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Location: Marion, Virginia, United States
Surname/tag: Boggess
The following is a transcription of Richard Boggess' will and court testimony
Noncupative will of Richard Boggess deceased
At a quarterly term of the county court of Marion continued and held for said county at the court house thereof, on Thursday the 7th day of March in the year 1844:
In the matter of Richard Boggess will.
This day negroes Phebe and her children John, Oscar, Letha, Nancy, Richard, and Phebe Jane by their counsel assigned by this court at a former term appeared incourt and offered for probate and record a paper writhing in these words: “In the name of God Amen, I Richard Boggess of sound mind, though certain of my Desolution make and constitute this my last will and testimony – do appoint George Harter my executor, and administrator, and after sellin [sic] my personal estate to be applyed [sic] to the discharge of my debts, then to sell my real estate, except slaves, the proceeded of that also to be applyed to the discharge of my debts or so far as will be required to discharge them, the ballance [sic] invested in land in the Western part of Pennsylvania for the benefit of Phebe and her children who I emancipate and wish my administrator to see them settled on Pennsylvania and in Testimony I have hereunto set my hand and seal this 12th day of August 1843. Richard Boggess.
Attest Joshua T. Hawkins, Henderson T. Robey, William Wilkins, Thos. S. Rector.”
As containing the noncupative will of Richard Boggess deceased, the same having been produced here by the clerk of the Circuit, Superior court of Law and Chancery under a subpoena duces tieum awarded for that purpose and thereupon Caleb Boggess and Albertus Boggess heirs of the said Richard Boggess, appeared and contested the probate of the said paper as the noncupative will of the said Richard Boggess whereupon the parties examined in open court Thomas S. Roeder, Joshua T. Hawkins, Henderson T. Robey, William A Sandy, Jacob Baker, Joseph Boyer, Richard Jackson, George Harter, Charles T. Hedges and Jess Sturm witnesses produced by the parties whose evidence was reduced to writing in court and ma—afiart of the record in this cause by consent and the evidence aforesaid is as follows:
Thomas S. Reeder a witness called on behalf of the negroes, being sworn stated that he resided in the neighborhood of Richard Boggess deceased, and learned that he was very ill and went over to see him. When I got there I understood from persons there that they had sent for Benjamin J. Brice to write Boggess’ will. Afterwards I went into Boggess’ house and spoke to Boggess. A quarter of half an hour elapsed and Brice not coming, Boggess proposed to write his (Boggess’) will. Witness agreed to write it for him. Mr. Boggess directed me to write his will as follows: He desired that the land he lived upon should be exchanged for lands in Preston county belonging to George Harter, Boggess to receive some four or five hundred dollars from Harter as the difference in value. Harter was present. So much of the Preston land was to be sold as was necessary together with his personal property to pay his debts, and the balance of his Preston lands was to go to his slaves. Boggess object in desiring an exchange of lands was to get some ready money to pay some debts. Harter and myself talked to Boggess talked Boggess and told him this land was in Virginia and the negroes could not ???? upon it. He then directed me to write his (Boggess’) will in the form of the aforesaid will now offered for probate and that witness write the same in accordance with the direction of said Boggess. Before I commenced writing his (Boggess’) said will, he had requested that George Harter should be his executor. Witness then requested Harter who was present to enquire of Mr. Boggess whether he would not prefer one of his brothers for his Executor. Boggess said that he would not and had his reasons; that he (Boggess) preferred Mr. Harter. I commenced writing the will and Boggess fell asleep while I was writing. I then stopped and went out into the yard After having been out some time I was informed that he (Boggess) was awake. I then returned and commenced writing the will again. I then requested all persons in the house to go out except four or five. I then requested Joshua Hawkins to put the same question to him (Boggess) in relation to his Executor that Harter had. Hawkins did so and Boggess reply was the same and that which he had given Harter. After I had written the will I read it to him (Boggess) and he said it was all right except that he was afraid it would not answer the desired purpose on consequence of the names of the negroes not being named in the will separately and distinctly. I told him as it referred to Phebe and her children, it would comprehend all, and he (Boggess) then said that if witness was satisfied, that it would be no bar to establishing the will he need not alter it. Witness told him (Boggess) that he thought it would not. Then witness read the will to him (Boggess) he turned over on his side with his face towards witness and seemed to listen to it with great strictness. It was a this time that the aforesaid fears about the sufficiency of the will were expressed by said Boggess. I then told him as he was lying easy that if he would direct me in the presence of the persons standing by, I would write his name to said will for him; that I thought that would answer. Boggess replied and expresses his fears that that would not do and then he raised himself up in the bed, and turned his feet out of the bed, and asked me for pen that he might sign his name to the will. Witness handed him the pen, and Boggess put his hand down at the proper place upon the paper where his name now is; the seal and scroll having been previously placed there by me. After he (Boggess) had placed his hand at the proper place upon the paper he stated that he could not see sufficiently to write his name and asked for his specks they were brought to him and placed on his face by a Mr. Wilkins the side pieces of the specks were not pulled out & Boggess then took the specks off of his face himself and drew out the side pieces and put them on again and again asked me for the pen he then again placed his hand down upon the paper at the proper place to write his name where it is now written he then raised his hand and stated that he could not yet see sufficiently well to write his name and handed me the pen and requested me to write his name for him. I then took the pen from his hand to do so. He (Boggess) was then setting up on the side of the bed and while I was writing his name I heard some person say he was fainting away I finished writing his name after I heard that he was fainting away and then turned my eyes and saw other fanning him with my hat they were about laying him down in the bed a had just laid him down witness is not now certain which I then requested those that remain in the house with me at my request to witness the will by signing their names to the same they did so and I also signed my name to the will as a witness and in a very short time after so doing went from the house and never was him again.
Question by Plaintiff: where was it that you wrote the will as above stated
Answer: at his (Boggess) dwelling and in the room where he layed sick
Question by the same: when was it and when did Richard Boggess direct you to write his will as before stated and who was present.
Answer: I was at his own dwelling house and in his sickroom as above state George Harter Senior and perhaps George Harter Junior Henderson T Roby Joshua T Hawkins and William Wilkens were present and other persons may have been present. The time was the 12th day of August 1843 as well as I now recollect.
Question by the same: were there any person present at the time you read over the will to Richard Boggess and he requested you to sign his name as above stated if so state who they were.
Answer: the subscribing witnesses to the will were there and perhaps others.
Question by same: was it during the last illness of Richard Boggess that you wrote and signed the will as above stated.
Answer: Yes
Question by the same: what was the situation of his mind at the time.
Answer: I believe that his mind was perfectly sound and good I never saw any person more rational or collected.
Question by same: did Richard Boggess own any slaves other than Phoebe & her children.
Answer: Not that I know of.
Question by same: did you at any time prior to writing his will as above stated hear him say anything in relation to what disposition he intended to make of his property.
Answer: some time in October or November 1842 Aristophius Werninger called upon Boggess near my house to know if he (Boggess) would not sell or hire him some of his slaves. Boggess replied that he had sold one of them for a term of years but he never would sell another
Question by same: was Mr. Boggess a man of family.
Answer: he had no legal wife – no legitimate children
Question by same: are you acquainted with Phoebe and her infant children if so state what is her complexion and that of her children.
Answer: I am Phoebe is black and the infant children are mulattoes
Question by same: what was the age of Boggess at his death
Answer: I suppose about 60 years old.
Question by same: who superintended and managed Boggess Household affairs for many years previous to his death
Answer: Boggess Colored woman Phebe
Question by same: what was the treatment of Boggess towards Phebe and her infant Children previous to his death
Answer: he was not severe but was kind and lenient towards Phebe and her infant Children.
Question by Boggesses the Contestants: at the time the bystanders were fanning Mr. Boggess as you have stated was he then sensible and conscious of what was doing about him.
Answer: I suppose that he was not as he had swooned away
Question by the same: was he in his senses at the time the witnesses attested the said paper writing.
Answer: I suppose he was not at the time the witnesses subscribed their names to the paper writing as he had not recovered from his swooning away
Question by the same: at the time you went to Mr Boggess house the day you wrote his will did you not then consider him a dying man
Answer: I considered that he could not live very long but I considered him perfectly in his senses as I before stated
Question by same: when you read the will to him did he not object to it because the land trade with Harter was not in it.
Answer: I heard no such objections
Question by same: were you not examined as a subscribing witness to the same paper writing at the fall term of the Circuit Superior Court for this county in the year 1843 when the same paper writing was offered in that court for probate then.
Answer: I was
Question by same: at the time you wrote the will as stated for Mr. Boggess were the slaves considered as being real or personal property
Answer: Boggess and myself and other had the same conversation about it and concluded that slaves were real property Joshua Hawkins told the old man that slaves were real estate and we all concluded that they were real estate.
Question by plaintiffs: what was the situation of Richard Boggess mind at the time he directed you the manner in which he desired you to write his will and at the time you read it to him and at the time he directed you to sign his name to it for him.
Answer: I considered him calm and collected and perfectly rational and in possession of all his mental faculties.
Question by same: after you had signed Boggess name to the paper and he had swooned away as you before stated did you discover anything else about him that induced you to belive that he was insensible except his having swooned away
Answer: I did not but my inference was that he would die in that swoon he laid calmly and was not restless
Joshua T Hawkins another witness called to prove the will being duly sworn states that he subscribed his name to the will under the following circumstances I was at George Harters upon the day that Richard Boggess died and word came to Harters that Mr Boggess was very low and George Harter and myself upon hearing that word rode down to Boggess house I then went in the house to the bedside where Mr Boggess was laying and spoke to Boggess and he spoke to me & called my name I then asked him how he was he replied that he was quite weak but stated that he was some better than he had been this was about 2 or 3 o’clock in the afternoon I then asked him if he had settled his business he replied that he had not but stated that he or we had sent for Mr Brice to write his will I then walked out of doors and in a short time Mr Harter came to the door and called me and told me that Mr Boggess wished to see me I then walked in and went to the bedside and he (Boggess) said to me you think that I am not going to live long. I told him I did think so about this time Thomas S. Reeder came in I then stated that if he (Boggess) waited for Mr Brice to write his will it would be too late. I then stated that there were men there who could perhaps write his will Mr Thomas S Reeder was then standing by and Mr Boggess turned and asked Reeder if he would write his will and Mr Reeder replied that he would Mr Reeder stated that there were a good many there and he wished them all to leave the room except Henderson T Roby & his wife and myself. From what I could learn from Mr Boggess there had been some conversation between him (Boggess) and Harter about trading of land there was a difference in the land they way it was priced in favour of Boggess, but what amount I am not prepared to say about this time I think Mr Reeder commenced to write the will and Mr Reeder told me to ask Mr Boggess if he (Boggess) would not prefer one of his (Boggess) brothers for his administrator. He replied no. I then asked Boggess why and he replied he had his reasons but he did not state what they were he stated that he would prefer George Harter he (Boggess) stated that George Harter appeared to be a businessman and that Mr Harter was acquainted with his (Boggess) business Mr Reeder about this time commenced to write a will about the time Mr Reeder commenced to write the will Mr Boggess state that he wished to free his negroes he (Boggess) stated that Phebe had been a faithful slave and he wanted her to be well taken care of it appears to me that there was something said by Boggess about selling his personal property he said he thought the difference between the two pieces of lands and his personal property would perhaps pay the greater part of his debts. It was then some conversation took place about the land in Preston and Boggess said he wished the balance of his estate after his debts were paid should belong to his negroes then Henderson T Roby I think it was informed Mr Boggess that the land which was spoken of in Preston laid in Virginia and that the blacks could not live on it and enjoy there and live free. Boggess then state that if that were the case he would have nothing more to do with the trade with Harter. And there Mr Boggess directed Mr Reeder to commence a new will. I was close by Boggess bed side and paid particular attention to what passed and I asked Boggess how he wanted the will written the table and Reeder were setting by the bed Boggess stated that he was involved in debt he (Boggess) wished his personal property sold first (some conversation then arose between Mr Boggess Mr Reeder and myself about whether negroes were real or personal estate and we came to the conclusion that they were real estate) and then his land to be sold and what was left after his debts were all paid he wished Mr Harter to purchase land with in Pennsylvania and situate his blacks upon it. When Reeder finished writing his will I stated to Mr Boggess that Mr Reeder was going to read the will Mr Reeder told him (Boggess) to pay attention to the reading of the will he (Boggess) appeared to pay very good attention and when Reeder was done reading the will Reeder asked Mr Boggess if that was right and Boggess stated it was right but said he thought it was necessary to name all the negroes and Reeder stated that he did not think it was necessary that Phebe and her children included all at this time the paper offered for probate was shown to witness and witness states that it is the same paper written by Reeder and read to Boggess in witness presence as above stated after the will was so read by Mr Reeder. Reeder asked Boggess that as he (Boggess) was lying in an easy position if it would not answer for him (Reeder) to write Boggess name to the will for him Boggess stated that he would rather write his own name and that then there could be no scruples about it Boggess then rose up and threw his feet out of the bed Reeder presented the will to him and handed Boggess the pen and showed him where to put his name Boggess stated he could not see without his specks Boggess specks were then brought by Mr Wilkins and placed upon him (Boggess) Boggess said he could not write without being at the table Boggess then took off his specks and put them on again I told him he could not get to the table that we would bring the table to him (the table was then close by the bed) we then shoved the table up to him and Mr Reeder again showed him where to write his name and Boggess stated he could not see, handed the pen to Reeder and told Reeder to write his name I then said that Boggess appeared to be fainting I laid him down and informed Mr Reeder that Boggess was fainting he was then writing Boggess name Reeder then called on us to witness the will and I and Henderson T Robey William Wilkins and Thomas S Reeder subscribed our names to the will as witnesses. I left shortly afterwards and when I left the old man Boggess was still in a fainting condition the paper writing now offered for probate was written as above stated at Boggess dwelling house and in his last sickness witness states that he is a phisician [sic] but was not attending Boggess as such
Question by Plaintiff: what was the situation of Boggess mind from the time you first went to his dwelling house on the occasion aforesaid untill he handed Reeder the pen to sign his (Boggess) name to the will as above stated
Answer: it appeared to me that he (Boggess) was in his right mind from the fact that he knew me and frequently called me by name and from the fact that he answered all questions put by me rationally and properly I was well acquainted with Mr Boggess and reside within some 7 or 8 miles of where Boggess resided at his death.
Question by same: at the time Boggess directed Reeder how to write his will and at the time Reeder read it to him as stated do you believe that Boggess was then of sound mind and disposing memory
Answer: It was then and still is that he was
Question by Contestants: when you laid Boggess down at the time Reeder was writing his name as you have stated was Boggess then sensible and conscious of what was doing about him
Answer: it was my impression he was not
Question by same: did Boggess recover his senses before you left him
Answer: when I left him he appeared to be in the same condition he was in when I laid him down in an easy fainting condition
Question by same: how often did Mr Boggess fall asleep whilst Mr Reeder was writing the will
Answer: I do not know that he was in a sound sleep at all but he appeared very drowsy
Question by the same: when Boggess made the effort to sign the will as you have stated did not you and Mr Harter raise him up in the bed for that purpose
Answer: I have no recollection of assisting to raise him up I laid him down
Question by same: who raised Boggess up for that purpose
Answer: it appears to me that he raised up himself
Question by same: was Boggess waked up out of his sleep for that purpose
Answer: no he was awake and had just heard the will read
Question by same: who were present at that time
Answer: Henderson T Robey and his wife Thomas S Reeder and myself and perhaps others I think there were some more come in about that time
Question by same: are you the same Joshua T Hawkins who was examined in the Circuit Court of Marion County at the fall term 1843 when the said paper writing was offered for probate in that court
Answer: yes
Henderson T Robey a witness called to prove the paper writing being sworn states that on the 12 of August 1843 he was at the dwelling house of the said Richard Boggess and that said Boggess died on the evening of that day about 8 oclock I got to Beggess house about 3 oclock in the afternoon and when I got there I discovered he was failing very fast. I saw Bogges the day before at which time he was quite smart. I live in the neighbourhood near said Boggess I suppose about ¾ of a mile from his house. When I got there the day Boggess died I went into the house and asked how he was and he replied that he was very weak. Boggess then raised up in bed by the assistance of Phebe his servant who was about to give him a drink of rice water. As soon as he had taken his drink Phebe his servant asked him if he wanted to lay down he said no that he would set up a little while he and I then had some conversation in relation to some dealings between him and myself He (Boggess) was my security in bank if or some money and he said that he had been sued by the bank and his brother Fielding Boggess was his bail and that Fielding was uneasy about it and had mentioned the subject to him that morning. I then told him that he need not be uneasy about it that I had arranged the bank debt so that he would have no more trouble with it than what he had already. About this time I saw Rawley, a negro, starting after Mr. Brice to write Mr. Boggess will and understood who sent him I do not know. When I understood that Mr. Brice was sent after to write Boggess will I remarked to some persons present that I thought Mr. Brice could not be got as I thought he was absent. Mr. George Harter then replied that he thought his son George Harter could write the will if they had a form (this conversation between George Harter and myself was not in the presence of Mr. Boggess. Mr. Harter and myself & probably others went to the bed where Boggess was and Mr. Harter mentioned to Mr. Boggess that he thought Mr. Brice would not be there and that he G. (Harter) thought there was some person present who could write his will then I think I remarked to Boggess I supposed he wanted to make a will he replied he did then some one of the company asked me if I had not a copy of my fathers will I told them that I had but it was at home I told them it was written by Mr. Brice and I supposed it was in due for Boggess then replied to me that if his will could not be written without a form hennings justice was at Mr. Hedges and requested me to get it I then spoke to some of them and said that I would ride home and get the copy of my fathers will and that they could also get Hennings Justice if they wished it. At this time Mr. Thomas S. Reeder came in and I went home and got the copy of my fathers will and returned in 15 or 20 minutes. When I returned Mr. Reeder was about to prepared to write Boggess will Reeder was then setting at the table which was then setting at the bed side of Mr. Boggess. Reeder then proceeded to write a will something about a land trade with Mr. Harter. Mr. Boggess told Reeder that he (Boggess) and Harter was about to exchange land that he (Boggess) wanted his personal property sold and Phebe and her children to be free and the remainder after paying his (Boggess) just debts to be given to Phebe and her children. Upon this exchange of lands it was my understanding that Harter was to have Boggess land at 8 dollars per acre and Harter was to let Boggess have his (Harters) land at five dollars per acre and by that exchange to the best of my recollection there was a difference in Boggess favour of about 500 dollars Harters land was in Preston County Boggess said that his reasons for making this trade was to get the boot in order to ma? The payment of debts for which he was then pressed I then told Boggess that that trade I did not think would do that I supposed it was his intention from what he had stated before to give this land to Phebe and her children he replied that it was his intention to give it to them. I then stated to him from what I knew of the law that the negroes could not be free and live in Virginia I then told Mr. Boggess that I had not seen the Preston land that if the land had to be sold his own farm would sell for more money than the other land and the boot he then said that if Phebe and her children could not live up on the Preston land and be free he would not make the trade. He (Boggess) then requested Mr. Reeder to write another will he directed Reeder to write a new will that he wanted all his personal and real estate except Phebe and her children sold and all his just debts paid and the balance Mr. Harter (who Boggess wished to be his executor) was to purchase land with in the western part of Pennsylvania and put Phebe and her children should be free and that they should have the remainder of his (Bogess) estate. Boggess stated that Phebe had been a good servant and he wished to do something for her. Reeder wrote the will and read it to Mr. Boggess and asked him if it was right to which he replied it was only he thought the names of Phebes children ought to be mentioned separately in the will. Mr. Reeder said he thought that Phebe and her children included all and was sufficient Boggess then said or to words to this effect that if Reeder thought so and there would be no difficulty in establishing the will to let it go so. At this time the paper writing offered for probate was shown to the witness who states that it is the same paper written by Reeder and read by him to Boggess in witness presence as above stated and that witness is a subscribing witness to said paper. Mr. Reeder then asked Boggess if he (Boggess) should write his (Boggess) name to the will as he Boggess was easy and Boggess replied no that he wished to write his own name. Boggess then rose up in the bed and set upon the bedside the table was moved to the bedside and he then made an attempt to write his own name to the will he Boggess stated that he could not see without specks. The
Wilkins got Boggess specks brought them to him and placed them upon his head and they (the specks) were loose upon his Boggess head and he Boggess took them off and drew out the slides and put them on himself and again made an attempt to write his own name. He stated he could not see and gave Reeder the pen and requested Reeder to write his (Boggess) name to the will which Reeder accordingly did and while Reeder was writing his (Boggess) name to the will Boggess fainted away and was laid down upon the bed by Joshua T. Hawkins Reeder then asked me and others present to subscribe our names to the will which we did while he (Boggess) remained in the same condition. The other subscribing witnesses were present and subscribed their names at the same time I remained with Boggess until re revived from his fainting condition and until he died her revived so as to know persons present he lived some two or two and a half hours and seemed to retain his senses to the last. Mr. Hedge and Mr. Harter were there at the time Mr. Hedge was standing at the foot of the bed and Harter asked Boggess if he knew who that was and Boggess replied o yes I know every body. These were the las words I ever heard him speak. witness was raised in the neighbourhood of Mr. Boggess and has been well acquainted with him from infancy. Witness being asked what was the state of Boggess mind upon the day of writing the will up to the time of his fainting away as above stated states that he supposed his mind was as good as at any other time. Witness on being asked whether he believes Boggess was of sound mind and disposing memory at that time states that he believes he was. Witness being asked in relation to the treatment of Boggess to his slaves states he (Boggess) treated his slaves very kindly. He did not treat them as men usually treat their slaves. They had as many privileges as any white family in the settlement. Witness states that Boggess had no other slaves but Phebe and her children, they constituted his (Boggess) family.
Question by contestants. Who raised Boggess up from his bed when he attempted to write his name to the paper
Answer: I cannot say whether he raised himself of whether he was assisted to rise.
Question by same: had Reeder finished writing Boggess name to the paper before Boggess fainted away
Answer: I think he had not
Question by same: was Boggess of sound mind and memory and competent to make a will when Reeder finished writing his (Boggess) name to the paper
Answer: I suppose not because he had fainted away at that time
Question by same: when you and the other witnesses to the will signed the paper as witnesses was Boggess then of mind sufficient to make a will.
Answer: he was in that fainting condition at the time we subscribed our names to it
Question by same: were you examined as a witness in the circuit superior Court of Marion County fall term 1843 when this same paper was there perpounde? for probate
Answer: yes
Thomas S Reeder being again called by the plaintiffs. States in answer to a question put to him by plaintiffs that at the time Richard Boggess directed him to write his will and at the time he read the same to Boggess when written and at the time that Boggess requested him (Reeder) to sign his (Boggess) name to the paper as before stated he believes that he (Boggess) was of sound mind and disposing memory and was capable of making a will. The witness further states voluntarily in explanation of his former testimony that George Harter set by Boggess while he Reeder was writing the first part of the will and untill Boggess fell asleep and after Boggess awoke and witness resumed writing the will Joshua T Hawkins set by Boggess
(The Plaintiffs incorporate into this evidence a suphoena issued at their instance for William Wilkins one of the subscribing witnesses to the said paper writing which is returned not found)
William A. Sandy being called in support of the will being duly sworn
Question by the Plaintiffs. Were you acquainted with Richard Boggess deceased if so state how long and how far do you reside from him
Answer. I have been well acquainted with Richard Boggess for 23 or 24 years I lived within about a mile of Boggess
question by same. did you at any time hear Richard Boggess say what disposition he intended to make of his property if so where was it and at what time
Answer. I had a conversation with Richard Boggess about a year ago. in which conversation he stated to me that he would ride up to Harters and borrow some money. to pay some debts then pressing upon his land and if he did not get the money. he would sell his land and pay off his debts. and lay the balance out in land some where else to settle his negroes on as he considered them to be his own children. and he never intended them to be slaves to any other man. Witness in answer to a question put by. plaintiffs. stated that Boggess treated his slaves with great kindness and allowed them as much liberty as any other family in the neighbourhood. white or black
Jacob Baker. another witness called by plaintiff being sworn stalls in answer to a question put to him by Plaintiffs. that he was acquainted with Richard Boggess for 21 or 22 years and worked for him 4 or 5 years off and on prior to 1843 the last time I worked for Boggess we had a conversation in which Boggess stated that his slaves never should be sold nor neither should his relations have them. that he intended to give them their freedom and upon witness stating to him that they would be sold unless he made his will he stated that he would attend to that. and in answer to further questions by Plaintiffs. witness stated that Boggess treatment towards Phebe and her children was very kind and better than some white people treat their children
Jacob his X mark Baker
Joseph Boyers witness for Plaintiffs states in answer to question. that he has been acquainted with Richard Boggess for five years heard him say that he had given one of his negroes a pass a year ago. and that he intended to sell his land and purchase land on dunkard in Pennsylvania and set all his slaves free and settle them on that land and that he intended to live with the negroes on dunkard and make them support him this conversation was about 14 or 15 months ago
Joseph his X mark Boyers
Richard Jackson witness for Plaintiffs. in answer to interrogatories states that he has been acquainted with Richard Boggess about 14 years in the summer of 1843 about the month of July Mr. Boggess was at my house and I had a conversation with him he (Boggess) spoke of his debts and property and said he wanted to sell his lands here and pay his debts and lay out the balance in lands in the skirts of Pennsylvania for his family which consisted alone of himself, and his slaves
Richard Jackson
The contestants then introduced the following testimony in opposition to probate of this said paper to wit a copy of the record and proceedings of the circuit court of Marion County at the fall term 1843 in relation to the said paper writing, which copy of said order is in these words. At a circuit superior court of law and chancery held in and for the county of Marion on Saturday the 16h day of September 1843. A paper writing bearing date on the 12th day of August 1843 and purporting to be signed by Richard Boggess. and to be the last will and testament of the said Richard Boggess who is deceased was this day produced in court by George Harter. who is named as executor therein and upon the motion of the said George Harter it is ordered to be entered of record that he doth refuse to take any further action in relation to said paper writing and especially that he doth refuse to take upon him the burthen of the execution thereof in case. the same shall be proven to be the last will and testament of the said Richard Boggess deceased and the said paper writing being thereupon propounded for probate as the last will and testament of the said Richard Boggess deceased on behalf on behalf [sic] of Phebe and their her children (the persons therein specified) Caleb Boggess one of the heirs at law of the said Richard Boggess (deceased) appeared in court by his attorney and contested the probate of said paper writing whereupon Joshua T Hawkins. Henderson T Robey Wm Wilkins and Thomas S Reeder the subscribing witnesses thereto having having [sic] been severally called and examined under oath touching the same and evidences of said witnesses having been heard together with the arguments of counsel thereupon the Court is of opinion that said paper writing is not the last will and testament of the said Richard Boggess and it is therefore considered that the probate thereof as such be and the same is hereby rejected and thereupon no one appearing to qualify as the administrator of the estate of the said Richard Boggess and cause being shown from which the court judge it convenient that curators of said estate be appointed on the motion of Caleb Boggess one of the distributes and of Thomas F Conaway and William J Willey who made oath according to law and together with said Caleb Boggess Jesse Sturns Fielding Boggess William Booe and John McCray who testified as to their sufficiencies entered in to and acknowledged a bond in the penalty of five thousand dollars conditioned as the law directs they the said Thomas F Conaway and William J Willey were appointed to collect and preserve the estate of the said Richard Boggess until administration thereof be granted or untill the further order of the court a copy teste J O Watson clerk. and the contestants produced the said George Harter named in the said paper writing as the executor thereof who being sworn states in answers to questions propunded by contestants that he was at Richard Boggess house on Saturday morning soon after breakfast being same day that Boggess died that he was a neighbour of Boggess. that he discovered that
he (Boggess) was low and told Boggess that he had better send for a Doctor. Boggess remarked that if he did not get better he would send for a Doctor on Monday, witness told Boggess that he did not think he (Boggess) would live till Monday and witness asked him if he (Boggess) did not desire to make a will and Boggess replied no. because he was somewhat involved and if he (Boggess) made a will it might create some disturbance if it got out and was known witness then told Boggess that he might have a will written and no person need know the contents of it except himself and Boggess then said that he would conclude the trade first concerning the land that Boggess and witness had been trading and that witness had went there that day not to perfect the trade but in relation to the trade that Boggess had intended to send his brother Fielding to see the land but that upon that morning Boggess had changed his mind and wished to conclude the trade at the time. Boggess said he had heard enough about the land to be satisfied about the price of the land – that he was willing to take the boot. If witness was satisfied. and conclude the trade and send for Benjamin J Brice to write the conveyance immediately. I then told Boggess that there was a protracted on Teverbaugh and I wished to go to it. I told him that he might send for Brice and that I would return and make the trade I left Boggess and returned in the after noon about 2 or 3 oclock and Mr. Brice had not been sent for as witness understood. did not understood so from Boggess at this time there were a great many persons in the room they talking were that they thought Boggess ought to have a will written. Henderson T Robey and myself were talking about sending for Mr. Brice & concluded that Mr. Brice ought to be sent for and I told Rolly one of Phebes children the oldest as I believe to go for Mr. Brice to write Boggess will. Boggess was at this time asleep as I thought. Doctor Hawkins came in and went to the bed side and spoke to Boggess and told him that he (Hawkins) thought that he (Boggess) ought to have his will written. Witness does not know that Boggess made any reply. about this time Thomas S Reeder came in Rolly. the negro who had gone after Mr. Brice not having returned. Mr. Henderson T Robey stated that Mr. Brice was probably engaged and would not be there witness then suggested that his son George could write the will if he had a form and Mr. Robey suggested that he had a copy of his fathers will at home and started to get it he was not gone very long untill he returned but before Robey returned Reeder stated that he could write the will. Witness then went to the bed and roused up Mr. Boggess he seeming to be in a kind of a doze or sleep and told him that Mr. Reeder could write his will if he wished it done. that Mr. Brice would not be there Boggess replied that he did not wish the will written unless they could put the conveyance in the will Mr. Boggess then looked at Mr. Reeder and stated to him that he (Boggess) and I were about making a trade and stated the contract to Mr. Reeder and the boot that was to be given. Mr. Reeder replied to Mr. Boggess that the conveyance could be put in the will I do not recollect that Boggess made any reply. some person then said something about pen ink and paper and they were got and laid on the table upon the opposite side of the room from which Boggess was lying. I do not know who put the paper on the table Boggess did not call for pen ink and paper. Mr. Reeder then set down by the table to write the will and after having written a part of it and having introduced the provisions in relation to the exchange of lands between Boggess and witness (Harter) H T Robey said whilst Reeder was writing that the method adopted of making the will would not do if any of the friend of Boggess chose to contest the will. Several persons objected to the plan of the trade entirely. then Reeder expressed a wish to know who Boggess desired to be executor or administrator I then put my hand on boggess. supposing him to be asleep as he laid easy when Boggess opened his eyes at Hedge who stood at the foot of the bed and seemed to eye him considerably Witness asked him Boggess if he knew him (Hedge) and Boggess said oh yes and that he know every body Mr. Reeder then asked Boggess when he wished to be administrator. Boggess replied Mr. Harter. Then asked him (Boggess) if he would not prefer one of his (Boggess) brothers I told Boggess that some of his brothers were business men. and that it would not look well before the Court for me to be his executor and trading man the same day. Boggess made no reply but seemed to be in a study. Mr. Reeder the spoke to Boggess and asked him if he would not wish one of his (Boggess) brothers to be administrator he replied no. I then told Boggess I would not secure as executor on account of the trade. there was then a general talk through the house upon law points about the will. Mr. Robey then observed to me that it would not do to have the trade and will together. that he Robey was satisfied it would not do. Reeder then observed that he could write a will which he thought would answer. Reeder at this time was setting between the table and the bed and turned to the table to write. I then observed I thought there was too much confusion in the house that they had all better leave the room except those concerned in making the will I then looked at Mr. Boggess whose eyes were shut and I thought he was asleep I then started out of the house and the rest all followed I thought they had all followed but Reeder. I went into the yard and set down for the space of a half hour and Mr. Reeder came to the door and asked me in. and I went in the house I observed Mr. Robey and Mr. Hawkins in the house with Reeder. I then looked at Boggess and his eyes were shut and I thought he was asleep as he was before. Hawkins was setting by Boggess bedside and, Hawkins told Boggess. that Reeder was ready to read the will to him (Boggess) Boggess then reach out his hand as though he wanted to be helped up. I took hold of one hand and Hawkins the other and helped him up in the bed and he threw his feet out of the bed and set upon the side of it I set on one side of him (Boggess) and Hawkins on the other at this time the most of the company had came in and Mr. Reeder came in front of Boggess and read the will to him after Reeder got through reading the will to Boggess. Boggess asked Reader if it was not necessary that the children should all be named in the will separately. I then spoke that in Pennsylvania it would be necessary but I did not know how it would be here Reeder then said that Phebe and her children would comprehend all. after Reeder had made this observation. Boggess turned to me and told me that Phebe had been a good slave to him and he wished to do something for her and her children Reeder then spoke and asked Boggess whether he should write Boggess name to the will or whether Boggess could do it himself Boggess said that he would write his own name to the will Reeder then took hold of one side of the table and some other person the other side and set the table down close by the side of the bed so that it would be handy for Boggess to write. some person handed Boggess a pen and Boggess then asked for his specks. and Mr. Wilkins got them and tried to put them on Boggess head and then there was some fixing about the specks and Reeder pointed to Boggess where to sign his name to the will and Boggess put his hand down to the propper place with the intention to write but without writing raised up and said he could not see the paper Reeder then asked Boggess if he (Reeder) should write his (Boggess) name for him just as Reeder had asked Boggess. his Boggess head dropped down to one side and his specks fell from his head I then caught hold of one side of Boggess and Hawkins the other and we laid Boggess down upon the bed I thought Boggess had fainted at least he seemed to have no use of himself there was then a considerable crowd all wishing to see Mr. Hawkins having observed that Boggess was dying. I got a hat that was laying on the table and fanned Boggess with it. Boggess was then gasping as I have seen people about dying directly after we had laid Boggess down in the bed not exceeding 10 minutes Reeder asked Hawkins to sign the will as a witness I do not know whether he did so or not and saw Hawkins no more that day. I did not see nor do I know that any other witnesses to the will signed it at that time. I suppose they did. Boggess laid gasping upon the bed like a dying man for probably an half hour after we laid him down in the bed. after which he seemed to lay easy. and appeared to be like a man asleep. and in this way he continued for something like two hours at the end of which time he coughed and opened his eyes stepped to him and asked him if he wanted anything he made signs an I helped him up in the bed. and he said that he wanted some water I offered him water in a saucer. he tried to drink but swallowed very little. I than asked him if he wished to see any of his brothers or relatives and he replied no. I was then standing by the side of the bed holding Boggess up in the bed. While he was then being held up in the bed I asked him if he knew he was dying. and he replied no that he was very weak but did not think he was dying. I then asked him if he was afraid to die and he replied he was not I then asked him if he was willing to die. he replied yes his Boggess head then dropped as it did when we laid him down the first time and he gasped for about a half hour and died. from the conversation. I had with Boggess during his illness I think he at no time thought he would die during that affliction
Witness in answer to interrogatories propounded by contestants for a half hour next following. he (Boggess) was not capable of making a will and witness further states that when Reeder read the will to Boggess as aforesaid Boggess made no objections to the will except as above stated and as I though seemed to be satisfied with it
Question by Plaintiffs. when you returned from meeting as you have stated. to Boggess about 3 oclock upon the day of Boggess death whom did you see there?
Answer Jesse Sturms esquire. I do not recollect of seeing any others there at that time
Question by same when you returned to Boggess did not Sturms inform you that Rolly a negro man was just about to start or was in the act of starting after Benjamin J Brice to write Boggess will.
Answer. he did not at that time
Question by the same. did Sturms at any time during that day inform you that Rolly had gone after Brice to write Boggess will?
Answer. I don’t think he did but Sturm and myself conversed about the propriety of sending Rolly for Brice to write Boggess will and we both concluded it would be best to send for Brice Rolly started after Brice after Hawkins and other had come to Boggens house
Question by same. was squire Sturms at Boggess when Rolly started for Brice to come and write Boggess will
Answer. I don’t know that he was
Question by same. were Thomas S Reeder Henderson T Robey and Joshua T Hawkins at Boggess house when Rolly started after Brice to write Boggess will?
Answer. Robey and Hawkins were but Reeder came afterwards.
Question by same. you stated in former part of you deposition that when you returned from meeting to Boggess that were informed that Brice had not been sent for. who gave you that information
Answer. Phebe the black woman
Question by same was esquire Sturm present when you received that information from Phebe
Answer. Yes he was sitting at the bedside conversing with Boggess at the time
Question by the same. had you any conversation at that time with Sturm about the land trad you were about to make with Boggess
Answer I am not certain I think we had
Question by same. were you not very desirous to perfect your trade with Boggess in relation to land
Answer. I was willing and if Brice had been there the trade would have been made. but Bogges was so low in the afternoon that I did not expect it could be effected even in the afternoon I would have been satisfied to have effected the trade
Question by same. were you not setting by the bedside of Boggess when Reeder was writing the will containing the land trade
Answer. I remained in the room all the time Reeder was writing the land trade and Boggess was asleep all the time only just when he was spoken to
Question by same. was Boggess asleep when he was telling Reeder the manner the trade was to be made
Answer. I don’t think at any time that Boggess was asleep when he was speaking and spoken to he was very drowsy all that afternoon and would sometimes fall asleep when they were talking to him
Question by same. when it was understood that the trade about the land should be abandoned and a will drawn in another way did you not become dissatisfied
Answer. I did not
Question by same. How long have you been a resident of Virginia
Answer. It will be five years next April
Question by same. where did you come from when you moved to Virginia
Answer. Green Count Pennsylvania
Question by contestants. who were there present seemed most anxious and solicitous to have the will written as it now appears
Answer. Henderson T Robey I heard him talk the most about it. he objected to the will in the other form
Question by Plaintiffs. were you not indicted or presented some years since in the state of Pennsylvania for forgery or some other felony. this question you can answer or not
Answer. I was indicted on a charge of forgery in the state of Pennsylvania and was acquitted by the jury without leaving their case there being no evidence before the jury against me. question by the same. you state that Henderson T Robey objected to the will with the land trade in it did he make any other objections except that he thought you were trying to cheat an honest man out of his farm
Answer. I never heard of that till now
Question by same. what objection did Robey make to the will containing the land trade
Answer Robey said that he did not think it would ???. that it could be easily broken by Boggess. brothers if any of them objected
question by same. is that all. he (Robey) said about the will and the land trade
answer. That is all I heard him say
George Harter
George B. Harter. another witness called by the contestants being sworn states on Saturday that day Richard Boggess died. I went to his house. negro Rolly came to my fathers house for my father (George Harter) and myself stating that Mr. Boggess was much worse. my father had gone to Mr. Boggess. Mr. Joshua T Hawkins was at my house and Joshua T Hawkins and myself went to Boggess together. when I got there I went into the room where Boggess was and I think there was not person in there except my father and Caleb Boggess daughter & son and no others that I recollect. I enquired of them how Mr. Boggess was. they said he was very low and I think Boggess was asleep in a few minutes afterwards Doctor Hawkins came in the room and went to the bed side of Boggess and spoke to Boggess and asked him how he was getting and Boggess then woke up an talked with Hawkins for some time. I do not recollect all the conversation that passed between them. I remember Hawkins asked him if he Boggess had his business all arranged I don’t recollect Boggess reply Hawkins told him that it was time that he had. that he (Hawkins) din [sic] not think that he (Boggess) would live long. I did not pay much attention to the conversation. I then went out in the yard and was there for sometime. and while there Reeder come Reeder went on into the house and I remained where I was I was talking in the yard for some time after Reeder passed in when I went into the house I thought they were making preparations to write a will they were talking about it there were then present in the house so far as I can recollect Thomas J Reeder my father Henderson Robey Joshua T Hawkins and I think Wilkins I think Reeder and Hawkins came to me and asked me to write the will I replied they knew more about it than I did. at this time there was a good eal [sic] of confusion in the house talking ?co and I went out of the house again and remained out till Reeder had finished writing the will and then some person came to the door and said Mr. Reeder was going to read the will. and then all of us who were in the yard went into the house or the door I think Mr. Reeder raised Boggess up in the bed but whether it was before the will was read or afterwards I do not now recollect Reeder read the will to Boggess and asked Boggess it that would do. Boggess then asked Reeder if it would not be necessary to mention all the childrens names. and Reeder replied he thought that Phebe and her children implied all. several were then talking about the necessity of naming the children but I don not recollect what was said the table was then carried up to the bed side for Boggess to sign the will and Mr. Reeder handed Boggess the pen and took it and looked at the paper and remarked that he (Boggess) could not see and called for his spectacles Mr. Wilkins then I think it was got the spectacles and placed them on Boggess head. Boggess then took the pen and looked down and said he could not see the paper or something to that amount and Boggess handed the pen to Reeder and I think that Reeder then asked him if he (Reeder) should sign his (Boggess) name to the will whether Boggess replied or not I do not know I was back a short distance from the door some person then spoke (Mr. Hawkins I think) that Boggess was fainting or gone Boggess was then laid down on the bed. in a short time after that Reeder called on Joshua T Hawkins to sign the will and while Hawkins was writing his name witness left the house and went home. and in course of an hour returned to Boggess and remained there untill Boggess died. When I returned Boggess appeared to be asleep or in a fainting condition they all thought that he was dying at that time and Boggess remained in that sleepy or fainting situation until about 9 oclock in the evening when he died
question by Plaintiffs did Reeder write Boggess name to the will immediately after Boggess handed him the pen as you have stated and after he asked Boggess If he (Reeder) should sign his name to the will
Answer I cannot say whether he did nor not I did not pay much attention
question by same. are you a son of George Harter
Answer. I am said to be
question by contestants. Had Reeder finished writing Boggess name to the paper before or after it was stated Boggess was fainting or gone as you have stated
answer. He could not have finished writing if he had commenced when that was spoken
George B. Harter
Charles T Hedge another witness called by the contestants who being sworn states upon being interrogated. that he married a daughter of Caleb Boggess one of the Contestants. and that he now resides where the said Richard Boggess died. but did not reside there at the time of his death. and he further states as follows I was at the house of Richard Boggess on the morning of the day of his death. I asked him how he was. he replied if he could not get something to help him he could not stand it a great while after some further conversation. I left Boggess house. and in the evening about 3 or 4 oclock I am not certain as to the time word came to my house Mr. Boggess was dying. I went down to his house from my residence and when I got there I went in the house and saw Mr. George Harter and Mr. Joshua T Hawkins there might have been others. but I do not recollect of any. They were in the room where Boggess was. I asked Harter how Boggess was. George Harter stated that he thought that Boggess was dying. I went up to the foot of the bed where Boggess was lying. he laid with his eyes closed they had a table between the two beds Mr. Hawkins and Robey were setting down by the side of the table Mr. George Harter told me they were about commencing to write a will. Reeder was in the act of setting down to write I think and Reeder remarked that all who were not interested in the will must go out I did not consider myself interested and I and George Harter walked out. George Harter and I took took [sic] a seat on the platform before the door. we remained there untill I heard Reeder say that Boggess was asleep and requested some person. to wake him untill he (Reeder) read the will George Harter. and myself then stepped in the door and probably others at this time Boggess was laying down. after Reeder had read apart or the whole of the will. Boggess was raised up in the bed by George Harter and some other person a conversation then arose about Phebes children not being named in the will Reeder read over the will or that part of it and stated he thought it made no difference that Phebe and her children implied all. Mr. Reeder handed Boggess a pen to sign the will. and I think called for a book for Boggess to write on some one present got Boggess specks and placed them on Boggess head. I think Reeder handed Boggess the will and Boggess could not write there on the bed and some person brought a table to the bedside Boggess handed Reeder the pen and fainted and was laid back. Doctor Hawkins remarked that Boggess was gone in a short time after this Reeder called me on the witnesses to sign their names to the will Reeder then put the will in his pocket and I think left the house. Boggess then laid about an hour in his fainting situation we thought he was dying. I saw Mr. Boggess moove in the bed. I told George Harter to speak to Boggess George Harter asked Boggess if he were dry Boggess replied yes. and he asked Boggess if he wanted a drink and Boggess said he did I started to get him some water and met some person with water in a saucer and George Harter and myself then raised Boggess up in the bed or probably he was up in the bed before I got in Boggess drank some of the water & was laid back and turned himself in the bed with his face towards the wall and laid in the position untill he died
question by contestants. you have stated that Mr. Boggess fainted away at a particular time. had Mr. Reeder written Boggess name to the paper before he Boggess fainted away?
answer. I think not I think Reeder had not time to have done so from the time he got the pen
question by Plaintiff. who informed you at your house that evening that Boggess was dying?
answer. my black boy who had come up from Mr. Boggess
question by same what time did Reeder leave Boggess that day?
answer. In the evening I think about sun down I cannot state the time
question by same did Mr. Boggess speak after he fainted away as you before stated was he asked if he could recognize persons & what Boggess reply was.
answer-yes George Harter asked Boggess if he knew me Boggess replied that he did and that he (Boggess) knew every body. I was standing rather behind George Harter near the foot of the bed I looked around. Boggess had his eye open. but was not looking towards me
question by same. did that conversation between George Harter and Boggess take place after the signing of the will
answer. Yes it was about an hour after Boggess fainted away and the signing of the will
Charles T Hedge
Jesse Sturm a witness called by Plaintiffs being sworn
question by Plaintiffs. were you at Richard Boggess on the day of his death and at what time in the day
Answer I was at the house of Richard Boggess on the day of his death I went there about one or two oclock
question by same. whom did you see there
answer- there was no more persons there that I saw when I went I staid at Boggess about ¾ of an hour and George Harter come
question by same. had you any conversation with George Harter about sending after Benjamin J Brice to write Boggess will?
answer. I think not
question by same. do you know of any person being sent after Brice on that day to write Boggess will if so state who and at what time
answer yes Rolly a mulatto man immediately after George Harter entered the house of Boggess started after Brice discovering that Mr. Boggess would not live long. I asked the Black woman Phebe if Boggess had written a will she replied no I then turned around and asked Boggess whether it was not his intention to make a will. Boggess replied it was his intention to make a will. but said he thought it was time enough yet I then told him that he was going to die. then Boggess consented to have his will made at that time. I then immediately turned into the room when the black woman Phebe and Rolly were. Rolly having just come in at that time Harter came in I told Rolly to go and bring Brice as soon as possible to write Boggess will and Rolly started immediately and in a few minutes Henderson T Robey come in
question by same. if George Harter had have proposed to you after he came to Boggess to send for Brice to write Boggess will what would you have told him?
answer. I should have told him that I had sent for Brice to write Boggess will
question by same How long did you remain at Boggess after George Harter came
answer. about 25 or 30 minutes and probably a little longer
question by same. did you hear George Harter ask Phebe the black woman whether Brice had been sent for
answer. I did not
question by same. did you inform George Harter that you had sent for Brice to write Boggess will
answer. I cannot say that I so informed Mr. George Harter but he must have known it because he came in just as Rolly was about starting
question by same. who was at Boggess when you left there
Answer. there were no more persons except George Harter and Robey that I saw
Question by contestants. Was Rolly sent for George Harter before he was sent for Brice
answer. I do not know that Rolly was sent for Harter at all
question by same. did you present a subscription to Joshua T Hawkins for the purpose of raising money by white to prosecute this suit
answer. I have a knowledge that a subscribtion [sic] was presented to Doctor Hawkins but whether I presented it or not I cannot say
Jesse Sturm
Joshua T Hawkins being called by contestant upon being interrogated states when I was at George Harters as above stated negro Rolly rode up there and enquired for George Harter and being informed that George Harter was gone to Boggess he (Rolly) wheeled his horse and wheeled off. George B Harter and my self went down to Mr. Boggess sometime after Rolly left Harters and when George B Harter and I got to Boggess. Rolly was not there and I understood from some person that he had been sent for Brice to write Boggess will
question by same. did Jess Sturm a witness who has been examined in this cause ever present to you a subscription paper and request you to subscribe money towards the prosecution of a suit to establish the freedom of these negroes?
answer. he presented me a subscription for the purpose of raising money and I did not sign it I understood the object of the subscription was to raise money to free a Lawyer to attend to a suit for the negroes. I did not read the subscription but Jessie Sturm or Thornton T Martin explained it to me Martin talked more about it than Sturm this happened on a court day in the court house yard in a considerable crowd of persons
Henderson T Robey being called again by Plaintiffs in answer to a question by Plaintiffs states that when he got to Boggess as stated in his former testimony he met negro boy Rolly leaving Boggess on horse back found George Harter and Jesse Sturms at Bogges and Jesse informed him witness that boy Rolly had just gone after Benjamin J Brice to write Boggess will
Whereupon after the argument of cousel. the court doth order that the said paper writing be and the same in admitted to probate the nuncupative will of the said Richard Boggess deceased and that it be recorded as such and thereupon the said Caleb Boggess and Albertus Boggess prayed an appeal to the circuit Superior Court of this county from the order so made admitting the said paper to probate as containing the nuncupative will of the said Richard Bogges which appeal so prayed is allowed. upon the said Caleb or Albertus Boggess executing bond and security in the penalty of $100 conditioned according to law and thereupon the said Caleb Boggess with William J Milley his security in open court executed and acknowledged an appeal bond as above required
The foregoing is a true copy of the nuncupative will, of Richard Boggess deceased, together with the evidence taken upon the motion to admit the said will to probate. Teste Lindsey Boggess Jr DC
Sources
- 1844 Richard Boggess Will. Virginia, Marion County, Probate Court, Wills, Vol. 1, p. 62-97, 7 Mar 1844, digital image 45-62 of 209, FamilySearch.org ([1]: accessed 26 May 2023)
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