REASEARCH NOTES 1981-1989 BOATRIGHT FAMILY PRIMARY DOCUMENTS COMPILIED BY NORMAN HURD RICKER, JR.
D-21 BOATRIGHT Joshua Wade Revolutionary War Record Application for Pension of Anna Wade W-6388 State of Virginia Bedford County to wit On this 29th day of June 1842, before me Saml P. Mitchell a Justice of the peace in and for said county, personally appears Mr. Pleasant Creasy as respectable resident of said county, who being first duly sworn ac-cording to law doth on his oath say - That he is 76 years old in March next, that he was acquainted with Joshua Wade who married Anna Boatright in 1786, ever since he deponent can recollect anything at all - That he has a perfect recollection of his Wades going into service during the Revolutionary with the Bedford Militia in the Fall of 1781 - and marched down to Yorktown in Va to hem in, and capture Lord Cornwallis - his 3 brothers were with him - and was gone two months from home on said tour of service to Yorktown - they must have left home about the first of September 1781 - and returned in Novr 1781. He dep. - he thinks it was at Guilford in N.C. deponents brother Wm Creasy being in company with said Wade, during said tour to the South. Deponent has frequently heard his brother Wm. Creasy say that Joshua Wade above named - was in the service with him to the south in the militia: and that he heard his brother tell of several little brushes, that Wade and himself was in with the British - while in service on said occasion. Deponent also is under the impression that said Wade enlisted as a regular soldier, in the early part of the Revoy War - and went to the North - thinks it was probably under Lambert - as he Wade told deponent. The said Wade was married to Anna Boatright in or about the year 1786 -- and was killed by sliding on the ice in the year 1798. His Witness Pleasant X Creasy Pleasant Creasy Jr Mark Subscribed on the day and year above written - Before me Saml P. Mitchell JP in March next, underlined before signed - Saml P. Mitchell JP _________________________________ D-22 BOATRIGHT State of Georgia : SS : Franklin County : On this 19th day of July 1842 before me Robert A.R. Neal one of the Judges of the Inferior Court in & for said County, Personally appeared Mrs. Anna Wade & resident of said county aged seventy eight years, who being first duly sworn according to law, doth on her oath make the following Declaration in order to obtain the benefit of the Act of Congress passed July 7, 1838, entitled "An Act granting half pay and pensions to certain widows" That she is the widow of Joshua Wade, Decd of the County of Bedford, and State of Virginia, who was a private soldier in the Revolutionary War, both in the regular and Militia service -- that in the early part of the Revolutionary War her husband the said Joshua Wade Enlisted and served two years or more as a private in the regular infantry service as a substitute (as she is disposed to think) in the place of his brother Isaac Wade who enlisted under Captain George Lambert of the fourteenth Virginia Regiment who was cashiered (Note: means paid off and terminated) and his men put under another Captain, and by reference to whose roll & to the Certificate of James E. Heath of Virginia the regular service of her husband Joshua Wade may be appertained (he may have entered in his own place) Her husband also served three militia tours after he served in the regular service, one of which was to the South in North and South Carolina as far south as the Cheraw Hills in the fall or winter of 1780 & 1781 serving (four?) months on this occasion he was also at the Battle of Guilford in North Carolina in March 1781 and York town in the State of Virginia in Oct 1781 when Cornwallis was taken, serving two months or more on each of these last tours. All of which services she relates upon information recd from her said husband Joshua Wade and others And she further declares that she was married to the said Joshua Wade on the Second day of November 1786 in the County of Bedford in the State of Virginia by the Revd James Mitchell That her husband the aforesaid Joshua Wade died on or about the 17th day of February 1800 from an injury recd from sliding on the ice. That a few years after his death say in Novr 1802 or 3 declarant removed to the State of Georgia and settled in Elbert County, and has since moved to Franklin County State of Georgia where she now resides -- And she further declares that she has remained a widow ever since the death of her husband as aforesaid to the present time. That her maiden name was Boatright That she was not married to her said husband Joshua Wade decd previous to his leaving the service of the United States but that the marriage took place prior to the first day of January 1794. (viz) at the time above mentioned as will more fully appear by the proof annexed to which she respectfully refers, both for proof of her marriage and of the services of her husband decd -- Sworn to & subscribed before me: her this 19th day of July 1842 : Anna X Wade R.A.B. Neal JIC : Mark __________________________________ D-23 BOATRIGHT State of Georgia : SS Franklin County : I Robert A.R. Neal one of the Judges of the Inferior Court of said county, do hereby that Mrs. Anna Wade who hath this day sworn to and subscribed the foregoing Declaration before me, is by reputation the widow of Joshua Wade decd of the County of Bedford & State of Virginia (as I understand) from where declarent removed to the county of Elbert & thence to the County of Franklin State of Georgia, where she has remained a widow ever since, she has been in said County and State, she is a lady of excellent moral character & her statements are entitled to credit, & I do further certify that she is too infirm from bodily affliction to attend court -- given under my hand this 19th day of July 1842 R.A.R. Neal JIC -------------------------------- From: Revolutionary File Joshua Wade, W-6388 State of Georgia :SS Franklin County : Be it known that before me Robert A.R. Neal one of the Justices of the Inferior court of said County, personally appeared John B. Wade and Polly Wade respectable residents of said County who being duly sworn according to law doth on their oaths say that they were well acquainted with Joshua Wade now decd and Anna Wade his widow in Bedford County State of Virginia before the time and at the death of the said Joshua Wade who was killed by an injury recd by sliding upon the ice, and a few years after the death of the said Joshua Wade the said Anna Wade his widow moved with her father William Boatright & family to the State of Georgia and settled in Elbert County, she has since removed to Franklin County State of Georgia where she now resides, they have been well acquainted with her ever since the death of the said Joshua Wade and know that she has not been since married. They further state that the said Anna Wade is the same person that is represented to have been married by the Revd Mr. Mitchell to the said Joshua Wade, and the same Anna Wade spoken of by several other witnesses residing in the State of Virginia whose affidavits will accompany the Declaration of the said Anna Wade, in her application for a pension Sworn to & subscribed before me this 19th John B. Wade day of July 1842 R.A.R. Neal, JIC her Polly X Wade mark ---------------------------- D-24 BOATRIGHT State of Georgia : Franklin County : At regular term of the Inferior Court house in Carnesville on Monday the 25th day of July 1842, the Declaration of Mrs. Anna Wade of said County being recd in open Court in order to obtain a pension, together with the Certificate of the Court of the County of Bedford and State of Virginia and Marriage Bond and Certificate of Marriage by the Revd James Mitchell, and the affidavits of John Hudnal, James Echolls, Mary B. Ryan, David Gibbs, Mason Robinson, Garnett Lee, persons of Bedford County Va and Robert Stevens & John Prebble of Campbell County VA and the certificates of Samuel P. Mitchell, William Terrye, David W. Quaill, Thomas R. Clayton, Wm Lafinish Frederick (Spence?), Sterling C. Anderson Magistrates and the Certificates of James E. Heath Auditor of Virginia & William A. Clement Clerk, And the court having examined the same, and being satisfied that the parties and evidence are genuine and not fraudulent, do hereby ratify and Confirm the Same And the Court doth order it to be certified to the War Department that Mrs. Anna Wade appearing and is represented to be the widow of Joshua Wade of the County of Bedford County Virginia, who was by reputation a Soldier in the Revolutionary War, and also was married to his present widow Anna Wade in the year 1786 and died in 1798.99 or 1800 leaving his present widow Anna Wade now of said County of Franklin, who has remained unmarried ever since she came to said County & State of Georgia which was about the year 1802 And the Court doth order it to be further certified John B. Wade & Polly Wade are respectable residents of the County of Franklin State of Georgia and that their statements are entitled to credit, and that Robert A.R. neal is & was at the time one of the Judges of this Court, duly commissioned according to law and the signatures purporting to be his are genuine In testimony whereof I Thomas King Clerk of said Court do hereby set my hand and affixed the Seal of said Court this day of July 1842 Tho King, CIC ----------------------------- D-25 BOATRIGHT DECLARATION In order to obtain the benefits of the Act of Congress of the 3rd March 1843 - granting pensions for one year to certain widows who have received pensions under the Act of July 7th 1838 - State of Georgia : SS Franklin County : On this 7th day of July 1843 personally appeared before the subscriber a Justice of the peace in and for said County, Anna Wade a resident of Captain Oban District in the said County of Franklin aged Seventy Nine years who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefits of the provisions of the made by the Act of Congress passed on the 3rd day of March 1843 granting pensions to widows of persons who served during the Revolutionary War - That she is the widow of Joshua Wade who was a private (as she believes) in the 14th Virginia Regiment. That she has received a pension of Forty dollars per annum for five years under the Act of Congress passed July 7th 1838 - She further declares that she is still a widow - Sworn to & subscribed before me: her the day & year above written : Anna X Wade : mark Wm Buroughs JP : I do hereby certify that the above named Anna Wade who has sworn to & subscribed the above Declaration before me, is personally known to me & is of good character - In testimony whereof I have hereunto set my hand this day of July 1843 Wm Burroughs JP ------------------------- D-26 BOATRIGHT Monroe Walton County Ga July 16th 1845 Dear Sir Enclosed I hand you the two Certificates of Mrs. Anna Wade widow of Jushua Wade for correction. There appears to have been a mistake in issuing the Certificate as to the date of Joshua Wade's death he died 17 Feby 1800 stated 1780. Mrs. Anna Wade informs me that she was married to Joshua Wade in Bedford Co Va on the 2nd day of November 1786 and that her said husband Joshua Wade died on the 17th day of February 1800 in Bedford Co Va that she removed to Georgia Franklin County in the 1803 or 1804 That she made application and obtained a pension (for the Revolutionary Services of her deceased husband under the act of 7 July 1838 entitled an Act granting half pay & pensions to Certain widows) (in Franklin County State of Georgia) at the rate of $40- per annum That she recently made application for an Increase of Pension Claiming that her said husband as she has always understood and believed served three years in the Va Continental line and 10 months in the Va Militia and that she was informed that proof of her said husbands services as aforesaid was made and filed in the Pension office She therefore made her Declaration claiming that arrears of $80 - the full pay for a private in accordance with the (law?) and meaning of the act of Congress of the 7 July 1838 and 3rd March 1843 - she - that she has received Certificates under the Act of 7 July 1838 & 3rd March 1843 - allowing her the arrears of $60 - per annum which she now returns for correction of the date of her said husbands - death. These facts having been proved and filed I suppose no Declaration on oath will be required from the widow I am Sir very Respectfully Your Obedient Servant John H. Kilgore J.L. Edwards - Esq. Washington DC Written at side, difficult to read, seems to say: AB - please inform me if satisfactory proof is not on file that Joshua Wade served 3 years 10 months if not can the suffering be supplied from the Va Rolls - if full pay is the widows right - she stands in right of it. JHK D-27 BOATRIGHT A letter formerly in the possession of Dr. Sophia Boatwright Brunson To the Family of the late James Boatwright City Clerk's Office Columbia May 13th 1857 To: B.T. Boatwright, Esq. Dr. Jno. H. Boatwright, and Others of the family of the late James Boatwright At a Special meeting of the "City Council of Columbia" held this day, the following "Preamble & Resolutions" were unanimously adopted, and I was instructed to furnish you with a copy of the same: Permit me then, in the discharge of that sad duty, to express to you - each & all - my heartfelt sympathy in your sad bereavement, and to assure you, that the Memory & Virtues of that good & honest man - Kind & indulgent father - true & faithful friend - & honorable, upright & cherished Citizen - (whose transition from time to eternity, you, more especially, are called upon to mourn) are honored & will be remembered & cherished by all of us, who - while he was living - knew him but to love him - The Preamble & Resolutions are as follows - "Whereas the Mayor & Aldermen of the 'City of Columbia' have heard of the death of Mr. James Boatwright the Oldest citizen of the Municipality, venerated for the numerous and distinguished virtues which adorned a long life of usefulness, goodness & integrity, and loved by the whole body of the community in which he had displayed, for nearly three quarters of a century, exalted excellence of character nowhere surpassed, Be it therefore - 'Resolved' As a mark of Public respect - for the deceased, and an expression of public sympathy for the loss of one so deservedly cherished in the public heart - That the City Bell be tolled at intervals of thirty seconds, for half an hour before the hour of the funeral and during the time the funeral cortege shall be moving to the place of interment. "Resolved" That, as a further mark of respect for this good & virtuous Citizen, that the Mayor & Aldermen, attended by their Officers in badges of mourning, in a body, attend the funeral obeisance and join in the funeral procession. "Resolved" That a copy of these proceedings be furnished to the family of the deceased - And that they be published in the City papers. -- From the Minutes -- D. B. Miller City Clerk D-28 STINSON Pgs 401-404, Wills 1819-1836, Wilkes Co GA, Will of Phoebe Stinson, Dated 10-18-1831, Recorded September 8, 1836. GA Archives 44/32 GEORGIA : : WILKES COUNTY : In the name of God Amen, I Phoebe Stinson, : of the County and State aforesaid, being of sound disposing mind & memory, do make and ordain the following Instrument of writing my last will and Testament in the manner and form following that is to say First I lend to my daughter Sarah Birnns a Negro girl named Selona during her natural life, and after her death I give said Negro to the heirs of her body. Second I give to my grand children, the children of my son Dudly Stinson, dec'd, that he had by his wife Susan, a Negro girl by the name of Betsey and a Negro boy named Harry, to them and their heirs forever --- Thirdly I give to my daughter Patsey, wife of Robt Kilgore, one hundred dollars and tenth part of all my bed clothes --- Fourth I give to my daughter Susan Stinson, a Negro girl by the name of Amy and her future increase, to her during her natural life and after her death to the heirs of her body, and also one bed and furniture. Fifth I give to my daughter Jane Groces, wife of Ellison Groce, a Negro boy named Frank during her natural life and at the death of my said daughter Jane the said Negro boy Frank I give to the heirs of my said daughters body, and the said Negro boy shall in nowise be subject to any debts that her husband Ellison Groce may now owe, or any that he may hereafter contract or owe, but shall be for the sole use of my said daughter during her life and afterwards to the heirs of her own body. Sixth I lend to my daughter Polly Jones, wife of Edward Jones, a Negro woman named Sarah and her child named Emily, during her natural life and at the death of my said daughter Polly, the said Negro woman & child, and their future increase if any, I give to the heirs of my said daughters body, and the said Negroes and their increase shall in no wise be subject to any debts that her husband, Edward Jones, may be now owing or any that he may hereafter contract for or owe, but shall be for the sole use of my said daughter during her natural life and afterwards to the heirs of her own body. Seventh I give to my daughter Phoebe Stinson a Negro woman by the name of Hannah and her future increase and a boy named Cyrus to her and her heirs forever. Eighth All the rest of my residue of my property of any kind and description that I own and possess after the payment of all my just D-29 STINSON debts I wish to be equally divided among all my children except Patsey Kellgore, and it is my will that Susan Stinson, wife of Dudly Stinson, dec'd, should have an equal share with my other children of all the residue of my property mentioned in this Eighth Item during her natural life and at her death to go to the children of my said son Dudly Stinson, dec'd, and Elizabeth Anthony, wife of Mark Anthony, Nancy Boatwright, wife of James Boatwright and Berthona(?) Reeves, wife of Thomas Reeves their respective shares of the residue of my Estate as mentioned in this the Eighth Item. My will and desire is to loan the same to them during their lives and at their respective deaths I give the same to the heirs of their bodies. My will further is that Negro woman Molly shall choose whom she may prefer to be her owner, of my said children, and said owner pay into the Estate what she may be considered to be worth some reference, and my desire and intention hereby is that Mark Anthony, James Boatwright and Thomas Reeves, the husbands of my said daughters shall have no power or control over the parts that my respective daughters may be entitled to out of the residue of my Estate nor shall it be subject to their disposition but shall be the separate and distinct rights and property of my said daughters, and at their respective deaths to be the property of the heirs of their bodies. It is my will and intention that the part drawn out of the residue of my Estate by Susan Stinson, wife of Dudly Stinson, be the part which should belong to the children of said Dudly, dec'd, but loan it to said Susan during her natural. It is further my will that the Negroes not specially willed be allotted of and drawn for not sold. Ninth I hereby constitute and appoint my Trustee, friends Nicholas G. Barksdale, Thomas Douglass and William I. Anderson, the Executors of this my Last Will & Testament, hereby ratifying and confirming every act of theirs touching the same and declaring this only to be my last will and Testament. In Testimony whereof I have hereto set my hand and seal this Eighth day of October Eighteen Hundred and Thirty One. Signed, Seal and Published : and declared before us by the: Her Testatrix and in her presence: Phoebe X Stinson (Seal) at her request in witness the: Mark same the date above written : : William I. Anderson : Recorded September 8th 1836 ------------------------------- D-30 BOATRIGHT LAST WILL AND TESTAMENT OF JAMES BOATRIGHT January 10, 1814 Will Book 5, Page 86 CUMBERLAND COUNTY : In the name of God Amen. Knowing that it is VIRGINIA : appointed for all men once to die, I James Boatright of Cumberland County and State of Virginia being in my right mind and of disposing memory, do make this my last Will and Testament (viz): 1st. I give to my son Leonard Boatright my island on James River known by the name of Daniels Iland (or Dansils Ilana?) as also my Punch Creek tract of land by him paying in two years after my death two hundred dollars to my estate, to him and his heirs forever. 2dly. I give to my son John Boatright my tract of land in the County of Fluvanna, which I purchased of Matthew Wills, containing one hundred and twenty four acres be the same more or less, by him paying fifty dollars in two years to my estate after my death, to him and his heirs forever. 3rdly. I give to my son Chestly Boatright my tract of land on which I live of one hundred and nineteen acres be the same more or less as also my still and still vessels privisor that the said Chestly Boatright lets my daughter Drucilla Boatright remain in the mansion house on said plantation with him after my death and boarding free until she marrys, to him and his heirs forever. 4thly. I give to each of my children as they may need that have not received heretofore one bed and furniture. 5thly. I give to my son Drury Boatright ten dollars in addition to what I have deeded him Proviso he obliges himself to give free liberty or use of the spring called Drummons. 6thly. I give the balance of all my estate not heretofore mentioned, or willed, to be equally divided among my sons Samuel Boatright, James Boatright, Benj'n Boatright, Daniel Boatright and William Boatright and my daughters Ann Steger, Judith Martin, Drucilla Boatright, Patsy Boatright and Polly Boatright, giving to my son Samuel Boatright my Negro Tarlton at Valuation, giving to my son James Boatright my Negro D-31 BOATRIGHT George at valuation, giving to my daughter Ann Steger my Negro Sally at valuation, giving to my son William Boatright my Negro Nelson at valuation, giving to my daughter Judith Martin my Negro Julia at valuation and giving to my daughter Drucilla Boatright my Negro Cloe at valuation, each of them paying the overplus should there be any, at the division, and lastly I do hereby constitute and appoint my sons Benjamin, Samuel, Leonard and Chestly Boatright Executors of this my last will and testament hereby revoking all others or former wills or testaments by me heretofore made. In witness whereof I have hereunto set my hand and affixed my seal this 10th day of January in the year One Thousand Eight Hundred And Fourteen 1814. Signed, sealed, published and declared His James X Boatright Mark As and for the last Will and Testament of the above named James Boatright in presence of us. D. Shield Wm. Montague Abraham Daniel Cumberland August Court 1815 This last Will and Testament of James Boatright deceased, was exhibited in Court and proved by D. Shields, William Montague and Abraham Daniel, the witnesses thereto, and ordered to be recorded, and on the motion of Samuel Boatright, one of the Executors therein named who made oath according to law, certificate is granted him for obtaining a probate thereof in due form on giving security, whereupon he with David Shields, Abraham Daniel and John Martin, his securities, entered into bond according to law and liberty is reserved to the other Executors to join in probate when they may think proper. Test: John W. Cormack, Jr., D.C. D-32 BOATRIGHT ESTATE RECORDS OF BENJAMIN BOATRIGHT (SON OF JAMES) July 17, 1816 Powhatan County Will Book 5, Page 105 Benjamin died 6-13-1816 intestate. William Blackburn, Uncle of Elizabeth Blackburn, Widow of Benjamin, and George Mosely accompanied her to Powhatan County Court where she was appointed Administratrix. POWHATAN COUNTY : Know all men by these presents, that we Eliza- : VIRGINIA : beth Boatwright, George Moseley, and Wm. Blackburn, are held and firmly bound unto Thomas Miller, John H. Steger, Jesse Hughes, and Littleberry H. Mosby, Gentlemen, Justices of the County of Powhatan, now sitting, in the just and full sum of Five Thousand Dollars: to the payment whereof, well and truly to be made to the said Justices, or their successors, we bind ourselves, and each of us, our, and each of our heirs, executors, and Administrators, jointly and severally, firmly by these presents: Sealed with our seals and dated this 17th day of July 1816, in the 41st year of the Commonwealth. The condition of the above obligation is such, that if the said Elizabeth Boatwright, Administratrix of the goods, chattels, and credits of Benjamin Boatwright, deceased, do make a true and perfect inventory of all and singularly the goods, chattels, and credits of the said de-ceased, which have; or shall come to the hands, the possession or know-ledge of her, the said Administratrix, or into the hands or possession of any other person or persons for her, and the same so made do exhibit into the said County Court of Powhatan, when she shall be thereto required by the said Court; and such goods, chattels, and credits do well and truly administer according to law; and further do make a just and true account of her actings and doings therein, rest of the said goods, chattels, and credits, which shall be found remaining upon the account of the said Administratrix, the same being first examined and allowed by the Justices of the said Court, for the time being, shall deliver and pay unto such persons respectively, as are entitled to the same by law; D-33 BOATRIGHT and if it shall hereafter appear, that any last will and testament was made by the deceased, and the same be proved in Court, and the executor obtain a certificate of Probate thereof, and the said Elizabeth Boatwright do in such case, being required, render and deliver up her Letters of Administration, then the above obligation to be void, else to remain in full force. Signed, sealed and acknowledged : : in presence of Powhatan County : Elizabeth Boatwright (Seal) : Court and ordered to be recorded: George Moseley (Seal) : : His : Wm. X Blackburn (Seal) : Mark ---------------------- Page 122, Will Book 5, Powhatan County VA: Benjamin Boatwright's Appraisement: An Inventory and appraisement of the estate of a personal kind belonging to Benjamin Boatwright, decd lately of Powhatan County VA, to wit: 1 Negro man Nelson $500.00 (Willed by James to William) 1 D_______Len 500.00 (probably Darkie) 1 Negro Woman Grace 300.00 1 Negro Child Archer 200.00 1 D______ Daniel 150.00 1 D______ George 100.00 (Willed by James to Benjamin) Follows itemized household, livery and farming goods. -------------------------- D-34 BOATRIGHT Page 124, Will Book 5, Powhatan County VA: In obedience to an order of the worshipful the Court of Powhatan County, we, the undersigned, being first sworn, having viewed and appraised the personal estate of Benjamin Boatwright decd and find it to consist of the articles above specifyed, and of the value above stated. Given under our hands this 16th day of August in the year 1816. Peter Dupery John Maxey Jun (Jr) Joseph B. Davis At a Court of monthly sessions holden for the County of Powhatan on the 21st day of August 1816. This appraisement of the personal estate of Benjamin Boatwright deceased was presented in Court and was by the Court ordered to be recorded. Wm S. Dance, C. -------------------------- Without prior approval of the Court, Elizabeth moved the family and Estate Property of Benjamin to Kentucky; leaving her Uncle William Blackburn responsible under bond to the Court for administration of the Estate, and without the ability to perform. William Blackburn took legal action to protect his bond. To the Honorable Judge of the Garrard (County KY) Circuit Court in Chancery sitting, the orator, William Blackburn, complaining, showeth unto your honor that Benjamin Boatright, late of Powhatan County Virginia, departed this life intestate on the day of June, 1816 in said County of Powhatan, and on the 17th day of July 1816, Elizabeth Boatright, his widow, who is made defendant hereto, qualified as his Administratrix in the County Court of said County and then and there entered into an Administration Bond with George Mosely and your orator, as her securities in the penalty of 5,000 dollars a copy of which bond for greater certainty is here exhibited marked Exhibit A. The personal estate constituting appoints and then have aforesaid addition was appraised to 2,674.60 dollars as will appear by reference to a certified copy of said appraisement here exhibited and marked B. Decedent at his death left the following children, the following heirs to wit: Martha, James, William, Eliza, Allen, RhodeAnne, Lucy, and Benjamin Boatright. The last five of whom are infants. About three years ago, said Administrator, with the said children, who are also made defendants, removed D-35 BOATRIGHT to Garrard County, in Kentucky, without having returned any Inventory of said estate, or have made any settlement thereof with the County Court of Powhatan, that he knows of, and bringing with her all or most of the said estate, or its proceeds, she made no allotment for distribution of said estate among said children, but is managing and disposing of the same, as if it were her own. Your orator is apprehensive that said estate may be wasted or illegally and improvidently managed to his eventual injury as security as aforesaid. By removal to Kentucky said Elizabeth has become unexcessible by the County Court of Powhatan. In this perdicament your orator does not only endanger of ultimate liability and loss as security but is removeless except in your Court of Chancery. In tender consideration whereof and as he is remidiless at law, he prays interposition of your Honor he prays that defendant may be compelled to answer this bill. He prays that you will restrain by interposition from sellers or otherwise, putting out of her hands said property or any part thereof until this bill be heard and disposed of, he prays that on the final hearing your Honor will make said injunction perpetual or take said estate out of the possession of said Administrator unless you will indemnify your orator aforesaid any liability as security as aforesaid, that you will compel said heirs to make distribution among them-selves of the said estate liable to such distribution or waive any claim hereafter on your orator as security as aforesaid. And that you will grant such other and faithful relief as may be just and proper. William Blackburn G. Robertson, as Council D-36 BOATRIGHT LAST WILL AND TESTAMENT OF DANIEL BOATRIGHT Dated 4-21-1797, Bk 3, Pg 114/115. VIRGINIA : IN THE NAME OF GOD AMEN. I Daniel Boatright of : CUMBERLAND COUNTY : Cumberland County, being in a low state of health but in perfect mind & memory do make and ordain this my last Will & Testament, hereby revoking all former wills to this day. My Will & desire is that after my debts & funeral expenses are paid the following distribution of my Estate real & personal, to wit: Item I lend to my wife Jane Boatright all my estate that I now have in possession real & personal, during her natural life except as much of my stock as will furnish three beds for the use of my daughters that are now single. Item I give unto my daughter Nancy Boatright a Negro girl Biddy which she has in possession, to her and her heirs forever. Item I give unto my daughter Jane Smith fifty pounds, twenty five pounds of which she has in possession, & the balance at the division of the estate, also the bed & furniture whereon we lay, to her, her heirs or assigns forever. Item I give unto my son John Boatright sixty pounds that I lent him, now in his possession, also forty acres of land that I leased to Gabriel Peasly after the said lease expires, with the income thereof to him, his heirs or assigns forever. Item I give unto my daughter Sally Boatright one Negro man named Simon & one bed & furniture to her & the heirs of her body forever, but if she should die without a child, I then give it to be equally divided between all my children to them & their heirs forever. Item I give unto my son James Boatright the land whereon I now live, to him his heirs or assigns forever. Item I give unto my son Valentine Boatright one hundred pounds, which money is raised by the sale of a piece of land in Buckingham County, to his use, to him & his heirs forever. Item I give unto my daughter Elizabeth Martin one Negro girl Patty, which she has in possession, to her & her heirs forever. Item I give unto my daughter Esther Martin one Negro girl Aggy, which she has in possession, to her & her heirs forever. Item I give unto my daughter Milley Boatright to take possession at any time one Negro girl Lucy, one bed & one cow & calf, to her, her heirs or assigns forever. D-37 BOATRIGHT Item I give unto my daughter Drucilla Meadow one Negro girl Dilsa which she has in possession, to her & her heirs forever. Item I give unto my daughter Rhoda Boatright one Negro woman Ony & her increase, to take possession when ever her mother thinks proper, also one bed & one cow & calf, to her & her assigns forever. Item I give to my daughter Locky Boatright one Negro girl Dicey & her increase, to take possession whenever her mother thinks proper, also one bed, one cow & calf & one side saddle, to her, her heirs or assigns forever. Item I lend unto my three sons, John Boatright, James Boatright & Valentine Boatright, my Negro man Sam in the manner following, to wit, each of them shall hold a share in him during their natural lives & no longer, he is to be well used, & is not to be sold nor hired out, but shall labour a twelve months at a time in rotation according to their ages, & when one of them shall decease, this claim to him shall cease & the other two hold him in like manner, & at the decease of the whole of them, the N. Sam shall become free & independent. Balance of my estate personal, after the death of my wife, I leave to be equally divided between all my daughters or their representatives, them or their heirs forever. I nominate & appoint John Boatright, Valentine Boatright & John Martin Executors of this my last Will & Testament. In witness whereof I have hereunto set my hand & affixed my seal this twenty first day of April 179 seven. Page 115 Signed Sealed & delivered : in presence of : Frederick Jones : Daniel Boatright (Seal) James (X) Boatright, Jr. : John Stratton, Jr. : Examined at Court held for Cumberland County the 26th day of March 1798. This last Will and Testament of Daniel Boatright, deceased, was exhibited in Court and proved by the witnesses thereto and ordered to be recorded. Teste Js Woodsman, D.C. NOTE: Immediately following on page 115 is the last Will & testament of Obadiah Hendrick of the Parish of Littleton in the County of Cumberland. Hendrick family members were significantly associated with Theophilus Scarborough in Bulloch Co GA; Rachel Hendrick witnessed in the settlement of the estate of Thomas Boatright, Dec'd, and William Boatright 8-15-1776 in Edgefield SC; Frederick Moss, Sr's dau Margaret m Russell Hendrick. D-38 BOATRIGHT Application for Pension of John Boatwright Born 1764, Amhurst County, Virginia National Archives M805-0101, S. 5290 Declaration in order to obtain the benefit of the Act of Congress passed June 7th 1832. STATE OF VIRGINIA, COUNTY OF PRINCE EDWARD CO: On this fifteenth day of April 1833, personally appeared in open Court before the Justices of the Peace of said County, now sitting, John Boatwright, a resident of said County and State aforesaid, aged sixty nine years, who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of an Act of Congress passed June 7th 1832. That he entered the service of the United States in the Virginia Militia as a private soldier some time in the winter of 1781, the particular date not recalled and served under the command of Capt Creed Haskins from Cumberland County, where he then resided. He marched from Cumberland County to Suffolk, thence to the Long Bridge, near Butsmouth, and in that neighborhood had several skirmishes with the British, thence to Gen Gregorys Station where the troops remained a few days and returned to Gen Muhlenbergs Station near Suffolk, from thence he marched up James River and was discharged at Chuckaluck mills, having served a tour of three months, , the field officers in command during this tour were Col Posey, Dalman or Dourman and Parker. In a short time during the same year he was again called into the service as a private or soldier in the Virginia Militia in the same service and from the same County of Cumberland, under the Command of Capt William Merideth, marched to the _____ of Manchester, where they ____ and joined Bacon Station in Chesterfield County in said State and served a tour of two months where he was discharged in said State. After this last tour in the same year he was again called into the service as a private or soldier in the Virginia Militia in the United States service, from the same County of Cumberland in the said State and marched under Capt Seymore Scott to York and was there at the seige and engaged in that transaction, and served during this tour two months and was discharged near York in said State of Virginia. He the said declarant further states that he was born in the county of Amhurst in Virginia as he believes in the year 1764, he has a ____ age in too popepion(?) in his bible. He lived at the time he was called into service, in the County of Cumberland in Virginia, and has since the year 1797 lived in the County of Prince Edward, where he still lives, he was called into service each time and was drafted in his own place. The names of the officers regulars he believes who were in command over the troops with whom he served in the first tour were Cols Posey, Dolman or Downman and Parker, Genl Muchlenburg and Gregory, in his second Baron Struben, in his third Gen Lawson Marquis Lafayette & Washington, he has no written D-39 BOATRIGHT discharge of his service, they were, he believes, verbal by the Captain who was in Command over him in each tour after his term of service had expired. He names as persons who are acquainted with him in his present neighborhood and who can testify as to his character for veracity and their belief of his services as a soldier of the revolution, John Treggco, Nathaniel Pesciek, Edward Booker, Charles Fare, Joseph Todd, Joseph Bonford, Charles Balkison, William Nenuble, Samuel C Anderson and the Rev Wm Johnson. (All names questionable) He hereby relinquishes every claim whatever of a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State. Sworn to and subscribed the day and year aforesaid. John Boatwright ----------------------------