Orange County NcArchives Wills.....Boothe, Daniel August 18, 1850
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File contributed for use in USGenWeb Archives by:
Ben Franklin ben.franklin.ffru@gmail.com May 2024

Source: Loose Will, NC Archives CR 073.801, Will Book Volume F, pages 472-473
Written: August 18, 1850
Recorded: Nov 1850
Testator: Daniel Boothe

I Daniel Boothe of the County of Orange & State
of North Carolina, being of Sound mind & memory,
but considering the uncertainty of my Earthly exis-
tence, do make & declare this my last will and
testament in manner & form following that is to say

First. That my Executrix (hereinafter named) shall
provide for my body a decent burial suitable to the
wishes of my relations & friends, & pay all funeral expenses
together with my Just debts, howsoever & to whomsoever
owing, out of the moneys that may first come into her
hands as a part or parcel of my estate.

Item I give & devise to my beloved wife Nancy Boothe the
house & lot where I now reside (which I bought from A Hatch)
to have & to hold during her natural life, also all my
household & Kitchen Furniture of every description, my
horses, Cows, hogs - corn & wheat, in like manner, that is
during her life, & at her death all the that I have willed
to her shall be sold at public sale, & the proceeds, equally
divided between her children Viz William Marcom
Mary Ann Yates (wife of Careless Yates) & Henderson Marcom

Item I Also give & devise to my beloved wife Nancy Boothe
for the term of her natural life, two Negroes, one
named Morrice, the Other named Brinks, at her
death the said boy Morrice shall belong to Mary Ann
Yates (wife of C_ Yates) & at the death of my said wife
the boy Brinks shall belong to Sarah Ann Marcom
(daughter of Henderson Marcom)

Item I give & devise to William Marcom (my wifes
eldest son) a negro man named Craff (or Cafford)[Crawford?]

Item I also give & devise to my Said wife the store house & lot (at
present occupied by Jones Watson & Co) for the term of
her natural life, & at her death, it is my will that said
store house & lot shall be sold to at public Sale & the
proceeds equally divided between James Turner Marcom

[page 2]
(Son of Wm A Marcom) John Marcom (son of Henderson
Marcom) Lemuel Vann & John Vann (sons of Willis
& Emaline Vann (now Emaline Henderson)

Item I give & devise to my Said Wife All the money I may
have on hand at the time of my death, also all notes
and accounts due me at that time

And lastly I do hereby constitute & appoint my beloved
wife Nancy Boothe my lawful executrix to all in-
tents & purposes, to execute this my last will & testament
according to the true intent & meaning of the same
& every part & clause thereof, hereby revoking, & declaring
utterly void all other wills & testaments, by me
heretofore made

In witness whereof I the Said Daniel Booth do hereunto
set my hand & seal this 18th day of August AD 1850
Signed Sealed published & declared
by the said Daniel Booth to be            Daniel Booth seal
his last will & testament, in the
presence of us, who at his request
& in his presence do subscribe our
names as Witnesses thereto
W C  Kelly         } jurat
William Lawrence   }        Executrix qualified

[Will Book Volume F, page 472]
I Daniel Boothe of the County of Orange and State of
North Carolina being of sound mind & memory, but
Considering the uncertainty of my earthly existence, do
make & declare this my last will and testament in
manner & form following that is to say

    First. That my Executrix (hereinafter named) shall
provide for my body a decent burial suitable to the
wishes of my relations & friends, & pay all funeral
expenses together with my Just debts, howsoever & to
whomsoever owing, out of the moneys that may
first come into her hands as a part or parcel of
my estate

    Item I give & devise to my beloved wife Nancy
Boothe the house & lot where I now reside (which
I bought from A. Hatch) to have & to hold during
her natural life, also all my household & Kitchen
furniture of every description, my horses, Cows, hogs
corn & wheat, in like manner, that is during her
life; & at her death all the that I have willed to her shall be
sold at public sale, & the proceeds, equally divided
between her children. Viz: William Marcom. Mary
Ann Yates (wife of Careless Yates) & Henderson Marcom

    Item. I also give & devise to my beloved
wife Nancy Boothe for the Term of her natural
life, two negroes one named Morrise the
other named Brink, at her death the said
boy Morrise shall belong ["shall belong" x-out] to
Mary Ann Yates (wife of C. Yates) and at the
death of my said wife, the boy Brink
shall belong to Sarah Ann Marcom (daughter
of Henderson Marcom)

    Item I give & devise to William Marcom
(my wife's eldest son) a negro man named
Craff (or Cafford)[Crawford?]

    Item I also give & devise to my said wife the
Store house & lot (at present occupied by Jones
Watson & Co) for the Term of her natural
life, and at her death it is my will that

[Will Book Volume F, page 473]
said store house & lot shall be sold to at public
sale & the proceeds equally divided between
James Turner Marcom (Son of Wm A Marcom)
John Marcom (son of Henderson Marcom)
Lemuel Vann & John Vann (sons of Willis
& Emaline Vann) (now Emaline Henderson)

    Item. I give & devise to my said wife
all the money I may have on hand at the
time of my death, also all notes & accounts
due me at that time

    And lastly I do hereby constitute and
appoint my beloved wife Nancy Boothe
my lawful Executrix to all intents & purpo=
ses, to execute this my last will & Testament
according to the true intent & meaning of
the same & every part & clause thereof,
hereby revoking, and declaring utterly void
all other wills & testaments by me heretofore
made

    In witness whereof I the said Daniel
Boothe do hereunto set my hand & seal
this 18th day of August AD 1850

Signed Sealed published & declared }
by the said Daniel Boothe to be his}         Daniel Booth seal
last will & Testament in the       }
presence of us, who at his         }
request & in his presence do       }
subscribe our names as witnesses   }
thereto      W C Kelly             }
             William Lawrence      }

                        Orange County Nov. Term 1850
The execution of the foregoing last will & Testament
of Daniel Boothe decd was duly proved in open Court by the
oath of W. C. Kelly & Wm Lawrence the subscribing witnesses
thereto & ordered to be recorded, at the same time Nancy
Boothe the Executrix therein named appeared in Open
Court & qualified accordingly
                    Test

Additional Comments:
Will Book Volume F, pages 472-473
Recorded Nov 1850

Estate papers comprise six pages and are found in a folder labeled "Boothe, Daniel (1851)".  Inventory of 22 Nov 1952 signed by "Nancy Brown", so perhaps re-married?  A different inventory, dated 25 Feb 1851 lists her name as Nancy Boothe

[Estate Papers - Inventory 22 Nov 1852]

The following are the negroes beloing to the deceased
at the time of this death, viz,
    Crawford, Morris[Marris?], & Brinkley

[Estate Papers - Inventory 25 Feb  1851]

1 Negro man slave[?] named Morris
1  "    Do    D       Do   Crofford } 3 piggins
1  "    Boy   "       "    Brinkley } 1 pail
1  "    Man   "       "    Burrel   } 3 tabs
1  "    Do    "       "    Ellie    } 2 Stands Bees
1  Woman      "       "    Violet   } 1 Judg for 51.91
                                      Bad