NameElizabeth M. Boughan 
Birth20 Feb 1781
Death2 Feb 1837
ResidenceEssex County, Virginia
Documentation
“Elizabeth M. Boughan was born the 20 day of February 1781” [Boughan family Bible at the Virginia State Archives, Acc. 24166]
An undated petition by orators and oratrices Gabriel, Mary, Elizabeth, Lucy, John and Major Boughan and Thos St John & Cary his wife & Catharine & Thos Boughan infants under 21 by John Boughan their next friend states that Major Boughan died in 1812 seized of several tracts of land & a water grist mill & slaves Sam, Ben, Bob, Dick, Latane, Cork, Braxton, Iverson, Tom, Hannah, Phillis, Polly, Delphy, Winney, Keziah, Teley & Rachel, leaving your oratrors and oratrices (except Thomas St. John) and Caston Boughan. [Essex County, Virginia, Box Chancery No. 27, item 27-G-47.]
On 18 January 1813, the Court of Essex County ordered the slaves of the estate of Major Boughan divided into ten parts (or to be sold if necessary and the proceeds divided into ten parts) equally to Gabriel Boughan, Mary Boughan, Elizabeth Boughan, Lucy Boughan, John Boughan, Major Boughan, Thomas St. John and Cary his wife, Catharine Boughan and Thomas Boughan (both infants), and Caston Boughan. [Essex County, Virginia, Box Chancery No. 27, item 27-G-46.] As a result of the order, Elizabeth Boughan received slaves Delphy and Ben and received a balance of £3 from Lucy Boughan. [Essex County, Virginia, Box Chancery No. 27, item 27-G-43.]
On 18 June 1817, pursuant to a decree in chancery court dated 18 January 1813, a division of the slaves belonging to the estate of Major Boughan was made by L. Booker, Carter Croxton, and James Montague, with equal distribution to Gabriel Boughan (slaves Latane and Hannah), Mary Boughan (slaves Cork and Taley), Elizabeth Boughan (slaves Delphy and Ben), Lucy Boughan (slaves Polly and Winny), John Boughan (slaves Tom and Kesiah), Major Boughan (slave Dick), Thomas St. John & Cary his wife (slaves Iverson and Philles), Catharine Boughan (slave Sam), Thomas Boughan (slave Bob), and Casten Boughan (slaves Braxton and Rachel). [Essex County, Virginia, Will Book 18, pages 426–427.]
On 19 [? date partly erased in source] June 1817, a final decree was handed down in a chancery court case. Plaintiffs were Gabriel, Mary, Elizabeth, Lucy, John and Major Boughan, Thos. St. John and Cary his wife, and Catharine and Thos. Boughan infants under the age of 21 by John Boughan their next friend, against Caston Boughan administrator etc. of Major Boughan deceased and in his own right. [Essex County, Virginia, Order Book 42, page 491.]
In about 1818, orators and oratrices Caston Boughan, Gabriel Boughan, Mary Boughan, Elizabeth M. Boughan, Lucy Boughan, Catharine Boughan and Thomas Boughan an infant under 21 by Caston Boughan his next friend complained to the Essex County Chancery Court that Major Boughan died intestate seised of a tract of land containing about 336 acres leaving your orators and oratrices and Cary C. Boughan who intermarried with one Thos St John and who has since died without leaving issue and Major James Boughan who has also since died and another son John Boughan. That the said tract be divided and that John Boughan be made defendant in the suit. On 21 September 1818, the court decreed that Robt G Haile, Henry H Boughan, Wm T Upshaw, Wm A Garnett, Washington H Purkins and Graves Burke or any three of them were to divide the lands among the eight heirs. On 15 February 1819, Thomas St. John filed for leave to file a bill of review in this case. On 19 April 1831 the decree was made final. [Essex County, Virginia, Box Chancery No. 37, item 37-I-27.]
On 21 February 1820, Castin Baughan, Gabriel Baughan, Mary Baughan, Elizabeth M. Baughan, Lucy Baughan, Josiah Minter and his wife Catharine, and Thomas Boughan sold the water grist mill and 5 acres surrounding it to John Horace Upshaw. This plat was “more particularly described in a survey and Plat recently made by Washington H. Purkins with the report of certain commissioners that divided the Lands of the late Major Boughan…” Caston, Gabriel, John, Josiah, Catharine, and Thomas signed; Mary, Elizabeth, and Lucy wrote Xs. [Essex County, Virginia, Deed Book 40, page 478.]
A loose paper from about 1823 from St. John vs. Boughan, marked “notes for plts” states that Major Boughan died in 1811. Defendants “admit that Major Boughan died intestate about the __ day of Augt 1812”. That “the plt T. St John married Cary B. [sic] after the decease of her father some time about the close of 1812. That she lived only until the __ day of Octr 1813. [The above also in 46-F-31.] Answer of the defendants dated 22 April 1824 signed by John Boughan, Thomas Boughan, Josiah Minter, Catharin [sic] Minter, Mary Boughan, Elizabeth Boughan, Lucy Boughan. [All very literate, nice looking signatures.] [Essex County, Virginia, Box Chancery No. 46, item 46-F-63.]
On 10 March 1824, in the case of St John v Boughan, with Thomas St John and James Howerton Jr, plaintiffs, against Caston Boughan in his own right & as admor of Major J Boughan deceased, Gabriel Boughan, Major Boughan, Elizabeth Boughan, Lucy Boughan, John Boughan, Josiah Minter & Caty his wife, Thomas Boughan & John H Upshaw, defendants, “The subpœna awarded in this case being returned, executed on the defendants Mary, Elizabeth, Lucy, John and Thomas Boughan Josiah Minter & Caty his wife and John H Upshaw and three months since filing the Bill and the service of the subpœna having elapsed, and they still failing to file their answers, the Bill of the plaintiffs is taken for confessed, as to those defendants, and the Court will proceed at a future day to decree the matter thereof, unless the said defendants, on or before the tenth day of the term next after they shall have been served with a Copy of this order shew case to the Contrary.” [Land Causes Volume 2, 1823–1831, Superior Court of Chancery, District of Fredericksburg, Virginia, page 43.]
In May 1824, Cary Turner willed property to her niece Elizabeth M. Boughan. [Essex County, Virginia, Will Book 20, pages 229–230.]
On 20 October 1826, in the Superior Court for the District of Fredericksburg, Virginia, in the case of John H. Upshaw, plaintiff, against Gabriel Boughan, Mary Boughan, Lucy Boughan, & others, defendants, “Upon motion made by counsel for the defendants Gabriel Boughan, Mary Boughan, Thomas Boughan, John Boughan, Elizabeth M. Boughan, Lucy Boughan, and Josiah Minter & Catharine his wife, to dissolve the injunction awarded in this cause on the 13th day of May 1825, the Court, after considering the Bill, & answers of the said defendants, and hearing counsel in opposition thereto, doth overrule the said motion.” [Chancery Order Book 1825–1827, Superior Court, District of Fredericksburg, Virginia, page 271.]
On 12 May 1827, in the Superior Court for the District of Fredericksburg, Virginia, in the case of John H. Upshaw, plaintiff, against Gabriel Boughan, Mary Boughan, Elizabeth M. Boughan, Lucy Boughan, John Boughan, Josiah Minter & Catharine his wife, and Thomas Boughan, defendants, “This cause came on to be heard upon the bill and answers, and was argued by counsel. On consideration whereof the Court doth adjudge, order and decree, that the injunction awarded the plaintiff in this cause on the 13th day of May 1825, to stay execution of a judgment recovered against Edwin Upshaw co-obligor with the plaintiff, by the defendants, in the Superior Court of Law for the county of King & Queen, be dissolved, that the bill of the plaintiff be dismissed, and that he pay to the defendants the costs by them in their defence expended.” [Chancery Order Book 1825–1827, Superior Court, District of Fredericksburg, Virginia, page 385.]
In 1828, a case was brought to the Essex County chancery court between John Boughan, Lucy Boughan, Elizabeth Boughan Josiah Minter and Catharine his wife Marinda Boughan and John Thomas Boughan an infant by the said Marinda his mother & next friend and Henry C. Boughan an infant by Josiah Minter his next friend, plantiffs, against Gabriel Boughan. The plaintiffs complained that Mary Boughan had died intestate and without issue in 1827, seized of a small tract of land of 55 acres in the county, leaving orators John Boughan, Elizabeth Boughan and Gabriel Boughan her only brothers and sisters of the whole blood, and oratrix Catharine Minter only sister of the half blood, and Henry and John Thomas Boughan children of Thomas Boughan, who died in 1827 after Mary, a brother of the half blood. The will of Thomas Boughan filed as an exhibit. The plaintiffs request that the land of Mary Boughan deceased be sold at auction to the higest bidder. The answer of Gabriel Boughan to the bill agrees with the allegations. The court decreed on 16 June 1828 that “her land is of so little value” and would be worth less than $300 if divided, that it is ordered to be auctioned. [Essex County, Virginia, Box Chancery No. 37, item 37-I-25; Essex County, Virginia, Order Book 46, pages 374–375.]
On 16 June 1828, in the case of John Boughan, Lucy Boughan, Elizabeth Boughan, Josiah Minter and Catharine his wife, Marinda Boughan and John Thomas Boughan an infant by the said Marinda his mother and next friend and Henry C. Boughan an infant by Josiah Minter his next friend against Gabriel Boughan, the Chancery Court of Essex County decreed that the lands of which Mary Boughan died seized were to be sold at auction to the higest bidder and that one fifth of the proceeds were to be delivered by bond to each Gabriel, John, Lucy and Elizabeth, and that bonds for one tenth were to be delivered to Josiah Minter and Catharine his wife and to Marinda Boughan, except that the last bond was not to be given until Marinda had provided a bond to pay the same at her death or marriage to the infant plaintiffs. The land was sold at auction on 25 September 1828 and purchased by Elizabeth and Lucy Boughan for $311.25. Bonds were issued to the parties; Marinda’s was delivered to the court. The commissioner’s report was returned on 13 February 1830. [Essex County, Virginia, Box Chancery No. 37, item 37-I-23.]
1830 U.S. Census, Essex County, Virginia:
Written page 121
Boughan, John
1 male under 5 [this could be John T. Boughan]
1 male 5-10
1 male 20-30
1 male 40-50 [this would be John Boughan]
1 female under 5 [this could be his daughter Elizabeth]
1 female 5-10 [this could be his daughter Elizabeth]
1 female 15-20 [this would be his daughter Lucy]
2 females 20-30 [could be Frances, Lucy, or Elizabeth]
2 females 40-50 [could be Frances, Lucy, or Elizabeth]
23 slaves lived with this family.
On 5 October 1830, in the Superior Court for the District of Fredericksburg, Virginia, in the case of Thomas St John, and James Howerton in his own right and as administrator of Casey Ann St John deceased, plaintiffs, against William Ransome executor of Thomas Boughan deceased, who was administrator of Castin Boughan deceased, who was administrator of Major J Boughan deceased, Marenda Boughan, Henry C Boughan and John T Boughan infants by John Stanard assigned their guardian, Gabriel Boughan, Elizabeth Boughan, Lucy Boughan, John Boughan, Josiah Minter and Catharine his wife, James Croxton and George Crow executors of Thomas Crow deceased, and John H Upshaw, defendants, “It being suggested that Josiah Minter who intermarried with Catharine Boughan, and George Crow one of the executors of Thomas Crow deceased, are dead, this suit abates as to them, and the decrees nisi awarded in this cause at rules on the amended bill, being returned executed on all the other defendants except the infants, and they still failing to appear and answer the said amended bill is taken for confessed as to them: and this cause came on to be heard upon the original and amanded bill answered of John Boughan &c to the original bill and of the infant defendants to the amendment thereto, and exhibits, and was agreed by counsel on consideration whereof the court doth adjudge, order and decree, that James Semple, Henry H Boughan, George Hill, Muscoe G Wood and Washington H Purkins who are hereby appointed commissioners for that purpose any three or more of whom may act, attended by surveyor if necessary, divide the lands whereof Major Boughan died siezed and possesed into ten lots of equal value taking into the estimate quality and improvements as well as quantity, including also the lands on which the water grist mill in the plaintiffs bill mentioned is situated, and allot to the plaintiffs one tenth part thereof it being the proportion to which the plaintiff Thomas St John is entitled as tenant by that curthesy, and another tenth part thereof to the distributees of Major J Boughan deceased, which they are to subdivide into nine lots of equal value having a due regard to quality and improvements as well as quantity and allot one ninth part thereof to the plaintiffs it being the proportion to which the plaintiff Thomas St John is entitled as the only heir of his daughter Casey Ann St John who was one of the distributees of the said Major J. Boughan deceased — and the court doth further adjudge, order and decree that an account of the rents, issues and profits of the lands whereof the said Major Boughan died seized and possessed which have accrued subsequently to the year 1818, including the rents & profits of the water grist mill, be taken by one of the commissioners of this court; and that William Ransome executor of Thomas Boughan who was administrator of Castin Boughan deceased, do render before the same comissioner an account of the administration of the said Castin on the estate of the said Major J Boughan deceased, and also an accont of the said Thomas Boughan deceased administrator de bonis non of the said Castin Boughan deceased; which accounts the said commissioner is hereby directed to state, settle and to the court report together with any special matter deemed pertinant by himself or which may be required by either of the parties to be so stated.—“ [Chancery Order Book 1830–1831, Superior Court, District of Fredericksburg, Virginia, pages 167–168.]
The estate of Cary Turner in account with Thomas Purkins, executor, from 1825 to 1830, and the estate of John Turner, deceased, in account with Thomas Purkins, administrator, from 1826 to 1830 were ordered recorded 18 April 1831. Includes from Cary’s estate 1/9 share payments ($41.72) to distributees in November 1830: Mary Boughan’s administrator, Elizabeth Boughan, Lucy Boughan, Gabriel Boughan, John Boughan, James Croxton for Sally Crow’s part who was Sally Boughan, W.H. Purkins administrator of Thomas Boughan, ditto the administrator of Josiah Minter who married Caty Boughan; and the heirs of James Boughan (1/4 of 1/9 or $10.43): James Boughan, Mary Boughan, Benjamin Boughan, and Austin Boughan. [Essex County, Virginia, Will Book 22, pages 270–274.]
On 11 January 1831 an action took place between (1) James Howerton in his own right and also as administrator of Cary Ann St. John and trustee for Thomas St. John, and (2) “Gabriel Boughan, John Boughan, Elizabeth M. Boughan Lucy Boughan, Washington H. Purkins as admr. of Josiah Minter decd. William Ranson as Executor of Thomas Boughan decd. Gabriel Boughan as administrator of Mary Boughan decd. William Ransan Executor of Thomas Boughan decd. who was administrator of Caston Boughan decd. and to each and all his legal representatives…” By a decree in Chancery Court of Fredericksburg on 15 October 1830, James Semple, Henry H. Boughan and George Hill were appointed commissioners “to divide the Lands whereof Major Boughan Serv. died Seized as well as to subdivide the lands which Major James Boughan who was an heir & distributee of his decd. Father Major Boughan was entitled to by virtue of the same.” The three commissioners went with a surveyor “to lay off and divide the the [sic] lands as therein directed, and the parties interested being present in person & by agent or other representative, and believing it would be to their interest not to divide the lands by metes & bounds, did on the day aforesaid and in the presence of the Commissioners aforesaid agree mutually with themselves as well as with the aforesaid James Howerton in his character aforesaid to pay to him in money the sum of one hundred and fifteen dollars, of which sum each distributee agreed to pay their and each of each respective portions.” In exchange, James Howerton, in action for himself and his trustees, etc., quit any claim to the land. [Essex County, Virginia, Deed Book 43, page 327.]
In the name of God Amen I Elizabeth M Boughan do make this my last will and Testament in manner and form following, I lend to my Sister Lucy Boughan my whole estate both real and personal during her natural life, and after her death I give to Elizabeth Ann Boughan a negro boy named Heritage to her and her heirs forever. I give to Frances Ann Boughan a negro Girl named Margery to her and her heirs for ever. I give to my friend Philip Montague one hundred dollars to him and his heirs for ever. I give to my Brother John’s son John Boughan a negro man named Thom to him and his heirs for ever. I give to my brother John Boughan all my land to him and his heirs for ever. It is my will further that the balance of my estate to equally divided between my Brother Gabriel Boughan, Brother John Boughan and my sister Catharine Minter to them and their heirs for ever. I nominate and appoint my friend Philip Montague Executor to this my last will and Testament, as witness my hand and seal this Twenty fifth day of Decr. one thousand eight hundred and thirty two—
Elizabeth M her x mark Boughan
Witnesses: James Semple, George Hill, Wiley Fogg
On 20 February 1837 proved by George Hill and James Semple.
[Essex County, Virginia, Will Book 24, page 99.]
On 10 November 1835, Elizabeth Boughan purchased property at the sale of the estate of Gabriel Boughan, deceased. [Essex County, Virginia, Will Book 24, pages 1–2.]
“Elizabeth Boughan departed this life Feb 2d 1837” [Boughan family Bible at the Virginia State Archives, Acc. 24166]
On 20 February 1837, Philip Montague and Robert G. Haile were bound in the penalty of $12,000 for Philip Montague’s execution of the will of Elizabeth M. Boughan. [Essex County, Virginia, Will Book 24, page 100.]
On 25 February 1837, an inventory and appraisal of the estate of Elizabeth M. Boughan, deceased, was made by George Hill, Henry H Boughan, and Richard P Banks. Includes:
A man Harrison $900
A man Tom 800
A man Heritage 900
A man Squire 600
A Girl Charlotte 200
A Girl Margery 475
Total valuation $3,938.25.
[Essex County, Virginia, Will Book 24, page 108.]
On 27 June 1838, Lucy Boughan was bound unto Philip Montague, executor of Elizabeth M. Boughan, in the penalty of $1,000. The condition is such that whereas the said Philip Montague hath delivered up to the above named Lucy Boughan all the property belonging to the Estate of Elizabeth M. Boughan, deceased, consisting of Slave and personal property which amount to the sum of Three thousand nine hundred and thirty eight Dollars and twenty five Cents. Now if the above bound Lucy Boughan shall pay to the said Philip Montague all Costs and expenses which shall hereafter accrew and of debts which which may be established against him as Executor as aforesaid, then the above obligation to be void. Signed Lucy her x mark Boughan. Witness: M. G. Wood. [Essex County, Virginia, Will Book 24, page 303.]
The estate of Elizabeth M. Boughan, deceased, in account with Philip Montague, executor, from 1837 to 1838 was ordered recorded on 20 August 1838. Includes payments to George Dobyns, Philip Montague, Dr. Brockenbrough, Marinda Boughan, Gabriel Boughan, Catharine Minter, George Taylor, George Wright, Washington H. Purkins, and Frances Boughan. [Essex County, Virginia, Will Book 24, pages 318–319.]
In the 1840s, orator and oratrice Charles L. Boughan guardian of John T. Boughan and Catharine Boughan petitioned the Court of Chancery. That their aunt Elizabeth M. Boughan died testate and made a bequest to her sister Lucy Boughan who died later that year testate, also leaving to her sister Catharine Minter and brothers John and Gabriel both of whom predeceased her so as to their shares she died intestate. [Essex County, Virginia, Box Chancery No. 40, item 40-J-9.]
On 27 October 1843, orator Philip Montague executor of the last will and testament of Elizabeth M. Boughan deceased and of Lucy Boughan deceased complained that the said Elizabeth M. Boughan died on or about 2 February 183[blank] having left a last will and testament making various bequests. But she survived her brothers Gabriel Boughan and John Boughan, to whom bequests were made. The said Elizabeth M. was not much in debt, and debts and legacies have now been paid. The said Lucy died about 4 October 1841 having left a last will and testament in which she gave to her sister Elizabeth M. Boughan and to Gabriel and John, all of whom predeceased her. Both Elizabeth and Lucy died unmarried and without issue. Their heirs are Thomas Boughan, Caston Boughan and Elizabeth Ann wife of Silas Conaly children of Gabriel Boughan deceased a brother of the whole blood; Lucy M. wife of Richard Shearwood, Frances Ann wife of Ephraim Beazley, Charles L., Carey, John T and Catharine Boughan children of John Boughan deceased a brother of the whole blood; Catharine Minter a sister of the half blood; Henry Caston and John T. children of Thomas Boughan a brother of the half blood. For division of the estate. Filed as Montague vs. Minter. All answers were filed on the same day. [Essex County, Virginia, Box Chancery No. 49, item 49-E-25.]
The estate of Lucy Boughan decd in account with Philip Montague, executor, from 1844 to 1845, as well as articles acknowledging the settlement of the estate of Elizabeth M Boughan and Lucy Boughan, were ordered recorded on 19 May 1845. Lucy’s accounting mentions several bonds due from Catharine Minter and Thomas Boughan, and a bond due from R. P. Banks for amt: of his bond with H. H. Boughan Security for hire of Harrison in 1843. Includes distributions to legatees due from the estate, including Catharine Minter; legacies to Gabriel Boughan & John Boughan having lapsed; The Children of Gabriel Boughan to wit: Thomas & Caston Boughan & Silas Conoly in right of his wife Elizabeth; The Children of John Boghan decd to wit: Richd Shearwood in right of his wife Lucy M, Charles L. Cary, John & Catharine Boughan, and Ephraim Beazley in right of his wife Frances Ann; The Children of Thomas Boughan to wit: Henry C. and John Boughan. The parties entitled to Lucy Boughan’s estate are identically the same entitled to those of E M Boughan. In a number of documents that follow, Catharine Minter acknoweldged that she received her portion in full from Philip Montague as executor of the estates of Elizabeth M and Lucy Boughan; Caston Boughan, Thomas Boughan and Silas Conely in right of his wife Elizabeth acknowledged that they received their portion in full; Charles L. Boughan, Richard Shearwood in right of his wife Lucy M. and Ephraim Beazley in right of his wife Frances Ann acknowledged that they received their portion in full; Washington H Purkins agent for William Ransome of the County of Buckingham who is guardian of Henry C. Boughan and John Thomas Boughan children of Thomas Boughan decd acting by power of attorney acknowledged that he received their portion in full; Frances Boughan for her wards Cary C. John T. & E Catharine Boughan acknowledged receipt of their portion in full; and C. L. Boughan acknowledged that he received his portion in full. [Essex County, Virginia, Will Book 25, pages 382–386.]