave), 1820, 1830 (2 slaves) census of Kanawha County and the 1840 (1 slaves) and 1850 (2 slaves, as seen above) census of Fayette County.

Henry Montgomery died before September 1852. The appraisement of his estate included “One Negro Boy (Frank)” appraised at $300.

frank
Snippet of page with the name of the Negro Boy Frank.
1852appraisal
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18271-59094-32?cc=1909099&wc=M6DN-5NG:179689901,179689902 : accessed 28 August 2015), Fayette > Will book, v. 001 1832-1866 > image 134 of 292; county courthouses, West Virginia.

Typewritten transcription of the above image and two following can be found here.

Young Frank does not show up on the sale bill of the personal property of Henry Montgomery.

1852bill
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18271-59094-32?cc=1909099&wc=M6DN-5NG:179689901,179689902 : accessed 28 August 2015), Fayette > Will book, v. 001 1832-1866 > image 134 of 292; county courthouses, West Virginia.
1852bill1854
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18271-59191-56?cc=1909099&wc=M6DN-5NG:179689901,179689902 : accessed 28 August 2015), Fayette > Will book, v. 001 1832-1866 > image 135 of 292; county courthouses, West Virginia.

In 1860 Henry’s widow Nancy MONTGOMERY was seen on the 1860 schedule with one 10 years old male slave. Could this be Frank? Although the age is off by 2 years compared to the young male slave seen with Henry in 1850 I believe he is very likely young Frank mentioned in the appraisement.

1860census
1850 U.S. Federal Census > (West) Virginia >Fayette County
1860slave
1850 U.S. Federal Census > (West) Virginia >Fayette County > Slave Schedule

Nancy Montgomery died about June 1866 and her estate was appraised on 31 July 1866 and recorded 10 September 1866.

1866appraisal
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18272-69094-20?cc=1909099&wc=M6DN-1N5:179689901,179717401 : accessed 28 August 2015), Fayette > Will book, v. 002 1861-1885 > image 17 of 255; county courthouses, West Virginia.

As would be expected no slave is listed on the appraisement which took place 3 years after the Emancipation Proclamation of 1 January 1863.

The bill of the sale was found on page 82 and the settlement of Nancy Montgomery’s estate on page 93.

1867billofsale
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18272-68551-44?cc=1909099&wc=M6DN-1N5:179689901,179717401 : accessed 28 August 2015), Fayette > Will book, v. 002 1861-1885 > image 48 of 255; county courthouses, West Virginia.
1868settlement
“West Virginia Will Books, 1756-1971,” database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-18272-68318-37?cc=1909099&wc=M6DN-1N5:179689901,179717401 : accessed 28 August 2015), Fayette > Will book, v. 002 1861-1885 > image 54 of 255; county courthouses, West Virginia.

Without a surname for Frank my attempts to locate him in the census in 1870 were futile.True's statement© 2015 Cathy Meder-Dempsey

Slave Name Roll Project: RELEASING Jack

Following my three part series on the slaves of my 5th grand-father James Sims I’ve made a commitment to write a post on a monthly basis until I’ve RELEASED all of the names of slaves owned by my ancestors. 

I’ve come to a standstill in my search of ancestors who owned slaves. There may be some I have not discovered. To fill in I would like to share slave names I have come across while doing random searches for others.

Every now and then I’ll take some time out of my own research to reply to a query in one of the Facebook genealogy groups I belong to. While checking for information on an ARTHUR family in the Virginia Memory: Chancery Records Index – Library of Virginia I came across this slave name.

It’s Honorable to do… You’re RELEASING their Names and their Souls for their Descendants to hopefully find them one day. Every time this Happens they are Rejoicing. They have been in a book or what have you for so long.
                                                        ~ True A. Lewis

Today I’m RELEASING Jack.

slaveJack
Exrs of William Arthur vs Charles Gwatkins, Bedford County, Virginia, File Number 1791-004 (image 6 of 17) http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=019-1791-004

Franklin County Sct.
This deposition of Thomas Scruggs Showeth, that Jack a Negro fellow lately sold by the Sheriff of Bedford to Satisfy the Commonwealth’s execution against the Estate of Gross Scruggs Deceased, was in the Possion [possession] of the Said Gross Scruggs from Winter 1776 till after the Death of the said Gross Scruggs which was in the Spring 1789, that in the Lifetime of the said Gross Scruggs and not many years before his Death, two or three Seizures of the said Gross Scrugg’s Estate was made by the Sheriff and as many Sales appointed when the said Slave Jack was always brought fourth on Part of the Estate of the said Deceased and Exposed to Sale, that on all such Occasions he was on the Spot and Knows of no Claim was being set up by any One to the said Slave till after the Death of the said Gross Scruggs, that said Slave was about Seven or Eight Years Old (and not big enough to Ride to Mill) when he first came to the Possession of the said Gross Scruggs, that he has heard Elizabeth Scruggs, the widow of the said Gross say that said slave Jack was given to her by her Father; that he never heard anything to the Contrary Said or Surmissed till after the Death of said Gross Scruggs, that he is Persuaded if any claim had been set up to the said slave at any Earlier Period he must in all Probability have Known it, that Gross Scruggs in his Lifetime Uniformly Listed and Paid Tax on said Slave as his Property, that Since the Death of said Gross Scruggs and since William Arthurs Executors has Sued the Sheriff for said Slave, he has heard William Arthur say that his Father Benjamin Arthur never Expected to Recover on said Action, that such Suit was not brought of his own Will but to Please & gratify some of the Children who was dissatisfied and further this deponant sayeth not done at Hailsford Franklin County the 12th day of March 1791. Signed   Thos Scruggs

Franklin County Sct.
The above Deposition sworn to and subscribed in our prasence and in presence of John Hook, at the House of the said John Hook, none of the opposite party present but a certificate produced to us as anexed of due notice being given to Benjamin Arthur. Certifyed by us this 12th day of March 1791.   Signed   Jonathan [illegible]   &   John      [illegible]

Note: William Arthur was the father of Benjamin and Elizabeth and the grandfather of William Arthur who Thomas Scruggs mentions in the above.

On image 9 of the same case two statements were made.

David Irvine claimed, “that Sum time before the war with Grate Britan he was in company with William Arthur Decd at New London, and heard him say that he had never givin nor never sold a Negro to any of his children in his lifetime, the Reson the said Arther gave that he wold not give his Negroes to his children was that he had not Negroes enught to give any one of his Children one and have then anuf to work for him & his wife – in their Auld age.”

Robert Hughes claimed, “that after the Decease of Wm Arthur the said Hughes Being one of the Appraisers of the said Arthurs Estate, Barnabas Arthur the acting Executor of the said Estate Desired that a Negro Boy Named Jack should be appraised with the rest of the Estate and that he the said Jack Belonged to it tho than in the prosion (sic) of Gross Scrugs and absent at the time of appraisment.”

The will of William ARTHUR was not included in packet of chancery records. The will of Gross SCRUGGS does not mention the slave Jack or any slaves for that matter.

© 2015 Cathy Meder-Dempsey

Slave Name Roll Project: RELEASING Willobey and Plimoth

Following my three part series on the slaves of my 5th grand-father James Sims I made a commitment to write a post on a monthly basis until I’ve RELEASED all of the names of slaves owned by my ancestors. Today I’m RELEASING Willobey and Plimoth.

I’m sorry to say I cannot give credit to the person who found the document I am using to release Willobey and Plimoth. While cleaning out my files I found three images of pages from Essex County. At the time I saved them I did not make a note of the source of the document. I believe it may have been attached to a tree on ancestry.com. I found it referenced as: Essex County Deeds and Wills 1711-1714 p. 79. I am sharing this transcript I made from the image as no transcription of the will was found online.

James LANDRUM may have been my 7th great-grandfather. His connection to my 5th great-grandfather of the same name, James LANDRUM, has not been researched or proven by me. Landrum Brick Wall

James LANDRUM born abt. 1671 in Turriff, Aberdeenshire, Scotland, married in Essex  (Old Rappahannoch) County, Virginia, on 10 August 1696 Mary BROWNE, daughter of William and Elizabeth BROWNE. He died after 11 April 1738 when he wrote his will and before 18 December 1739 when his will was presented to court by his widow and the executors mentioned.

In the name of God Amen I James Landrum of
the County of Essex and parish of St. Anne being perfect sound sence and
memory do ordain Constitute and appoint this my last will and Testa=
ment first I bequeave my soul to God who gave it me and my Body to this
Earth to be decently Buryed by my Excutors Impes I give and Bequeave
to my son Saml Landrum that tract of Land Whereon he now lives with
all Impurtenances there unto belonging to him and his Heirs forever
Item I give my son James Landrum that tract of Land where on he now
lives with all appurtenances there unto belonging to him and his heirs
forever Item I Lend this tract of land whereon I now live to Mary my
Loving wife During her Natural life with all my other Estate goods and
Chattles that I now am possest with and after her deceas I give this said Land
to my son Patrick Landrum with all Impurtenances there unto belonging
with my Negrow Man Willobey to him and his Heirs forever Item I give
and bequeave to my Daughter Darcos Landrum my negrow boy Plimoth to
her and her heirs Lawfuly Begotten of her body for ever Item I give Charles
Dhisson Sen. twelve Acres of Land out of James and Saml Landrum tracts
of land to him and his heirs foever Item all the rest of my Estate give to Mary
my Loving wife to Dispose of as She thinks proper Item I also appoint
William Clark and Henry Beazley or Either of them my whole and Sole Ex=
ecutors of this my Last will and Testament In Witness here of I have hereunto
set my hand and fixt my Seal this 11th day of April in the year of our Lord
God one Thousand Seven hundred thirty and Eight
Signed Sealed and published
in presents of us                                             his
William Clark                                     James X Landrum
            his                                                       mark
Henry X Beazley
         mark

Essex County, Virginia [added to the bottom of the image]. The next two images had page numbers 220 and 221 at top which could mean the above was page 219.

Note: Seen as X above, the mark left by Henry Beazley was an H and by James Landrum was an E rotated once clockwise.

© 2015 Cathy Meder-Dempsey

Slave Name Roll Project: RELEASING Cate, Jenney, Tom, Fanney, and Anthony

Following my three part series on the slaves of my 5th grand-father James Sims I’ve made a commitment to write a post on a monthly basis until I’ve RELEASED all of the names of slaves owned by my ancestors. Today I’m RELEASING Cate, Jenney, Tom, Fanney, and Anthony.

True's statementCate‘s name helped to link several documents and played an important role in proving the parentage of seven Sims brothers.

In 1981 Paul H. Arnot compiled 76 pages on the Sims of Hanover and Louisa Counties in Virginia. The initial objectives of Mr. Arnot’s research project was to develop the parents of Edward Sims, who died about 1790 in Warren County, North Carolina, and the parents of his wife Elizabeth. During his research he discovered errors in a 1940 publication by Henry Upson Sims, The Genealogy of the Sims Family of Virginia, the Carolinas and the Gulf States.

The errors Mr. Arnot found in H. U. Sims’ book were developed with logically presented circumstantial evidence however the conclusions made were wrong as he did not have a key legal document which established John, Matthew, Edward and George Sims of Hanover County Virginia,  as sons of William Symes of James City County, Virginia, as well as William, Robert and James Sims.

Cate and the Key Legal Document

Mr. Arnot found an unindexed document as the last item in Louisa County, Virginia, Deed Book A & B, 1742-1759. Later he also found an abstract of the document in the book Louisa County, Virginia Deed Books A & B, 1742-1759 by Rosalie Edith Davis, 1976.

Arnot “abridged” the important court document as follows:

Sims versus Sims, Detinue

Please before the Court of Louisa County on the 24 December, 1745 John Sims, Matthew Sims, Edward Sims and John Sims (the son of George Sims) with their lawyer William Waller brought into the court their bill against James Sims being in the custody of the sheriff a plea of Detinue to wit: John Sims, Matthew Sims, Edward Sims and John Sims (son of George Sims) complains of James Sims a plea that he renders them of four negroes named (viz.) Jenney, Tom, Fanney, and Anthony of the value of two hundred pounds current money and that on the fifth day of December, 1745 that the plaintiffs were possessd of the said negroes out of their hands.

On the 10 Jan., 1746 the said plaintiffs by their attorney and the said James Sims by his attorney Zackery Lewis, and defends the force and injury and that he doth not detain ye slaves and puts himself upon the Country; and the plaintiff did likewise. A jury was authorized, but the formation was delayed until the 20 August, 1746, when the said plaintiffs and their attorney and the defendant and his attorney appeared before the court and a jury was formed to wit: John Moss, Robert Anderson, John Hall, Thomas Kembrow, Thomas Paulet, Alexander Freeman, James Watson, Richard Brooks, Richard Palmer, Richard Yancey, Benjamin Arnold and (Lewis       ), who being duly elected tried sworn the truth to speak upon the issue joined, upon their oaths do say; that William Sims was seized and possessed of an estate consisting in lands and tenements, slaves, and personal estate and being seized and possessed made his last will and testament bearing the date of eighteenth day of December in the year of our Lord MDCCX (1710) and thereby among other things did bequeath to his four eldest sons (viz.) John, Matthew, Edward and George the offspring of his negro girl Cate and their heirs and by a latter clause did give and bequeath the rest of his personal property to his three youngest sons (viz.) William, Robert and James to be equally divided among them three when they come of age and appointed his son William Sims sole executor of the said will in these words In the Name of God Amen, I Wm. Sims of James City County being very sick and weak but of perfect sense and memory . . . (usual will introduction omitted) . . .  I give and bequeath as followeth (viz.) I give and bequeath to my son William and his heirs of his body male or female lawfully begotten my mannor (manor) plantation that I now live upon (viz.) from the White meadows to Domar’s line to Dismun along a deep bottom called Cooks Springs branch down to Wolf’s swamp: up thence to the South line so away Easterly it comes to road to Phillips path. 2ndly I give and bequeath to my son Robert and his heirs of his body male or female lawfully begotten all the land that is within the bounds of the following (viz.) beginning at the White meadows and so running . . . (balance illegible).

William Symes’ will was made on 18 December 1710. John, Matthew, Edward and John (son of George Sims, dec’d) did not institute the law suit against James Sims for the recovery of the four specific slaves until 35 years later. The death of George Sims before 12 June 1740 may have been a factor. Arnot read the court minutes for the year 1746 but the results of the trial were not recorded.

The rest of the will of William Symes was illegible. As only the offspring of Cate were bequeathed to John, Matthew, Edward and George it is possible that Cate was given to William, Robert or James. James mentioned in the plea of detinue is most likely the one who became her owner and had to assume responsibility for the raising of her offspring to a certain age although they were supposedly owned by the four older brothers.

Cate and the 1774 Will of James Sims of York County, Virginia

The disposition of the slave girl Cate and her offspring were covered by the 1774 will of James Sims presented in detail as follows:

York Co., Va., Will Book No. 22, page 243, James Sims’s will. County of York, Virginia and Parish of Bruton – (the opening phrase omitted) – I give and dispose in the following manner: item, I give and bequeath to Francis Booth of the County of James City and Elizabther Pierce daughter of John Pierce  twenty pound each, item, I give to Mickings Green, William Sims son of Bruster Sims and Mary Green the sum of twenty five pounds each. My further desire that my negro woman Cate and all her children shall be left to her free choice to be sold on my plantation to the person she shall choose to be her master or go up country and be sold there and I do earnestly request my executor which I have after named that he will truely and faithfully fulfill this part of my will and I desire further that my lands and the rest of my slaves with all the rest of my estate may be sold to the best advantage and the money arising from the sale after the above mentioned legacies are paid I give and bequeath to my beloved John Hawkins of Hanover County. Lastly, I do consitute my beloved friend John Hawkins my whole and sole executor . . . signed 16 Sept., 1774 by James Sims. Signed and sealed in the presence of William Eaton, Thomas Bates and Henry Brown. Probated 21 Nov., 1774, York County, Va.

James Sims of York County, Virginia, had possession of a slave named Cate and her children. His special compassion for the future of Cate and her children as clearly expressed in his will as well as his plea that his desires for their future be faithfully fulfilled. Arnot believed that this was unusual treatment for Cate who must have been an old woman by 1774.

Source:
Paul H. Arnot, compiler, Notes on the Sims of Hanover-Louisa Counties Virginia, 1981. Mr. Arnot donated a copy of the compilation to the North Carolina State Library in Raleigh to assist Sims researchers.

Genealogy Sketch

Name: James SIMS
Parents: William SYMES
Spouse: Elizabeth [maiden name unknown] PARRISH
Children: Edward (stepson), Jeremiah, John, Robert, Bartlett, George
Relationship to Cathy Meder-Dempsey: 7th great-grandfather

  1. James SIMS
  2. Jeremiah SIMS
  3. James SIMS
  4. Nancy Ann SIMS
  5. Huldah JOHSON
  6. Irvin Lewis INGRAM
  7. Laura Belle INGRAM
  8. Fred Rothwell DEMPSEY
  9. Fred Roosevelt DEMPSEY
  10. Cathy Meder-Dempsey

Note: A 5th great-grandson of Jeremiah SIMS had his Y-DNA tested in 2013 (Kit#314849). Results indicate a close match (possibly brothers) to John SIMS of Culpeper, a son of James SIMS of Hanover-Louisa and York.

© 2015 Cathy Meder-Dempsey

Slave Name Roll Project: RELEASING Judy, Beck, Dick, and Mourning

Following my three part series on the slaves of my 5th grand-father James Sims I’ve made a commitment to write a post on a monthly basis until I’ve RELEASED all of the names of slaves owned by my ancestors. Today I’m RELEASING Judy, Beck, Dick, and Mourning.

In 2014 I wrote about the ancestors in my paternal line from my father to my 4th great-grandparents. None owned slaves – or to be more specific, I have not found documents showing they held slaves. Going back one or two generations further I do find ancestors who left wills with names of slaves. One of these was Edward NIX lastly of Camden District in South Carolina.

I believe that it may be of importance to the slaves’ descendants to know where my ancestor, the slave owner, Edward NIX spent his long life. This is a quick rundown of information Libbie Griffin shared in the article “The Lineage of Frances Nix Doss” in The Doss Connection, Volume 2, No. 1, July 1996. The article was based on information compiled by Wanda Gregory who researched the Nix family for many years.

Edward NIX 1686-1776

Edward NIX was christened on 7 November 1686 in St. Peter’s Parish, New Kent County, Virginia. His father John (seen as James on the christening record) had recently come to Virginia from Barbados. Edward was very likely an only child and his father died about the time of his birth. His mother Elizabeth married Abraham VENABLE Sr. in 1687.

Hanover County was formed in 1721 from part of New Kent County. In 1731, Edward NIX received a patent for 400 acres in Hanover County. In 1734 he was named executor of his father-in-law Thomas Gibson’s will.

In 1745 Edward received a grant for 2977 acres of land in Amelia County. In 1746-1747 Edward was 60 years old and living in Amelia when he sold his land in Hanover. By 1750 numerous deeds can be found in Amelia County showing he transferred ownership of tracts of about 200 acres. Many of these were to his sons and sons-in-law who in the early 1750s moved with their families to Lunenburg County in the area that is now the north east corner of Pittsylvania County. In 1754 Prince Edward County was formed from part of Amelia County. In 1756 Edward NIX began selling his land now in Prince Edward County.

At the age of 70 he was planning to move to South Carolina. He appears in both Prince Edward and South Carolina records until 1762. In 1763 he received a 400 acres grant in South Carolina and lived in the Camden District from 1763 through 1776. He died in 1776 leaving a will.

WILL of Edward NIX

South Carolina, Camden District. In the name of God Amen on this Eighth day of October 1776 I Edward Nix of the Province & Dist aforesaid being sick & weak in body but of perfect mind and memory thanks be to God, therefore calling unto mind the mortality of my body, and knowing that it is appointed for all men once to die, do make & ordain this my last Will and Testament, that is to say principally & first of all. I give and recommend my Soul unto the hands of Almighty God that gave it, and my body I recommend to the Earth to be buried in a decent Christian Manner at the discretion of my Executors, nothing doubting but at the general Resassection (sic, Resurrection) I shall receive the same by the mighty power of God, and as touching such worldly Estate where with it hath pleased God to Blefs (sic, Bless) me in this life I give demise & dispose of the same in the following manner & form.

Item: I give & bequeath to my grandson James Nix son of James Nix one shilling sterling.

Item: I give & bequeath to my son Volintine (sic, Valentine) Nix one Shilling Sterling.

Item: I give & bequeath to my son George Nix one Shilling Sterling.

Item: I give & bequeath to my daughter Sabra Lax (sic, Lox) one Shilling Sterling.

Item: I give & bequeath to my daughter Francis Dafs (sic, Doss), one Shilling Sterling.

Item: I give and bequeath to my grand son Ambrose Nix one hundred & twenty five acres of Land lying on the north side of Santee River in Camden District begining (sic) on a Mark’d Hickory & running down the Sd (sic, Santee) River, for the compliment of one hundred & twenty acres be the same more or lefs (sic, less), it being part of a large tract of Land granted By His Excellency Thomas Boone to Edward Nix.

Item: I give & bequeath to my grand son John Lyon & his heirs, after the death of my beloved wife my Plantation whereon, I now live, on the South side of Sandy River with all the Remaining part of my Land it being part of a larger Tract of Land granted by his Excellency Thomas Bonne Esq., the 18th day of August 1763 to Edward Nix.

Item: I give & bequeath to my grandson Jno (sic, John) Lyon to him and his Heirs the following negroes, Judy, Beck, Dick, and mourning (sic, Mourning) after the decease of my wife during her natural Life, & after his decease, to be equally divided between his two sons Elijah and Elisha.

Item: I give to my grandson Jno Lyon all the remaining part of my Stock of Horses, Hogs, and Black Cattle, House hold Furniture, and plantation Tools after paying my just debts Funeral Expenses, and Legacies.

Item: I likewise constitute make & ordain my loving wife Unice Nix and Jno Lyon Executors of this my Present Last Will and Testament, & I do hereby utterly disallow, revoke, and dis annul, all and every other Former Testament Wills Legacies and bequests, & Executors by me in any ways before mentioned Will’d or bequeathed, rectifying & confirming this & no other to be my Last Will & Testament. In witness whereof I have here unto set my hand & seal the day & year first above written.

Edward Nix His X Mark (LS).

Signed, Sealed, published pronounced & declared by the I Edward Nix as his last Will & Testament in presence of us the subscribers.

Wm. Farr, Richard Crosby, William Crosby

Recorded in Will Book 1774-1779 page 418

Source of transcript of will:
“South Carolina Probate Records, Bound Volumes, 1671-1977,” images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-19387-5488-91?cc=1919417&wc=M6N4-F68:210905601,211749101 : accessed 30 April 2015), Charleston > Wills, 1774-1779, Vol. 017 > image 171 of 424; citing Department of Archives and History, Columbia.

The original will can be found on p. 418 of the Charleston County Will Book 1774-1779 per the will index found here:
“South Carolina Probate Records, Bound Volumes, 1671-1977,” images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-19387-6863-0?cc=1919417&wc=M6N4-F68:210905601,211749101 : accessed 30 April 2015), Charleston > Wills, 1774-1779, Vol. 017 > image 12 of 424; citing Department of Archives and History, Columbia.

The inventory of Edward NIX’s estate may help with the ages of Judy, Beck, Dick, and Mourning:

1 old Negroe Wench & a boy about 9 or 10 year old
1 ditto and a Girl about 7 year old

Judy and Beck may have been the older women and Dick and Mourning the two young children.

inventory
Source: “South Carolina Probate Records, Bound Volumes, 1671-1977,” images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-19424-81785-20?cc=1919417&wc=M6NW-Y3D:210905601,211110101 : accessed 30 April 2015), Charleston > Inventories, 1774-1785, Vol. 098 > image 365 of 425; citing Department of Archives and History, Columbia.

The original inventory is on p. 229 of the Charleston County 1774-1785 A-A Inventories book per the index found on:
“South Carolina Probate Records, Bound Volumes, 1671-1977,” images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-19424-88508-35?cc=1919417&wc=M6NW-Y3D:210905601,211110101 : accessed 30 April 2015), Charleston > Inventories, 1774-1785, Vol. 098 > image 14 of 425; citing Department of Archives and History, Columbia.

John Lyon, the grandson

I have not researched the descendants of Edward NIX. A quick look at the South Carolina Probate Records in Charleston turns up the will of one John LYON who died in 1781 leaving a wife Elizabeth and three children John, Thomas and Margaret. In the will he names one slave, his negro boy Dick. This may be a coincidence and requires further research.

Genealogy Sketch

Name: Edward NIX
Parents: John NIX and his wife Elizabeth
Spouse: Eunice “Nice” GIBSON
Relationship to Cathy Meder-Dempsey:
7th great-grandfather

  1. Edward NIX
  2. Francis NIX
  3. James DOSS Jr.
  4. Levina DOSS
  5. Mary E. “Polly” DOSS
  6. Alexander CLONCH
  7. Rebecca Jane CLONCH
  8. Myrtle Hazel ROOP
  9. Fred Roosevelt DEMPSEY
  10. Cathy Meder-Dempsey

© 2015 Cathy Meder-Dempsey

Slave Name Roll Project: RELEASING Sarah’s Name

True's statementMy 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