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Pioneered by Researcher Jack Cross First Sullivan CO, TNGenWeb County Coordinator
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Handwritten on the document at later dates: Martin born in Penn about
1755 Will dated 24 Apr 1824. Martin died Oct 1826
1746
TO THE HONORABLE THE CHANCELLOR SITTING IN CHANCERY IN AND FOR THE DISTRICT COMPOSED OF THE COUNTIES OF SULLIVAN, HAWKINS, GRAINGER AND CLAIBOURNE, IN THE STATE OF TENNESSEE,
THE COMPLAINT
Humbly complaining, sheweth unto your honor, your Orators, and Oratrixes, Jonatham Wassom, (one of the executors of the last will and testament of Martin Booker dec'd) and Elizabeth his wife, formerly Elizabeth Booker, Benjamin Booker, (also one of the executors of the last will and testament of Martin Booker dec'd) and Catherine his wife, Martin Booker, Samuel Booker, Michael Booker, Catherine Buckles and Rebecca Buckles infant children of Magdalene Buckles, formerly Magdalene Booker, by Edward Buckles their father and next friend?, Mary Booker, George Hughes and Barbra his wife, formerly Barbra Booker, being a part of the heirs at law of the said Martin Booker dec'd and Catherine Booker his widow, and devisees under the last will and testament of said Martin: That some time in the month of October, in the year 1826, the said Martin Booker departed this life, having first made his last Will and Testament in writing, which since the death of said Martin, has been duly proven in the Court of Pleas and Quarter Sessions for the County of Sullivan aforesaid, a copy of which is hereto annexed, marked as Exhibit #1, and to which your Orators and Oratrixes refer as a part of this Bill of Complaint; by which it appears that the said Martin, now dec'd devised to his Christian, a tract of land situated in the county of Sullivan, containing three hundred and fifty two acres, upon condition of the said Christian paying the sum of five hundred fifty two dollars, in the manner specified in said will. And by said will it also appears that the said Martin devised to his son Peter, a tract of land containing three hundred and sixty two acres, situated in the county of Sullivan aforesaid, on condition that said Peter should pay the sum of five hundred and thirty two dollars in the manner specified in said will. And from said will it also appears that the testator devised to his son Adam, a tract of land, situated in the county of Sullivan aforesaid, on condition of his paying seven hundred fifty two dollars in the manner specified in his will; said tract containing two hundred fifty acres. And from his said will it also appears that said testator devised to his son David a tract of land one acres, on condition that said David would pay the sum of five hundred thirty two dollars, in the manner specified in the Will. And from the Will it also appears that the said Martin devised to his son John, a tract of land situated in the county of Sullivan aforesaid, containing one hundred and fifty seven acres, on condition that said John would pay the sum of five hundred thirty two dollars. Your Orators Jonathan and Benjamin state said sums of money charged on said Will
(missing part). Executors of the Will of the said Martin, to enable said Executors to pay the legacies and bequests specified in the Will. Your Orators and Oratrixes state, that the said Devises, Christian, John, Peter, and David, respectively took possession of the tracts of land devised to them by their father; by which acts your Orators and Oratrixes charge, that the Christian, John, Peter, Adam, and David, became liable and bound to pay the required sums of money with which the Testator had onerated? said tracts of land. Nevertheless the said Christian, John, Peter, and David, although in equity and in good conscience bound to pay said sums of money in the manner specified in said Will, yet they have absolutely? refused? to pay said sums of money, and give out in speeches that they will not pay the same; by reason of which premises? your orators Jonathan and Benjamin are unable to execute the Will of the testator, and your Orators and Oratrixes are kept out of the legacies? and Bequests given to them by said Will. Your Oratrixes and Orators further state, that the said John Hooker hath lately departed this life, and that his widow Polly Booker, and one Thomas White, both of whom reside in Sullivan County, have been duly appointed Administrator and Administratrix of the estate of the said John Booker, and the children are heirs at law of the said John Booker, are, Daniel Booker, Samuel Deck and Rebecca his wife, formely Rebecca Booker, David Kesler (Keisling my correction) and Franky his wife formely Franky Booker, Barbra Booker, Samuel Booker, John Booker, Rli Booker, and Lydia Booker, all of whom reside in Sullivan County. The premises considered, your Orators and Oratrixes pray, that the said Peter Booker, Christian Booker, David Booker, Adam Booker, and the personal representatives and heirs at law, of John Booker dec'd may be made defendants to this Bill, and be compelled on? their Corporal oaths, full true and perfect answers to make to all, and ____________ the ____________ , in a full and perfect manner as if the same were herein again re(presented?), and they thereinto? more particularly interrogated. And that on the final hearing of (the) matter?, that the said Christian, David, Peter, and the personal representatives of John Booker, may be severally decreed to pay the respective sums of money herein before mentioned. With which the tracts of land to them devised, are onorated?; or that in default of such payment, that said tracts of land may be sold to rise said sums of money. And that the Court may direct your Orators Jonathan) and Benjamin, in all things, as to the manner in which the Estate of said testate is to be settled; and that all such other, and further relief in the premises to which they are entitled, may be granted to your Orators and Oratrixes.
In the name of God Amen. I Martin Booker of Sullivan County, in the state of Tennessee. being weak of body, but of sound mind and disposing memory, for which I thank God. And bringing to mind, the uncertainty of human life, and considering and belay? (believe?) desires to dispose of all my worldly substances, as it has pleased God to bless me with I give and bequeath the same in measure? or manner? following: that is to say
First I give and Bequeath to my wife Catherine, one horse beast, during her natural life; the same to be kept out of my estate , and only for her own use, and at her command. I also give her two cows, such as she may make choice of; she is also to have her natural support of any? thing that she may stand in need of; so long as she may live. She is also to stay in the house she now lives in. She is also to have wood brought to her house ready cut for use, whichever of my sons, that may occupy my present home place is bound to fulfill my request. It. is my Will and desire, that my present home place shall not be sold untill after the death of my wife.
(2nd) I give and bequest unto my son Christian and his heirs, after paying five hundred fifty two dollars as in manner following: two hundred thirty eight dollars one year after my decease; one hundred thirty eight dollars to be paid three years after my death; one hundred thirty eight dollars to be paid four years after my death, ie good current money. My plantation below Blountville, in Sullivan County, Tennessee, three hundred and fifty two acres, be the same more or less, adjoining the land of the Widow Craft.
Third I give and bequeath unto my son Martin, and his heirs forever, my plantation 1aying on Sinking Creek, Sullivan County, Tennessee containing one hundred and twenty seven. acres, more or less; being the same whereon my son Martin now. lives.
Fourth: I give and bequeath unto my son John, and his heirs forever, after paying five hundred and thirty two dollars in four equal annual payments, commencing one year after my death, in good current money The plantation containing one hundred fifty seven acres, more or less lying in Sullivan County, Tennessee, on the waters of Reedy Creek, the same whereon my son John now lives.
Fifth: I give and bequest unto my son Peter, and his heirs forever, after paying five hundred and thirty two dollars in four equal annual payments, commencing one year after my death, in good current money. My plantation containing three hundred and sixty five acres, more or less, lying in Sullivan County, Tennessee, on the waters of Sinking Creek, being the same my son Peter now lives on
Sixth: I give and bequeath unto my son David, and his heirs forever after paying five hundred and thirty two dollars in four equal annual payments, commencing one year after my death, in good current money (Land) containing two hundred fifty one acres , more or less, lying in five different tracts; adjoining the lands of George Burkhart, John Thomas, Henry Sells, and others; Sullivan County Tennessee, being the same land my son David now lives on.
7th: I give and bequeath unto my son Samuel, and his heirs forever, after paying eighteen dollars, to be paid one year after my death; two tracts or parcels of land, lying in the county of Scott and state of Virginia, containing two hundred acres 100 of which is the same my son Samuel now lives on. The other 100 acres is to be cut off the west end of the land I purchased from William Head.
8th: I give and bequeath unto my son Michael, and his heirs forever after paying eighteen dollars, to be paid one year after my death in good current money; Part of the tract of land I purchased from William Head containing two hundred and five acre, land lies in the county of Scott and state of Virginia,
9th. I give and bequeath unto my son Adam and my Daughter Elizabeth Wassam them and their heirs forever, by paying. fifteen hundred and four dollars in four annual equal payments, commencing one year after my death, my home plantation, lying in three different (tracts)
10th: I give and bequeath unto my Daughter Catherine wife of Benjamin Booker , her and her heirs forever, a certain tract or parcel of land containing two hundred and fourty eight acres, more or less, lying on the waters of White Tap, Sullivan County, State of Tennessee adjoining lands of Abraham McCellen, Robert Rutledge and others,
llth: I give and bequeath unto my Daughter Magdline, her and her heirs forever, a certain tract or parcel of land containing one hundred and ten acres, more or less; also one third part of an undivided tract of land of one hundred and five? acres, lying in Grainger? County Tennessee, adjoining the lands of Benjamin Brown, in the Glades.
12th: I give and bequeath unto my Daughter Mary, her and her heirs forever, twelve hundred forty eight dollars, in current money, to be paid one half two years after my death, and the balance in four years.
13th: I give and bequeath unto my Daughter Babara, her and her heirs forever, twelve hundred forty eight dollars, provided she dont never take up with John Poe; if she ever takes up with him again, it is my desire for her to have one dollar, and no more, to be paid one half two years after my death, and the balance in four years.
14th: I give and bequeath unto my son Martin, him and his heirs, two hundred forty eight dollars, current money, to be paid one half two years after my death, and the balance in four years.
15th: I give and bequeath unto my daughter Magdalin, her and her heirs, five hundred and forty eight dollars, current money, to be paid one half two years after my death and the balance in four years.
16th: I give and bequeath unto my daughter Catherine , her and her heirs, five hundred and forty eight dollars, current money, to be paid one half two years after my death, and the balance in four years.
17th: It is further my desire, that as the case (courts) will admit after my death, that all my personal estate, with the exception of one bed and furniture, and one chest, which I reserved for my wife Catherine, and with the exception of the first item, shall be sold at public sale on a credit of twelve months, and the money arising from the sale, in the first place Co pay off my just debts. And after the payment of my just debts and funeral expenses, the balance to be paid Co my children, herein before named in this my last will and testament, that is to say: there that money was willed to
18th and lastly. I do hereby constitute my friends, Jonathan Wasssm and Benjamin Booker, Executors of this my Last Will and Testament, hereby revoking all former Wills and Testaments by me heretofore made. In witness thereof, I have hereunto set my hand this 24th day of April 1824.
NOTE: Reedy Creek John Booher was son of Martin Booher Sr. Reedy Creek John Booher's wife was Mary "Polly" Booher dau of John Booher Sr. All of their children are not listed in this document for reasons unknown. This document was typed to aid in readiability and it may not be an exact duplicate of the original.
Articles of agreement made and entered into between Peter Booher, George? Hughes? And Beckey? his wife, Edmond? Buckels, in the right of his children, Mary Booher. Christian Booher, Adam Booher, Samuel Booher, Michael Booher, Polly Booher widow and estate executrix of John Booher Dec. Jonathan Wasson and Elizabeth his wife, Benjamin Booher and Catharine his wife, and Martin Booher all heir at law of the estate of the late Martin Booher dec. Whereas Martin Booher in his active life executed his will and divided? His land among his children and that there is some dissatisfaction & that we the undersigned subscribers do agree to reefer? The same to the following persons as arbitrators. William Snodgrass, Sam Longare?, Thomas Meyers, William Anderson, and Abraham McClallan to whom the said lands that the said is to guess? (the size) on each tract of land and value each tract of land to cash. That each signee doeth agree to take the land allotted to them at said valuation and if any of B(believe)? land share to be valued so as to their respective part should be more than their share then each one signees to pay up what the arbitrators shall say they must pay. So each one shall have share and share alike & if it should happen that the arbitrators say that those that have money coming to them shall say they are not entitled to as much as is stipulated in said will that they shall in that respect receive whatever the arbitrators shall give them and no more. So that each legatee shall have share & share alike and we further agree for this distribution to give due time to collect and pay any money or moneys that shall be due the estate or due from any one of the above legates. It is further agreed that after said surrender? Is made that Jonathan Wassom and Benjamin Booher Executors , dismiss all suits that they have brought against said legates and that the arbitrators above? decide who shall pay the costs occurring on said suit or suits. Shant? The property be valued to more than what is specified in the will then each legatee is to have share and share alike and for the said? purpose? we bind ourselves our heirs in this final sum of ------- ------ ------------ this 15th day of March 1830
Witnessed by
Signees
D. S. May
Theo Redhots?
Peter x Booher NOTE the "X"
Attest. J. K. Snapp?
David x Booher is their
Attest: Samuel Hashbaigen?
George Hughes mark
Attest. Daniel Booher
Edmund x Buckles
Mary x Booher
Adam Booher
Samuel Booher
Michael x Booher
Jonathan Wassom
Polly X Booher
Benjamin Booher
Kathrin? x Booher
Christian x Booher
K?. W?. White? Guardian of minor children of John Booher Dec.
There is some other legal wording at the bottom of this document as to represents whom. There is an expressed belief about a gift to a Methodist Episcopal church for the use of a meeting house. I cannot make out the balance.
NOTE: Mary "Polly" Booher is the dau of John Booher Sr. and widow of Reedy Creek John Booher son of Martin Booher Sr. Reedy Creek John Booher apparently died between the time the will was made and the the date on this document.
Other related information: Will of John Booher Abingdon VA Courthouse. Denton Papers by John H. Denton at Bristol, VA public Library. John Booher Sr. b. ca 1750 Lancaster Co. PA d. 1820 Washington Co. VA. Jacob Booher and Frederick Booher were Executors of Will of John Booher SR.
Return to Martin & John Booher Report
Last updated on 24 September 2003
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