Tag Archives: Catherine Butler

1788 Will of Francis Lucas Jacoby

Francis Lucas Jacoby, born in Germany, came to America about 1764 via England.  Married Frederica Lotspeich, a fellow passenger, in 1764 in London.  The family lived in Culpeper County, Virginia, during the Revolutionary War, in which Francis was part of the militia.  Moved to Kentucky after 1783.

Bourbon County, Kentucky – Will Book A, Pages 8-9

In the name of God, amen.  I, Francis Lucas Jacoby, of the County of Bourbon and State of Virginia, of sound sense and memory, do make, constitute and ordain this my last will and testament, and hereby revoke all and every will heretofore by me made or ordered to be made.  I first desire that all the debts which I justly owe to all men be faithfully paid agreed to contract.  I secondly dispose of my worldly property, both real and personal,in the following manner.  I leave in possession of my beloved wife, Frederica, during her real life, the plantation whereon I now live, with the appurtenances thereon for the purpose of raising my small children.

Item.  It is my will that my hereafter mentioned shall proceed to have all my personal estate, valued immediately after my death.  And after giving my wife her first choice of a part equal to that the estimate be equally made and that each of my following children as respectively come of age and choose shall of my Executor hereafter named the sum such valuation shall amount to provided that no such demand during the natural lifetime of my wife as it is my will that all the property she is to keep for the purpose of raising my small children, be continued in her possession, disposal at will.

Item.  It is my will and desire that my lands be equally as near as may be in value among all my children, viz., Katrina, Elizabeth,

Susanna, Ralph of ?, Frank, Henry, Frederick, Daniel, Betsey, Jacob, Rachel, John and Adam, and that after such division each legatee as they come of age may have full and free possession of such part as shall fall to their respective lot.  I further constitute and appoint as Executor, to this my will for the sole purpose of executing the true intent and meaning thereof, my beloved wife, Frederica, my trusty friends, John Grant and William Butler.  In witness whereof I have set my hand and seal this twenty-seventh day of May in the year of our Lord one thousand seven hundred and eighty-eight.

Francis Lucas Jacoby

Signed in the presence of John Hopper, Joe Mosby, Catherine Butler

At a Court held for Bourbon County at the Courthouse on Tuesday the 15th day of July 1788.

The last will and testament of Francis Lucas Jacoby, deceased, was proved by the oaths of John Hopper and Catherine Butler, witnesses thereto and ordered to be recorded.  And on the motion of Frederica Jacoby, named and appointed executrix in the last will and testament of Francis Lucas Jacoby, and also John Grant, gentleman, and William Butler, who were also named executors in said will, they having agreeable to law qualified as Executors of said Jacoby, deceased, and together with John Hopper, their security, entered into and acknowledged bond in the penalty of one thousand pounds.  Certificate is granted them for obtaining Probate thereof in due form.

Test. John Edwards, Cl. B. C.

Women Should Have Written Wills!

Shall I make a declaration?  Women should have written wills instead of men!  This will of Nancy Botts of Montgomery County, gives us a lovely description of the property she leaves to various siblings and their children.  It is a wonderful case example as to what was used during this time period – the will was written and proved in the fall of 1843.  The Delph dishes, plates and shallow plates, tablecloths, linen and cotton sheets and pillow slips, sugar bowl, salt and pepper cellars, tea cups and saucers of china, a hymn book and other books – which I wished she had named.  Nancy Botts lists the patterns of the quilts she gives away – wild geese (a pattern with many triangles), rising sun (envision it just the way it sounds), mountain lily (usually a flower) and a hexagon quilt.  What a vision we can behold as we see all these items laid out to give to family members.

But the most important item in her list was giving freedom to her slave girl – who really is a woman with eight children.  Susan was fifteen in the inventory of Joseph Botts in 1814 – in 1843 a woman of forty-five.  The eight children are to be hired out until the age of twenty-three and at that time they will receive their freedom.  Hired out only to ‘good and humane person’ and not to be sent out of Montgomery County.

Nancy Botts is a sister to Robert Botts, two recent posts have been his will and gravestone.  They were the children of Thomas Joseph Botts and Catherine Butler.  Nancy was a younger child, being fifteen years younger than her brother Robert.  She never married.  The sister from whom she received items at her death was Frances Botts, who married who presumably married a Smith.  Frances’ one son, Aaron Botts Smith, was named for her brother Aaron.  Frances died in 1824 when Aaron was an infant.

In the name of God Amen.  I, Nancy Botts, of the County of Montgomery and State of Kentucky, being of lawful age and sound mind, but calling to mind the mortality of body, do make and constitute this my last will and testament.

First.  My will and desire is that my servant girl, Susan, which I received of my father’s estate as my part thereof, shall be free from the slavery of any person or persons after my decease, provided she should be the longest liver.

Second.  My will and desire is that Lewis, Martha, Daniel, Jane, Zerilda, Maria, Sidney and Nancy, my servants and children of the aforesaid girl, Susan, shall be hired to good and humane persons until they arrive at the age of twenty-three years, at which age they shall be set free from slavery or servitude if my executors may think proper to do so.

Third.  My will and desire is that the aforesaid children shall not be taken out of the County of Montgomery in the State of Kentucky before they are set free.

Fourth.  My will and desire is that all of my just debts shall be paid out of the money accruing from the hire of the aforesaid Negroes, and in case the said girl, Susan, shall become disabled so she is likely to suffer she shall be relieved by reasonable allowance made out of the hire of her children.

Fifth.  My will and desire is that the balance of the money arising from the hire of the said Negroes shall be equally divided between my brother, Robert Botts, and my sister, Sabina O’Rear.

Sixth.  My will and desire is that my brother, Robert Botts, my nephew, Harrison O’Rear, and my nephew, Joseph B. O’Rear, be executors to this my last will and testament, that they have charge and care of the said Negroes until

they arrive at the age of twenty-three years and that they provide and do for them in the best manner, so they shall not be mistreated or abused.

Seventh.  I give and bequeath unto my sister, Sabina O’Rear, my bed, yarn, counterpane and blankets.

Eighth.  I give and bequeath unto my nephew, Aaron B. Smith, the following articles which were given me by his mother, one bureau, two toilets, five tablecloths, six towels, one pair of cotton sheets, one pair of cotton pillow-slips, one pair of linen pillow slips, two quilts, one bed stead, six silver tea spoons, three pitchers, three bowls, three salt cellars, two waiters, one canister, three cream pots, one sugar bowl, five tea cups and saucers of china, five cups and saucers of Delph, two pepper boxes, one cruet, pot, one set of deep plates, one set of blue shallow plates, sixteen blue-edged shallow plates, seven butter plates, one sugar box, one looking glass, one hymn book, three finger rings, one ear ring, one little basket, which I want him to recollect was once his dear mother’s property.

Ninth.  I also give and bequeath unto my nephew, Aaron B. Smith, my toilet waters, rising sun counterpane, hexagon quilt, two pair of cotton pillow slips, two pair of cotton sheets, ten red flowered plates, two white plates, six glass tea plates, two large glass tumblers, two little gilt cups, one pitcher, two trunks, and five towels, one mountain lily quilt, one wild goose quilt, one tea kettle, one brass skillet, one smoothing iron, two brass candlesticks and all of my books.

Tenth.  I give and bequeath unto Sarah Butler all the rest of my property to do as she may think best with.

In testimony whereof I have hereunto set my hand and affixed my seal this thirty-first day of October one thousand eight hundred and forty three.

Nancy Botts

Witness James R. Botts, Amy G. Botts

State of Kentucky, Montgomery County                               November Term 1842 [1843]

A writing purporting to be the last will and testament of Nancy Botts, deceased, was this day produced in open court and proven by the oaths of James R. Botts and Amy G. Botts, witnesses thereto, to be her act and deed, which was examined by the Court, approved and ordered to be recorded, which is accordingly done.

ATT. James Howard, Montgomery County Clerk

Will Book E, Pages 81-82

Robert Botts and Wife Buried In Machpelah Cemetery

Yesterday’s post was the will of Robert Botts of Montgomery County, Kentucky.  Today I would like to share more information about him and his family.

According to the 1850 census record of Montgomery County, Robert Botts was born in Virginia.  He was born November 25, 1779, to Joseph and Catherine Butler Botts.  I could find no mention of Joseph Botts as a Revolutionary War veteran – although he was of the age, born June 23, 1748.  In the 1810 census of Montgomery County five Botts – all on the same page.  We have Joseph Botts, with a male and female of ‘over 45 and upward’ – I’m sure Joseph and Catherine.  Robert, Joshua, Charles and Lawrence Botts are listed with their families – brothers, and sons of Joseph and Catherine.

There is a Peter Tolin listed on the same page.  Could this be Elizabeth Tollson’s father?  Robert married Elizabeth Tollson July 9, 1809, in Montgomery County.

Joseph Botts died in April 1814 in Montgomery County.  I could not find a will, but did find an inventory.  There are eight slaves named in the inventory, with their ages – Robert, aged 67; Henry, aged 45; Henry, aged 57; Peggy, aged 51; Susan, aged 15; Sidney, aged 12; Daniel, aged 10; and Robin, aged 4.  This could be important information for those looking for their black ancestry, slaves are not always named.

Another interesting tidbit in the inventory of Joseph Botts is the list of books – ‘Sundry volumes of Laws of Congress containing the acts until 1804, two books containing a number of the Virginia laws, Bible, dictionary and song book.’

Son Robert died in 1855, at the age of 75.  In his will, Robert named eight children – Benjamin Tollson, Nancy, Joseph, Amy Greene, James R., Catherine, Elizabeth and George Botts.  In the 1850 census only the youngest three are living with their parents.  Robert is 70; Elizabeth, 60; Catherine, 27; Elizabeth, 24; and George, 22.

Benjamin Tollson Botts married Mary Coleman Williams.  Nancy Botts married James C. Wells.  Nancy died June 15, 1853.  She left two young sons, Christopher and Benjamin Wells.  Joseph Botts married Julia Ann Myers.  Amy Greene Botts married Harrison O’Rear.  James Robert Botts married Mary Matilda Everman.  Catherine Botts married Milton McClure.  Elizabeth Ann Botts married Joseph B. O’Rear.

Robert Botts, born November 25, 1779, died September 4, 1855.  Machpelah Cemetery, Mt. Sterling, Montgomery County, Kentucky.

The 1855 Montgomery County Deaths shows Robert Botts, male, married, farmer, residence Montgomery County, born Virginia, son of Joseph and Catherine Butler Botts, died in Montgomery County on September 4th of apoplexy.

Elizabeth, wife of Robert Botts, born August 18, 1790, died April 21, 1858.

Wife Elizabeth lived an additional three years, dying April 21, 1858.  They left many descendants.

Robert’s flat gravestone is on the left, Elizabeth’s above-ground stone on the right.