Sunday, April 21, 2013

Rebecca Elliotts Will

Rebecca Booth Elliott is not mentioned in the 19 page document that is the divorce of Mariah Booth Winfield Moffatt Booth and Dr. George Washington Booth, but her will and the execution of it is very important in the deciphering of the characters who played a part in this drama.

In the Will of Thomas Booth of Mecklenburg County, Virginia, Thomas mentions his daughter, Rebecca Booth.

Wil l of Thomas Booth 
In the name of God Amen, I Thomas Booth of Mecklenburg County and State ofVirginia being sick and weak in body, but of perfect mind and memory do make and ordain this to be my last will and Testament in manner and form as following-  Imprimis? my desire is that all the perishable part of my estate shall besold by my Executors in discharge of my Just Debts (except whats hereafter divised) 
Item-I give and bequeath unto my loving Daughter, Mary M Winkfield the following Negroes she has now possission, to wit, Hannah, Daniel, Henry,Evelina, Jacob, Junney, also two beds and furniture and one Set of China &Silver Tea Spoons which she has now in her possession to her and her heirsforever. 
Item-I give and bequeath to my beloved daughter Rebecca Booth the following Negroes, to wit, one Negro woman by the name of Milly and Girl the name of Mariah, also one by the name of Clary, and one boy by the name of Joshua,also two boys by the name of Heartwell & Woodlief, also two beds and furniture, one set of China and half Dozen Silver Tea Spoons to her and her heirs forever. 
Item- I give and bequeath to my son, Harper Booth the land & plantation whereon he now lives, also three Negroes, to wit, Jack, Lissie and Tom, one Sorrell mare, four head of Cattle, one bed and furniture which he has now in possession to him and his heirs forever. 
Item-I give and bequeath to my son Thomas Booth three negroes to wit, Joe,Stephen and Betty, one bed and furniture, four head of Cattle, one dark baymare which property he has now is possession except Negro Betty to him and his heirs forever.
  Item  I give and bequeath to my daughter, Judith Booth, six Negroes to wit,Pattey, a woman, also Wilson and Nelson her Children, Edy , Gooding and Billy, two beds and furniture, one Set of China ware, 1/2 dozen Silver teaSpoons to her and her heirs forever. 
Item-  I give and bequeath to my son Reuben Booth three Negroes to wit, Sam,Allen and Nancy black one sorrell horse, also the lands and plantation wheron he now lives to take possession of the land at the death of my beloved wife, Saving and reserving one half of my dwelling House to my threedaughters, Rebecca, Judith and Salley Booth until they shall marry, also one bed and furniture, two Cows &Calves two Sows and pigs, pott & Oven, one set Caininau? Cups & Saucers, one set Knives & forks, one Set Caininau? TableSpoons to him and his heirs forever. 
Item-I give and bequeath to my daughter, Massey? Jones six Negroes to wit,Amy, Cressy, Bob, Jinsey, Emmanuel, Metilda, two beds and furniture, yoke of Steers, one Set China ware, half dozen Silver Tea Spoons which she has now in possession to her and her heirs forever. 
Item-  I give and bequeath unto my daughter Salley Booth six Negroes, towit, Celar, Jane, Ned, Edmund, Peterson, and Amy, two beds and furniture,one Set China ware, half dozen Silver tea Spoons to her and her hiers forever. 
Item-  I lend to my beloved wife the land & plantation whereon I now live during her natural life and all the rest of my estate both real and personal not before devised, and at her death, my desire is that my twogranddaughters, Betsy W Harper and Judith Gilliam Harper shall divideequally with my legatees of all the Negroes and other perishable estateabove lent.  
I do Constitute and appoint my son Reuben Booth and Harper Booth and Charles Cordle my lawfull Executors to this my last will andTestament.  In Witness  whereof I have hereto for set my hand and affixed my seal this twelveth day of April one thousand eight hundred and three.   
Thomas Booth Senr  (LS)Signed, 
  sealed in the presence of Martha Jones Malone Isaac WilliamsThomas C Singleton 
At a court held for Mecklenburg County the 12th day of September 1803 This will was proved by the Oaths of Isaac Williams and Thomas C Singleton,Witnesses thereto and ordered to be recorded and On the motion of Reuben Booth one of the executors therein named who made oath there and together with Joshua Winckfield, Thomas C Singleton and William Darnwright his securities entered into and acknowledged their hand in the penalty of fifty thousand dollars Conditioned as the law directs.  Certificate was granted him for obtaining a probate thereof in due form-liberty being reserved for the other executors therein named to join in the probate when they shall think fit.                            TesteWilliam Baskerville CC  Submitted by Gayle Austin   

Rebecca Booth married William Elliott in Mecklenburg County, Virginia in 1809. Shortly afterwards, the Booth siblings would migrate south, many of them to Alabama.
Rebecca Boothe
Spouse Name:William Elliott
Spouse Gender:Male
Marriage Date:20 Dec 1809

The Elliotts were in Franklin County, Alabama by the mid - 1820's and in Lawrence County, Alabama for the 1830 census. William and Rebecca apparently did not have any children together, as none are mentioned in her will. William may have had some by a prior marriage. There is a James Elliott showing up in records about the same time as William. They may have been brothers.

By 1840, William has passed away and so has Rebecca. I am still waiting on the original will as it was drawn while she was alive. However, the probated copy will work just fine for now.

Beautiful old Planters House like the ones the Booths favored.

The State of Alabama
Lawrence County

County Court in Vacations debate
Term 1837  Present the Honorable James Gallagher  Judge of said Court

This day being the 22 day of February in the year of our Lord  one thousand eight hundred and thirty seven..... an instrument of writing purporting to be the last will and testament of Rebecca Elliott late of said County deceased and It appearing  to the satisfaction of the Court that legal notice has been given to Harper Jones   Judith Jones    and Sarah Noel who are near of kin to said Rebecca Elliott deceased of the application  for the probate of said instrument....( The Name Harper Jones appears to be an error. According to excerpts from the original will, the name mentioned was that of her brother, Harper Booth. Judith Jones was her sister Judith Booth Jones and Sarah Noel was her sister, Sarah Booth Norvel Noel.) to the court shown to be her last will and testament in his presence and at her request and in her presence he this deponent further deposeth that he is well acquainted with the handwriting of  Turner Sanders and Lyle B Fawcett the other subscribing witnesses to said instrument......deponent further desposeth and saith that said Rebecca Elliott at the time of the execution and  attestation of said Instrument of writing was of sound mind and desposing memory..... And thereupon came Francis H. Jones the person named in the said Last Will and Testament of Rebecca Elliott deceased as executor thereof and he having entered into bond with Francis Jones and Rebecca A C Simmons as his securities.....In the name of God Amen, I , Rebecca Elliott of the County of Lawrence and State of Alabama do make this my last Will and Testament in manner and form following to wit:
Item 1st: It is my will that my Exec. pay all my just debts. 
Item 2nd: I give and bequeath unto my nephew William Elliott Jones the sum of five hundred dollars to him and his heirs forever. 
Item 3: In consideration of my affection for him and in further consideration of his services as Exec. to  my estate and as trustee for his sister Rebecca, I give unto my nephew Francis Harwood  Jones the sum of five hundred dollars to him and his heirs forever. 
Item 4: All the rest and residue of my estate of every kind including my land my personal estate and whatever I may be entitled to receive from  Hills estate of Virginia I put into the hands of Francis Harwood Jones (above named) as Trustee for the use and benefit of my niece Rebecca Ann Charlotte Simmons during her natural life and then I give it to be equally divided among all her children, to them & their heirs forever. And I do hereby invest the above , s, d, Trustee Francis H Jones with power to manage the above said Legacy in any way that his own discretion may suggest for the use and benefit of my aforesaid niece Rebecca that is to say he may loan her the land and negroes and suffer them to remain (the word remain is repeated here, I have omitted the second remain) in her possession as long as he may thing the property safe and judiciously managed) and no longer. And in the event of his resuming it, to rent out the land and hire out the  negroes, to humane persons, at private hire, taking bond and good security. the proceeds of which are the be applied to the use and support of my sd niece Rebecca, in whatever way my said Trustee .......and the money which may arise from the perishable part of my estate and whatever cash may be obtained from Hills estate in Virginia in virtue of my title to be loaned out at Interest into safe hands with good and sufficient security......

Item 5: In case Rebecca's children should all die before they become of age or marry in that case I give to my nephew Thomas B Jones & William E Jones five hundred dollars each to be taken ofet (sic) of said Legacy- The residue thereof I bive to be equally divided among the children of Martha Kernachan, Manerva Harris & Maria Susan Booth to them and their heirs forever. Lastly, I constitute and appoint my aforesaid nephew Francis H Jones the Exec.  to this my last will and testament hereby revoking all others. In testimony where of I have hereunto set my hand & seal this 16th February 1832 signed sealed and presence of

 Tm Sanders
John J McMahon
Lyle B Fawcett

Rebecca Elliott (seal)

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