Thursday, March 09, 2017

John Booth of Indiana vs. John Booth of Virginia

Circuit Superior Court of Law and Chancery for the County of Loudoun
Case M1892:
John Booth of Indiana vs. John Booth of Loudoun, VA

Before these documents are posted is will be best to give the reader an introduction. The parties involved in this Court case are involved in a lawsuit brought about by John Booth of Jefferson County, Indiana, son of Captain James Booth who was killed by Indians in 1778 in Harrison County, (now) West Virginia. On the opposite end of the lawsuit is his cousin, John Booth Jr. son of John Booth Sr. back in Loudoun County, Virginia. The Court case is concerning the Estate of Robert Booth whose heirs were Captain James Booth and John Booth Sr., sons, and Ann Chambers and Jane Stump, daughters. Capt. Captain James Booth’s heirs that are named in the depositions are John Booth (Indiana), James Booth (Jr.), Bathsheba and husband Alexander McClelland, and Sarah and husband Evan Thomas. The heirs of John Booth Sr. of Loudoun Co. Virginia are James, John Jr., and Frances Booth. The following document is what started the whole lawsuit. Robert Booth left land to his sons, James and John Sr. James left for Harrison Co. VA and sold his land to his brother, John Sr. Somehow not all of it was disposed of, thus this lawsuit. John Booth Jr. of Loudoun County, Virginia went to Indiana to seek our his cousin, John Booth of Jefferson County, Indiana. He obtained a Power of Attorney to dispose of the rest of the property that belonged to Captain James Booth, deceased that was left behind in Loudoun County, Virginia.

12 OCTOBER 1818

Know all men by those Presents that I John Booth of the County of Jefferson and State of Indiana for diverse good causes we there unto moving, have made, ordained, constituted and appointed & by these Presents doth make ordain, constitute, appoint my true & trusty friend John Booth Junior of Loudoun County [VA] for my true and lawfull attorney. In my name and on my behalf to ask, demand and sue for Sale commission or dispose of in any manner or to any person he may deem proper. All or any land lying or being in the County of Loudoun the title to which may have been vested in me by the Last Will and Testament of Robert Booth deceased or in any manner whatever. Hereby notifying & confirming all acts or deeds of my said attorney relative to said lands in the testimony. I have hereunto set my hand and affixed my Seal at Ma did on the, 12th Oct. 1818.
John Booth (Seal)

State of Indiana
Jefferson County
Personally appeared before me the
undersigned a Justice of the Peace for the County aforesaid
John Booth who acknowledged that within Power of Attorney therein
to be his Voluntary act and did for the Purpose therein expressed
Given under my hand Seal this 12th day of October 1818.
John Meek , J. P. (Seal)

Monday, February 13, 2017

Will of Robert Booth of Loudoun Co, Virginia 1760

Connecting my 4th great grandfather,John Booth, back to his father, Captain James Booth, and then to his grandfather, Robert Booth of Loudoun County, Virginia I feel it is necessary to post Robert Booth's Will and all the depositions from a later court case involving his estate. Some of these court depositions can be hard to decipher who is related to who, but in the end it will all fall in place hopefully. So hopefully this will help you to understand the relationships by the end.


In the name of God Amen the one and twentieth Day of September in the Thirtieth second year of the Reign of our Sovereign Lord King George and in the year of our Lord God one thousand seven hundred and fifty nine I Robert Booth of Loudon County in the Colony of Virginia being sick and weak in Body but in perfect mind and memory praise be given to Almighty God for it and Calling to mind the uncertain State of this Transitory Life and being desirous to set things in Order Do make this my Last Will and Testament in form as follows. First I Commend my Soul to God that gave it and my Body to the Earth to be Buried in a decent manner at the Discretion of my Executor hereafter named, I give and Bequeath to my Son John Booth Sixty acres of Land adjoining around the Place he settled during his Life then to fall to the heirs of Thos. Stump and William Chambers and their Heirs forever. Second I give to my Daughter Jane Stump my own Plantation and two hundred Acres of Land to her and her lawful heirs Lawfully Begotten by Thomas Stump and so from heir to heir forever. Third I give and Bequeath to my Daughter Ann Chambers the Plantation where Wm. Maccough now dwells with two hundred Acres of Land to her and her Lawful heirs Lawfully begotten by William Chambers. Fourth I give and Bequeath to James Booth my Son Price’s place with the remainder of my land more or less to him and his Lawful heir forever. One cow I leave to Elizabeth Stump my Granddaughter Daughter of Thomas Stump, one cow I leave to Viallator Chambers Daughter of William Chambers {,} Choice of my Horses I leave to William Chambers {,} second Choice to James Booth{,} all the rest of my goods and Chattles to my Daughter Jane Stump only my hogs excepted to pay Funeral expenses --------
Alexis Jackson and his Wife Henrietta is not to be Disturbed, paying their yearly Rent six Barrels of Corn or forty eight shills currency during their natural Life or Lives of the longest liver of them.
As Witness whereof I have hereunto set my hand and Seal to one Sheet of paper written one side and some of the other side the year and day above written, --------
Robert Booth (SS)
Signed Sealed and Declared in the Presents of us by the said Robert Booth to be his last Will and Testament ----
Wm. [(X) his mark] Maccoy, Henry [(H) his mark] Jackson, Alexis Jackson
At a Court Continued and held for Loudoun County, March the 12th 1760, This Will was proved by the oaths of William Maccoy, Alexis Jackson and Henry Jackson Witnesses thereto and ordered to be Recorded and no Executor being named in the said Will, John Booth heir-at-law to the Decedent was Summoned to take upon himself the Administration of the Estate of the said Decedent and refused so to do, whereon the Action of Thomas Stump who made Oath according to Law Certificate was granted him for in obtaining Letters of Administration on the Estate of the said Decedent with the said Will Annexed in one form giving Security on which he together with William Smith and John Davison his Securities entered into and Acknowledged Bond.