John Boughan was mentioned in the 14 January 1711 will of his grandfather James Boughan: “Seventhly I give & bequeath unto my beloved Grandson James Boughan the Son of my Son James Boughan all my Land & Plantation whereon I now live together with my Water Mill And all that Tract of Land that I bought of ye Holts together with my old Plantations wth ye Ippurtences thereunto belonging I give & bequeath unto my sd loving Grandson and the issue of his Body lawfully begotten and for want of such Issue to my Grandson John Boughan the Son of my Son James Boughan & to the issue of his body lawfully begotten” [Essex County, Virginia, Deed Book 14, pages 76–77.]

John Boughan is mentioned in the will of his father James Boughan as James’s eldest son. The will is dated 21 November 1721 and was probated 19 June 1722. He received the plantation on which his father was living. [Essex County, Virginia, Will Book 3, pages 305–306.]

On 26 January 1729, John Boughan of the parish of Southfarnham and County of Essex sold to Joseph Man of the same. Lease. For 100 pounds of tobacco, 100 acres bordering Capt Rubin Wellch, where the said Boughan now lives. Signed John his x mark Boughan. Witnesses: Thos Barker, Ambe Jones, Francis Jones. Ordered recorded 21 July 1730. [Essex County, Virginia, Deed Book 19, pages 125–127.]

On 17 May 1731, John Boughan witnessed a deed from Francis Brown of the parish of Southfarnham and County of Essex to Henry Boughan junior of the same. [Essex County, Virginia, Deed Book 19, pages 200–201.]

In 1732, John Boughan filed a lawsuit against his cousin Augustine Boughan over property that had been sold by John’s father James Boughan. According to the 1711 will of Major James Boughan, John was to have received about 800 acres acres of land with a water grist mill, but in 1712 John’s father James Boughan, acting as the heir of Major James Boughan, sold the property to his brother John Boughan. After John’s death the property descended to his son Augustine. John’s action against Augustine in 1732 was successful, but in 1747 Augustine was able to again possess the property in a new suit. The trail contains a note transcribed from the Parish Register stating that Augustine Boughan, son of John and Susanna Boughan, was born 8 October 1716. [Essex County, Virginia, Land Trials 1741–1760, pages 114–125.] John Boughan eventually recovered the property.

On 18 March 1734/35, John Boughan of the County of Essex and parish of Southfarnham sold to Henry Purkins. For £20, land on Piscataway Creek “beginning by the South side of the sd. John Boughans Mill pond at the mouth of a Small branch of Sarah Boughan thence down the sd. branch to the mouth, thence down the great branch to the main Swamp the sd. branch dividing this land from the land of Colo. John Robinson Esqr. Thence up the sd. main Swamp to the beginning branch containing by Estimation seventy acres be the same more or less…” Signed John Boughan. Witnesses: Francis his F mark Brown, William his $ mark Akers, John Coffey, John Griggs junr. On 18 March 1734, John Boughan acknowledged this is to be his deed and then Cary the wife of the sd John freely & voluntarily relinquished her dower of and in the Land, and the deed ordered to record. [Essex County, Virginia, Deed Book 20, pages 252–253.]

On 3 May 1735, John Boughan was mentioned as a landowner bordering lands of William Acres in a sale of land from Acres to Charles Burnett, “Begining at a white Oak standing near the head of the mill dam Called Boughans mill being the Corner between the sd William Acres and John Boughan from thence along the dividing Line Btween the sd William Acres and John Boughan to the Road leading to Boughans mill so along the sd road to the Line Called Freemans line…” [Essex County, Virginia, Deed Book 21, pages 55–56.]

On 6 March 1735/36, John Burnett, Thos. Burnett, John Boughan, Abner his x mark Boughan, and Eliza her E mark Caston witnessed a deed from Charles Burnett of the County of Essex and parish of Southfarnham to Henry Purkins Junr. of the same. On 16 March 1735 at a Court held in Tappahannock, John Burnett, John Boughan, Abner Boughan & Elizabeth Caston made oath that the did see Charles Burnett sign, seal & deliver this Indenture which is admitted to record. John Boughan was mentioned as a neighboring landowner in this deed: For £26 current money of Virginia, a parcel of land lying in the aforesaid County and parish lying on the head of Pescatway Creek above Boughans mill on the main Swamp (it being all that same parcell of land that I lately boughan of William Akers) and bounded as follows Begining at a white oak corner on the So. side of the sd. Boughans mill Swamp that devides this land from the sd. Boughans land Thence along the sd John Boughans line to a branch and up the branch to a corner popler of the said Boughans thence along a line that devided this land from a parcell of land that James Boughan decd bought of William Acres decd whereon Ann Smith now liveth) to the land of Thomas Evatt decd thence along the sd Evatts line down to the aforesd mill Swamp then down the said Swamp to the begining white oak, one hundred and one acres be it more or less. [Essex County, Virginia, Deed Book 21, pages 133–135.]

On 15 March 1735/36, Joseph Burnett, John Boughan, Reuben his RB mark Boughan witnessed a deed from Thomas Hudson of the County of Essex and Southfarnham parish to John Griggs of the same. On 16 March 1735/36 at a Court held in Tappahannock, Joseph Burnett, John Boughan and Reuben Boughan made oath that they did see Thomas Hudson sign the Indenture. [Essex County, Virignia, Deed Book 21, pages 146–148.]

On 6 October 1745, a John Griggs of the County of King and Queen and Parish of St Stephen leased to John Boughan of the County of Essex and Parish of Southfarnham. For 5 shillings, 200 acres in Southfarnham parish bordering the lands of Thomas Burk, Ben Johnson, and John Burnett. Released on 7 October 1745 for £90. Signed John Griggs. Witnesses: Edward Spence, Jno Wright, Edward Trrile [Trible?]. Ordered recorded 21 January 1745. [Essex County, Virginia, Deed Book 19, pages 5–8.]

In 1746 John Boughan leased Boughan’s Mill for 21 years to Ben Johnson and his heirs.

On 21 March 1749, John Boughan served on a jury in a land trail case between Thomas Dix and James and Ann Campbell. [Essex County, Virginia, Land Trails 1741–1760, pages 111–113.]

On 19 February 1750, John Boughan of Essex County, planter, mortgaged to John Robinson of King and Queen County, esquire. John Boughan and Cary his wife had sold 23 acres to John Robinson, deceased, of Essex on 16 August 1749. The land has been inherited by his eldest son John Robinson of King and Queen who is “apprehensive” that John Boughan did not have legal title to the land. John Boughan conveys in mortgage 100 acres as collateral security land on which John Boughan’s father James formerly lived. John may continue to use the land. Signed John Boughan. Witnesses: James Gray, H Young, Edmd Pendleton. Recorded 19 February 1750. [Essex County, Virginia, Deed Book 25, pages 121–125.]

On 7 August 1750, John Boughan witnessed a deed from Henry Evans & Sarah his wife of the parish of Southfarnham in the County of Essex, planter, sold to Waters Dunn of the same, Merchant. [Essex Couny, Virginia, Deed Book 25, pages 94–97.]

The following information here and below on the suit is from notes by Agnes Andrews, from Land Trials, 1741-1760, p. 115: 15 March 1747, jury trial. Certain depositions had been taken of Robert Coleman, John Chamberlayne and Anne Atkins on (?) Aug. Court 1712. Robert Coleman deposed that on Jan 14, 1771 — Maj. James Baughan (late dec’d) had sent for him (the deponant) and said he wanted to destroy a will he had already made an make another saying [and here followed the will of James Boughan (RIN 645)…Maj. James Boughan asked his witnesses to take notice that he was not mad nor drunck but in his right senses. Then they burnt the old will. Jury returned the verdict “We find that Major James Baughan Late of this county dec’d was seized of 620 acres of land which is now in dispute & departed this life so thereof seize we find that the sd James Boughan made his Last Will & Testament in writing some time before his death which after his death was found in his house but the purport of the said Will we know not — We find that James Boughan eldest son & heir of the sd James Boughan dec’d entered into & possessed himself with the said land after his father’s death & being so seized made sale of the same for a valuable consideration to his Brother John Boughan [of St. Anne’s?] father of the now plaintiff [Augustine] by deed bearing date the 12th day of Feby 1712 hereto annexed which deed is in these words — James Boughan sen[ior] of South Farnham — son of James to John Boughan of St. Ann’s for 50 lbs sterling toward payment of debts of James Boughan dec’d. Granted to John Boughan 620A. which was granted to Richard Holt by patent dated Nov. 4, 1695 & which Rich & Wm Holt sold to James Boughan by deed Feb. 2, 1705 — parcel lying beginning at King’s Swamp below Piscataway Mill adj Oliver Segar” etc. Final verdict said that John was guilty of tresspass and was ejected, with one shilling sterling and costs penalty.

On 2 April 1751, John Boughan petitioned the General Court in Williamsburg, instigating a years-long case known as Boughan v. Boughan:
To the Honble Lewis Burwell Esquire President of his Majestys Council and Commander in Chief of the Colony and dominion of Virginia and to the other Judges of the General Court of the said Colony and dominion In Chancery
Humbly Complaining Shewith unto your Honors your Oror John Boughan of the County of Essex that one James Boughan late of the County of Essex aofresaid Gent. deceased your oros Grandfather being in his Lifetime and at the Time of his death seized and possessed of and interested in a consble Estate real and personal and as your orator believes and hopes to prove intending to settle and dispose of the same did on or about the Fourteenth day of January in the year of our Lord one thousand seven Hundred and Eleven being then of sound and disposing mind memory and understanding duly make and publish his last will and Testament in writing in the words or to the purport following (that is to say) First I Give and Bequeath unto my loving daur Frances Starke the wife of John Stark and unto her Heirs forever all that Tract or parcel of Land lying in King William County containing about Two Hundred Acres purchased by me of Henry Kirby and all the Houses and Appruts thereunto belonging and my Bay Mare Secondly I Give unto my Grandson Thomas Starke the Colt that now belongs to my said Bay Mare Thirdly I Give unto my loving daughter Elizabeth Fisher on Gold Ring of Twenty Shillings Fourthly I Give unto Susannah Jones one Cow and Calf and one Gold Ring of Twenty Shillings Fifthly I Give and Bequeath unto my loving Son John Boughan one Gold Ring of Twenty Shillings price Sixthly I Lend unto my Bro’ Henry Boughan one third part of my water mill during his Natural Life and to receive one third part of the profits thereof provided he is at one third part of the Charge in repairing the mill and keeps a good and sufficient Miller thereto do all such things as a Miller ought to do and I Give unto my Bro’ Henry all my wearing Cloaths — Seventhly I Give and Bequeath unto my beloved Grandson James Boughan the son of my Son James Boughan all my Land and plantation whereon I now live together with my water mill and all that Tract of Land that I bought of the Holts together with my old plantation and Land and a small Island of Land and marsh lying before my door all the above said Lands Mill and plantons with the Appurts thereunto belonging I Give and Bequeath unto my said loving Grandson and the Issue of his Body lawfully begotten and for want of such Issue to my Grandson John Boughan the Son of my Son James Boughan and the Issue of his Body lawfully begotten and for want of such Issue to the Heirs of my loving Bro’ Henry Boughan and their Heirs forever and for want of such Heirs to the next Heirs in Blood my will and desire is that none of the before mentioned Lands or Mill be leased or let out by or to any person for above two years at one time all the rest of my Estate of what nature or quality soever I Give unto my loving Son James Boughan and his Heirs forever who I do appoint my whole and Sole Executor of this my last will and Testament In Witness whereof I have hereunto set my Hand and Affixed my Seal this 14th day of Jany 1711 which said will was duly Signed Sealed published and declared by the said James Boughan the Grandfather as your oror believes as and for his last will and Testament in the presence of one Robert Coleman Gent. John Chamberlane and Ann Atkins who as your oror is informed subscribed their names as witnesses thereto and your oror further Sheweth unto your Honors that shortly after making the said will your oros said Grandfather departed this Life without having Alter’d or revok’d the same seized possed and interested as afsd. leaving James Boughan the Son in the said will named his Heir at Law that James Boughan the Grandson in the said will named after the death of his Grandfather departed this Life without leaving any Heir of his Body whereby and by virtue of the said will your oror who is the Grandson of the said Testor and Son of the said James Boughan the Son in the said will named was seized of and entitled to the Lands Mill and plantations by the sd will given and devised to the said Jams. Boughan the Grandson in Tail and your oro futr. Shewith unto your Honors that his Father the said James Boughan the Son and the said John Boughan the Son of the Testor in the said will named or one of them having gotten the said original will into their or one of their Hands and custody as your oro verily believes did suppress secrete or destroy ye same finding themselves to be passed by in the devise of the Lands and Tents aforesaid your oro being then an Infant of very tender years and as your oror has been informed the sd. James Boughan your oros Father aftwds pretending that the said Lands descended to him as heir at Law to the said Testor and that he died without making a will did enter into the said Lands and convey part thereof being about four or five hundred acres and deliver possession thereof to the said John Boughan the Son Altho’ the said James and John Boughan the Sons well knew as your orator believes that such will as is herein before recited was made by the said James Boughan the Grandfather and had been see by several persons and that the same had been proved by the abovenamed Robt. Coleman John Chamberline and Ann Atkins as by their depositions sworn to by them respectively in the Court of the County of Essex aforesaid and now remaining among the Records thereof to which for more certainty your orator craves leave to refer may appear which depositions were ordered by the said County Court to be taken in a Suit in Chancery brought by James Boughan Son of Henry Boughan in the said Bill named against the said James and John Boughan the Sons in order to establish the said will which Bill the said James and John never would Answer And your orator further shew Shewth unto your Honors that he having arrived to the age of Twenty one years and finding by the the depositions aforesaid that his Grandfather had made such will as is herein before recited commenced and prosecuted in the County Court of Essex aforesaid a certain Action of Tresspass and Ejectment in the name of William Thrustout his Lessee against one Augustine Boughan only Son and Heir of the said John Boughan to recover the posson of the Lands before mentioned to be Sold by your oros Father in which Action aftwds at a Court held for the said County by special verdict among other things it was found that the said James Boughan the Grandfather made such will and in which words as hereinbefore are mentioned and repeated and thereupon aftwds at a Court held of the said County the 21st day of Novr. in the in the year of our Lord 1753 it was considered by the said Court that the said William Trustout [sic] should recover against the said Augustine the possession of the said Lands Sold by your orators Father as aforesaid as by the record and proceedings in the said Action remaining in the County Court aforesaid to which your orator craves leave to refer may move fully and at large appear after which the said Augustine Boughan delivered up the posson of the said Lands to your orator and your orator well hoped that he might have continued in possession thereof But now so it is may it please your Honors that the said Augustine Boughan in the name of one Soloman Saveall his Lessee did commence and prosecute an Action of Tresspass and Ejectment against your orator in the County Court aforesaid to recovered the possession of the said Lands in which Action a Special Verdict was found and a Judgment give by the said Court against your orator from which your orator did appeal to your Honors and the said Augustine Boughan having since departed this Life and one Griffin Boughan his Eldest Son and Heir and Francis Warren and Hannah Boughan his widow Exors of his will who pretend that they are directed by the said will to sell the said Land threaten to turn your orator out of possession thereof if the said Judgmt last mentioned should be affirmed pretending at some time at that your orators said Grandfather never made any such will as hereinbefore is set forth or if he did that at the time of making the same he was not of sound mind and at other time the depositions aforesaid are not sufficient legal Evidence of such will there not appearing at that time to have been any Solemn Contestation of the proof of the said will and that the recovery aforesaid by your orators Lessee against the said Augustine Boughan was during the Infancy of the said Augustine whereas your orator is advised that the said depositions are good evidence of the said will there being at the time of making the said depositions a Suit in Chancery depending in the said County Court Between the said Jams. Boughan Son of Henry Boughan and the said James and John Boughan the Sons in order to establish the said will in which Suit the said defendants would not answer notwithstanding a process of Contempt was frequently awarded against them and your orator is advised that if the said Augustine Boughan had been an Infant at the time of the recovery aforesaid against him the truth of the Facts found in the said verdict cannot now be questioned unless the said Judgmt given therepon had been reversed for the nonage of the said Augustine during his Life In tender Consideration whereof and for that your orator cannot establish the will of his Grandfather aforsd without the aid and assistance of this Honble Court and is only and properly relievable here To the end therefore that the said Griffin Boughan who is the Son and Heir of the said Augustine Boughan and who is an Infant under the age of Twenty one years by his Guardian to be appointed by this Court on or without Oath and the said [blank] Executors of the will of the said Augustine on their several Corporal Oaths may true and perfect answer make to all and singular the premes as fully and distinctly as if the same were here against particularly repeated and interrogated That they may declare whether your orator his Said Grandfather did make such will as is herein before recited whether the persons hereintofore named for that purpose subscribed their names as witnesses thereto whether the said James Boughan the Grandfather is dead whether the said James Boughan the Grandson died without leaving Issue of his Body and whether is the person in the said will described by the Name the Testors Grandson John Boughan whether the said will came into the Hands of the said James and John Boughan the Sons or either and which of them whether the said will of the said defendants or any of them whether the Suit was commenced by the said James the son of Henry Boughan as before is set forth and what was done therein that the Testimony of your oros witnesses and other Evidence so prove the said will of his Grandfather may be recorded in this Honble Court and that your orator may be at liberty to examine other wintesses for [illegible] their Testimony that all further proceedings in the said Ejectment brought by the said Augustine Boughan in his Life time agt. your orator and now dependingly appeal before your Honors may be staying until your orator be heard in Equity and that he may have such relief in the premes as to your Honors shall seem meet and Agreeable to Equity and good Conscience may it pleased your Honors to grant to your orator his Majestys most gracious writ or writs of Supbœna &c.
John Boughan
Williamsburgh Ap. 2d. 1751
Sworn to by the Complaint.
John Boughan before me
Peyton Randolph
[Essex County, Virginia, Chancery Court Papers, Box 8, Item 8-F.]

On 26 May 1752, a warrant was issued for John Burnett, John Boughan and Waters Dunn. [Essex County, Virginia, Box No. 201, Folder A, loose paper.]

On 6 February 1753, John Boughan witnessed a deed of trust between Thomas St. John, James McCall and Henry Purkins. [Essex County, Virginia, Deed Book 26, pages 315–318.]

In June 1753, in the case of Boughan v. Boughan in the General Court in Williamsburg, Griffin Boughan filed a demurrer in response to the 2 April 1751 complaint of John Boughan:
The demurrer of Griffin Boughan an Infant by Francis Waring his Guardian to the Bill of Complt. of John Boughan Complainant —
This defendant by protestation not confessing or acknowledging all or any of the matters or things contained in the said Complainants Bill of Complaint to be true in such manner and sort as the same and therein and thereby set forth and alledged the scope and end of the said Bill being to establish sundry Depositions as and for the last will and testament of James Boughan Gent deced in order to inpeach the legal Title of this defendt. in and to certain Lands in the said Bill mentioned which were purchased of James Boughan Son and Heir of the said James Boughan the Elder by John Boughan the GrandFather to this defendant and from him descnded to Augustine Boughan his Son and Heir on whose death the same descended to this Deft. to wch said Bill of Complaint this defendant is advised he is under no necessity nor is bound to answer but that there is good Cause of demurrer thereunto wherefore this deft. doth demur thereto and for Causes of demurrer Sheweth to the court there following First for that it appears of the Complaints. own Shewing that after the death of the said James Boughan the Elder the said James Boughan his Son and Heir entered into the Lands in the Bill mentd. and Sold the same for a valuable conson to John Boughan this defendants Grandfather and the said pretended will was never legaly established in the Lifetime of either the said John Boughan or John Boughan and therefore this defendant conceives by the Rules of Equity that such pretended will ought not now to be set up in this Honble Court agt. this defend. who claims under this said Granfathers purchased for a valuable conson Secondly for that it appears by the Record to which the said Bill of Complaint referd for that purpose that the said depositions pretended to contain the last will and Testament of the said James Boughan the Elder were taken ex parte and extrajudicially there being at that Time no legal contestation of the said pretended will to which the said James Boughan and Son and Heir was a party or privy Thirdly for that it appears by the Record and proceedings of a certain Action of Tresspass and Ejectment brot. by Solomon Saveall Lessee of the said Augustine Boughan Father of this defendant against the said Complainant mentioned and referred to in and by the said Bill of Complaint that the said Augustine Boughan did in his Life time obtain a verdict and Judgment in the County Court of Essex which was affirmed in this Honble Court at Common Law against the said pretended will which this defendant is advised was the first legal Contestation of the said pretended will for that it appears of the Complaints own Shewing that at the time of the verdict and recovery by the said Complainant against the said Augustine Boughan in the Bill mentioned he the said Augustine Boughan was an Infant who then representing the Heir as to this Land could not by the Equity and intention of the Act of Assembly in that Case made and provided be bound or concluded by any thing then done in order to the extablishing the said will but was at liberty to contest such pretended will within ten years after his coming of Age which he did by his Ejectment aforesaid for which Causes and for divers others contained in the said Bill of Complt. this defendant doth demurr thereunto and humbly pray the Judjment of this Honble Court whether he shall be compell’d to make any other or further Answer thereto and prays to be hence dismissied with his reasonable Costs
E: Pendleton
June 1753 demurrer to be argued
Octr. 1753 Continued —
[Essex County, Virginia, Chancery Court Papers, Box 8, Item 8-F.]

On 13 December 1753, John Boughan witnessed a deed from John Evitt and Elizabeth his wife to Henry Purkins. Another witness was Mayvan Boughan. [Essex County, Virginia, Deed Book 27, pages 22–24.]

On 13 April 1754, in the case of Boughan v. Boughan in the General Court in Williamsburg, “Francis Waring Gent: is appointed Guardian to the defendant Griffin who is an Infant to defend him in this Suit—“
[Essex County, Virginia, Chancery Court Papers, Box 8, Item 8-F.]

On 14 October 1754, in the case of Boughan v. Boughan in the General Court in Williamsburg, the court ordered that the defendant answer the allegations in the complaint:
This Cause was this day heard upon the plts Bill and the demurrer of the defendant Griffin and the Arguments of the Council on both sides on Consideration whereof it is decreed and ordered that the said Demur be overld that the said defendant do answer the Allegations of the said Bill and pay unto the plt his Costs occasioned by the said demurrer that the Cause be sent back to the Office for further proceedings to be had therein and that a Commcon be Issued to examine and take the deposition of John Harper an aged witness for the plt de bene esse the plt giving the defendants legal Not. of the time and place of executing the same—
[Essex County, Virginia, Chancery Court Papers, Box 8, Item 8-F.]

On 4 December 1755, John Boughan cast votes for Colonel William Daingerfield and Colonel Francis Smith for burgesses of Essex County. [Essex County, Virginia, Deed Book 27, pages 248–252.]

On 28 March 1756, in the case of Boughan v. Boughan in the General Court in Williamsburg, the defendants filed their answer:
The Joint and several Answers of Francis Waring and Hannah Boughan Exors of the last will and Testament of Augustine Boughan deceased and of Griffin Boughan an Infant under the Age of Twenty one years by the said Hannah Boughan his Guardian to the Bill of Complt. of John Boughan
These defendants saving and reserving to themselves all and all manner of Benefit and Advantage of exception to them any incertainties insufficiences and untruths in the said Complts Bill contained for Answer thereto or to so much thereof as these defendants are advised is material or Effectual to be answered unto they answer and say as follows — First the said Francis and Hannah that they know nothing of the several matters and things in the Bill charged or whether the said James Boughan the plts Grandfather in the Bill named ever made any or what last will or Testament or who were subscribing witness or witnesses thereto or if there was any such or any or. will of the said James Boughan whether the same was suppressed or destroyed or what became of the [illegible, damage] Suit was commenced by James the Son of Henry Boughan in the said Bill is charged or what was done therein any further than as these defendants have heard and believe to be true that the said Augustine Boughan their Testor in his Life time did commence and prosecute an Action of Tresspass and Ejectment in the County Court of Essex to recover the posson of the Land in the said Bill mentioned in which Action a special verdict was found and a Judgment given by the said Court against the said plaintiff John from which Judgment the said plt did appeal to the genl. Court and the sd defendants have heard and believe it to be true that the said appeale came to be tried in the said General Court and on the Trial thereof it was adjudged that there was no Error in the record of proceedings of the County Court whereupon the said Judgment was affirmed and the said Augustine had Judgment to recover his Costs and damages as well in the County Court as in the Genl Court according to the Act of Assembly in that Case made and provided of which the said Augustine had notice from one of his Lawyers in his Lifetime and thereupon the said Augustine dying very shortly after in his last Sickness made his last will and Testament in writing and thereby directed the said Land should be sold by his Executors for the payment of his debts which were in a great measure contracted by means of the said Law Suit and of his will constituted and Appointed the defendants Exors who in due form of Law proved the same and undertook the burthen of the Execution thereof and would have discharged the trust in them thereby reported But these defendants were soon after informed and believe it to be true that on the last day of the Genl. Court herein the said Judgment was affirmed and in the absence of the said Augustines Lawyers the said now plt being at Williamsburg and having cause a motion to be made for that purpose obtained an order to set aside the said Judgment and that a new Trial shod be had in the said Appeal and these defendants have heard and believe it to be true that instead of any new Trial of the said Appeal on the Matter in Law the said plt filed his Bill against these defendants who are entire Strangers to the whole matter any furt. than they have herein before set forth and for the greater certainty beg leave to refer to the Records and proceedings had in the said Cause and these defendants must submit to this Honble Court to make such decree in the premes as it agreeable to the rules of Equity and good Conscience as the Cause has been so long depending that their Testors Estate is not only greatly involved in debt thereby but is otherwise greatly hurt and injured and these defendants are prevented from discharging the debts and executing their Trust altho’ the plt hath during the said time by cutting the Timber of the Land in dispute and by other means rendering the same of much less value than it was at the time of their Testators recovery of the same And for which these defendants verily believe the said plaintiff is not able to make their Testors Estate little if any Satisfaction And the said Griffin by the said Hannah his Guardian Saith that he is of so tender years that he knows nothing of or concerning all or any of the matters in and by the said Bill charged but makes no doubt that this Honble Court will take care of his Int. so far as the same may be affected by the decree and these defendants deny all and all manner of Combination and Confederacy whatsr. as in the said Bill is very untruly charged without that that any other matter or thing in the said plts Bill material or Effectual to be answered unto and not herein answered [illegible] or denied is true all which these defendants are ready to aver and and prove as this Honble Court shall award and therefore these defendants pray to be hence dismissed with their reasonable Costs in that Behalf wrongfully sustained—
Francis Waring and Hannah Boughan Exors of the last will and Testament of Augustine Boughan deceased made oath before me Mungo Roy one of his Majesty’s Justices for the County of Essex that this their Answer is true so far as they know or beleive Given under my Hand March 29 1756
Mungo Roy
[Essex County, Virginia, Chancery Court Papers, Box 8, Item 8-F.]

In 1758 and 1759, in the case of Boughan v. Boughan in the General Court in Williamsburg, the cast was continued:
March 1758 Set for hearing
April 1758 Continued—
October 1758 Continued—
April 1759 Continued—
[Essex County, Virginia, Chancery Court Papers, Box 8, Item 8-F.]

On 15 October 1759, in the case of Boughan v. Boughan in the General Court in Williamsburg, a decree was issued:
This Cause was this day heard upon the Bill and Answer sundry depositions and exhibits provided and read as Evidence and the Arguments of the Council on both Sides on Conson whereof it is decreed and ordered that a Trial at Law be had in this Court upon an Issue to be made up between the parties to try whether James Boughan the plts Grandfather made such will as in the Bill is set forth or not and wht. the same was his last will and Testament And it is further ordered that the depositions and exhibits read as Evidence in this Cause be admitted to go as Evidence to the Jury at such Tryal—
[Essex County, Virginia, Chancery Court Papers, Box 8, Item 8-F.]

On 20 October 1759, in the case of Boughan v. Boughan in the General Court in Williamsburg, the parties reached an agreement in favor of the plaintiff, John Boughan:
By Consent of the parties the decretal order made in this Cause this Court is set aside And it is decreed and ordered that the will of James Boughan the plts Grandfather as the same is set forth in the Bill be established as and for his last will and Testament that the Injunction obtained by the plaintiff to stay the proceedings in the Ejectment in the Bill mentioned stand and be made perpetual and that the parties bear their own Costs—
[Essex County, Virginia, Chancery Court Papers, Box 8, Item 8-F.]

On 25 March 1761, John Boughan and Cary his wife of the County of Essex and Parrish of South Farnham leased a mill to James Edmondson of the same. Whereas the said John Boughan had leased on 5 January 1746 to Ben Johnson for 21 years a water grist mill known as Boughans Mill, and by Ben Johnson conveyed to Philip Edward Jones and by Philip Edward Jones to Thomas Edmondson, Gent., lately deceased and father to the said James Edmondson and whereas Thomas had conveyed his interest to James, now this indenture in which John Boughan and Cary his wife, for £40 current money due on 1 January 1763 and also an annual payment of 20 barrels of Indian Corn, do lease the mill unto James Edmondson for the term of another 25 years. Signed John Boughan, Cary her w mark Boughan. Witnesses: Thomas Barker, Hugh Wilson, Josiah Minter, John Boughan. [Essex County, Virginia, Deed Book 29, pages 43–45.]

On 3 May 1762, John Clements Gent sold to John Boughan. For £100 current money of Virginia, 100 acres, more or less, in the County of Essex and parish of Southfarnham that belonged to Joseph Man, purchased of the aforesaid John Boughan. Signed Jno Clements. Witnesses: J. Edmondson, Thos Pamplin, L. Covington. Ordered recorded 17 August 1762. [Essex County, Virginia, Deed Book 29, pages 119–120.]

On 15 June 1764 John Boughan gave a deposition: “John Boughan aged Fifty Eight years or thereabouts deposeth & saith that Caleb Hines purchase’d a Tract of Land of Henry Purkins where the sd Purkins’s Mother lived for which he was to give One hundred Pounds reserving his Mothers Life in the sd Land & which the Sd Hines was in possession off & worked it about two years & he this deponent saith that the said Hines Several times ask’d & desired him to talk to Mr Purkins & get him to recant the Bargain of the Land for sd he if he holds me to it, It might be my Ruine & force me to Sell my Negro Wench, upon which after going up to Albemarle & Seeing the Sd Purkins’s Land there; agreed to buy Four hundred Acres of that Tract & meant the Bargain of the which I understood was there agreement & Deeds were Executed agreeable thereto & further he often heard Hines Say he was well Satisfy’d with his Bargain of the back Land & would not recant that Bargain upon any Consideration; & Purkins’s motive as he believes in recanting the first bargain was the ill usage his Mother reced from Hines & the dissatisfaction it gave her; & further this deponent saith he heard old Mrs Purkins say that she had Lent Caleb Hines one Side Saddle worth Six or Seven Pounds, One Pr of Blankets, a pr of Sheets, One Iron pot & Some Pewter which he never return’d. & which he heard her Say She would have them back again. & further this deponent Saith not. Taken before us this 15th day of June 1764.” Signed: John Boughan. Witnesses: Jno Clements, John Upshaw. [Essex County, Virginia, Box Chancery No. 13, item 13-H-2.]

On 16 March 1765, Henry Griggs of Essex County and the parish of Southfarnham was bound unto John Boughan planter the sum of £15 current money. If Henry Griggs pays unto John Boughan £30 current money of Virginia by or upon the 16th day of August next, then this to be void. Signed Henry Griggs. Witnesses: John Kerchevall, Major Boughan. Ordered recorded 21 October 1765 and proved by John Kerchevall and Major Boughan. [Essex County, Virginia, Deed Book 30, page 59.]

Essex County, Virginia, Will Book 13, pages 49-51:
In the name of God. Amen
I John Boughan (Major) of Essex County & Southfarhham Paris [sic] being in my Perfect Sences: & Memory thanks be to the Almighty for the same and calling to mind the uncertain state of this Transitory life and Knowing that it is appointed for all mortals here to dye = do make & ordain this to be my last will and Testament; revokeing & disanulling all former wills heretofore mad [sic] Impremisoes
First I bequeath my soul into the hands of my blessed Saviour in hopes by his merrits to receive full pardon for all my sins (seconly [sic]) I submitt my self to my mother; the earth to be decently entred [sic] at the discretion of my executors
Thirdly, as touching what temporal estate it hath been pleased God to bless me with I give and bequeath as follow: Jedilicit[?]
Item: I Lend to my beloved wife all my whole estate: both real and personal as long as she remains a widow: and after her decease: I give and dispose as follows Item: I desire that my daughter Mary Barnett have fifty pounds paid her by my Executors to her & the heirs of her body and that is her share of my estate. Item I give my son John Boughan a Cow and Calf one sow & piggs two ews & lambs and that is all in Intend he shall have of my estate except part my Land and part my mill hereafter mentioned (Item) I give Fanny Griggs, daughter, John Griggs decd. a heifer of 3 years old Item I give to my son major Boughan: one feather bed and furniture to the value of eight pounds currt. money: one cow and calf: one sow and piggs, two ews and lambs. and my riding sadal & bridle: and that is all I intend he shall have of my estate except part my Land and part my mill here after mentioned; I also give my grand daughter Caty Boughan a heifer of three years old.
Item it is my will and desire that all the rest of my estate negroes & all my other Estate that I have not already Given (at the death of my Wife) be equally devided between my two daughters Cary & Elisabeth to them and the havis Heirs: of their body Lawfully begotten for ever and if either should dye and leave no such heir: my desire is the sd. estate shall go and desend to the surviving sister and her heirs as aforesd. and in case they should both dye and leave no heir then to Equally Divided between my two sons John and major and their heirs for ever: & as touching my Lands and Water grist mill my will and desire is maybe equally divided between my two sons: at the death of my wife or the day of her maraege [sic]: allowing my two daughters to live in the mansion house & to work their hands: & raise horses sufficient to serve their crops as long as they live single & if either my sons should die without heir this part so dying shall go and decend to the surviving brother to him & his heirs of his body lawfully begotten for ever & further it is my will that if either my sons shall want to sell their parts of Land or mill that they shall not have any to sell to any other person but this brother or his heirs and no otherways & if either or any person here mentioned in this will should sue or bring any suit for anything more than I have here given in this: them persons so doing shall forfet all the Legasie or Legasies hear given & shall have one shilling paid them by my Executors and that is all I intend them of my estate in luie of the afored. legasie or legasies & such Legasie or legasies shall be devided amongst the rest my Children afore mentioned Lastly I do appoint and ordain my loving wife and my son Major Boughan my whole and sole Executors of this my last will and Testament disanulling and revoking all former wills heretofore made as Witness my hand and seal this first day of August in the year of our Lord, one thousand seven hundred and sixty nine
John Boughan (seal)
Witnesses
George his mark Newble
Mary her mark Newble
H Purkins
The above will was probated on 16 September 1776.

An undated bill of complaint stated that John Boughan died in May 1776 “leaving Cary his widow & mother of his children & John & Major Boughan his sons & Mary wife of Richd Burnett & your oratrices his daughters” namely Cary (wife of John Turner) and Eliza (wife of William Howard). That Cary died without having married again. [Essex County, Virginia, Box Chancery 15, item 15-B-52.]

On 11 September 1804, John Boughan [son of this John Boughan] provided an affidavit: The affidavit of John Boughan of lawfull age taken at Capt Lewis Booker’s store house in Essex County between John Turner and Cary his wife and William Howard Senr and Elizabeth his wife pltfs and Major Boughan Executor of John Boughan decd Deft, this deponant being duly sworn deposeth and saith
Qust 1st by deft. Major Boughan do you remember that a Negro man by name General belonging to me leving [living] with my Farther in the year seventeen hundred and seventy five? Ansr I do and that he was to give seven pounds ten shilling for his hire that year further Question by the deft do you know if William Griggs livid with my Farther the same year that my Negro man General lived with him. ansr I do, and that the said Boughan let the said Griggs have cloth and trimings for a Coat but the price I do not know further Question by deft do you recollect what number of Negroes belongd to the Estate of John Boughan decd Ansr there was three Peter, Esther, & Ell, which was apprais’d to one hundred & fifty pounds and was devided by consent of parties between William Howard & Cary Boughan the wife of John Turner pltfs
further Quest by deft. was there any sheep belonging to the Estate of John Boughan decd at the time of the sale — Ansr I do not know that there was.
Question by deft was there a side saddle bottle and Jugs belonging to the Estate Ansr there was, and I know that Cary Boughan had the side saddle and since she has been maried I have seen it at John Turners a [sic] noted Jugs and bottle at his house that did belong to the Estate and one Jugs at Williams Howards further Question by deft do you recollect what became of the beds belonging to the Estate of John Boughan decd? Ansr I do there was three devided between Cary Boughan the wife of John Turner & William Howard and one was sold by Major Boughan.
Further Question by Deft do you recollect what became of a young mare belonging to the Estate of John Boughan decd — Ansr I do she was sold by my mother the Widow of the said John Boughan decd and to Richard Jeffries Junior and she also Sold an old Horses [sic] to William Tignor and gave a mare to Cary Boughan the wife of John Turner and a young Horse to William Howard senr further Question by deft do you know wheather there was any thing belonging to the Estate of John Boughan decd Secreted by me or my order? Ansr I do not further Questioned by deft do you know whether the mare and horse that was Sold by my mother as mentioned by you above was apprais’d when my Fathers Estate was apprais’d? Ansr I beleive they was. further Questioned by Deft who liv’d on the plantation from the time of my mothers death untill the day of sale? ansr Cary Boughan, and Cary Griggs was there the greater part of her time, and all the Negroes that belong’d to the Estate.—
Question by John Turner one of the Pltffs — Do you know that the Negroe General which Major Boughan hired to John Boughan decd was the sold property of the s’d Majr Boughan, — Answer I do know one half of the s’d Negroe General was the property of Elizabeth Munday.—
Further question by John Turner, — do you suppose your Father, or the estate was not able to have paid the hire due for General before this. — To be sure they were able—
Question by Majr Boughan the Defendt how long did John Boughn dec’d live after the money became due for the hire of General — Answer he died the may following.—
Essex County to wit,
John Boughan personally appeared before me a Justice of the peace for the aforesaid County and made oath that the above affidavit concained [sic] the truth,
Given under my hand this Eleventh day of Septemr 1804.
LBooker. [Essex County, Virginia, Box Chancery No. 15, item 15-B-4.]