Bushart Branches

The Descendants of Jacob Bushart, Sr. and Ann Fulenwider

Bushart Will and Probate Records

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KENTUCKY

In the name of God Amen. I Caleb B. Bushart of the County of Fulton and State of Kentucky being of sound mind and memory and considering the uncertainty of this frail and transitory life do make, ordain, publish and declare this to be my last will and testament that is to say

FIRST:- After all lawful debts are paid and discharged the residue of my estate real and personal I give bequeath and dispose of as follows to wit:-

To my beloved wife during her natural life or widowhood with a reserve that my son James is to have privelege to occupy with his mother on said farm and I wish him to do so free of any rent or charge whatever in consideration of the better protection of his mother and that him and his mother in council together have a right to sell or dispose of such property as they in their judgement think best for the support and protection of the family and at the death of my wife all my real and personal property to be equally divided among my heirs. Likewise I make constitute and appoint my beloved wife Eveline Bushart and my son James Bushart to be executors of my last will and testament hereby revoking all others.

In witness whereof I have hereunto subscribed my name and affixed my seal the 10th day of April in the year of our Lord One Thousand Eight Hundred and Fifty Six.

Caleb B. Bushart (seal)

Witness

J. Bushart

Rufus Dudley

The last will and testament of Caleb Bushart was this day produced in open court and proven by the oaths of R. Dudley and Jacob Bushart subscribed witnesses thereto and ordered to be recorded a true copy of the minutes of the court.

Attest: John T. Trent, Clerk

NORTH CAROLINA

1795 Boshard, John, heir - Jacob Boshard

I could not find will of John Bushart in Cabarrus Co, NC records. Most of the earliest wills of Cabarrus County were destroyed in a courthouse fire.

noncupative will of Jacob Mussgenung, to wife Barbara, probated Oct 1803.

The following is his will, copied word for word from Cabarrus County Court Records, Oct 1861, p.81:

In the name of God Amen. I Peter Troutman of Cabarrus County and State of North Carolina do make and publish this my last will and testament and direct that my funeral expenses and debts be paid in the first place and that a suitable announcement be put to my grave to designate the place of my remains, the balance of my property I dispose of as follows.

1st. I give and bequeath to the children of my son John Troutman deceased the tract of land whereon he lived and lying on the waters of Little Bear Creek, deeded to me by John P. Rendleman adjoining George Barnhart, John Moose, and others containing 260 acres by survey reserving the right of the aforesaid lands to his widow to occupy the same and enjoy all the rights thereof unmolested during her natural life or widowhood. I also give and bequeath fifty dollars to be equally divided between the widow and her children.

2nd. I give and bequeath to my son Peter Troutman the tract of land whereon I now live on the waters of Little Buffalo Creek in four adjoining tracts containing ninety-nine and a half acres. I further give and bequeath to my son Peter one other tract of land containg eight and three quarters acres joins Henry Fisher deceased and others. I also give and bequeathto him fifty dollars out of my estate and my blacksmith tools.

3rd. I further direct that my personal property be sold, my notes collected together with all money on hand to be equally divided between all my daughters, namely the children of Elizabeth Boshart deceased one share, Sally Boshart one share, Maria Lippert, Margaret Lippert, Lovina Moose, Catherine Honeycutte all receive equal shares.

4th. I do hereby nominate and appoint Moses Peck executor of this my last will and testament. In witness whereof I Peter Troutman have to this my last will and testament this fourteenth day July one thousand eight hundred and fifty seven set my hand and seals.

Peter Troutman seals

Signed and sealed in the presence of

Daniel M. Moose

George Barnhart

Moses Peck, the executor of Peter's will, was the son of John Peck, brother of his wife, Catherine (Peck) Troutman. Daniel M. Moose, one of the witnesses, was the grandson of Catherine's aunt, Barbara (Bushart) Moose. The other witness, George Barnhart, was the son of another of Catherine's aunts, Ann Margaret (Bushart) Peck. Two sons of Catherine's uncle, Jacob Bushart, John Bushart and Henry Bushart, married two daughters of Peter and Catherine Troutman, Elizabeth and Sarah Troutman respectively.

A long court battle ensued over Peter Troutman's estate, with his heirs suing the executor, Moses Peck. In the end, each of Peter's daughters received over $500, a considerable sum at that time.

4:17. 3 May 1774. George Henry Barger & John Barger apptd admins. of Michael Barrier decd under 200 pound bond, John Howard & John Buzzard securities. Inventory filed.

TENNESSEE

Bushart, A. M. 1851 wb-g-428 Hn

Bushart, Jacob Sr. 1852 wb-g-432 Hn

The will of Armstead W. Forest. 10 Nov 1845 named Elizabeth as his wife and to her bequeathes 195 aces of land, Barren Fork of West Sandy in Henry County. Collectable money coming to us in the state of Virginia from the estate of Robert Forest decd also from estate of John Forest who died intestate in Halifax County, Virginia. My boy Coleman is a dwarf. My friend John Bushart at my death to take charge of my wife and property to manage, etc. Friend A.W. Bachus to have Jackson and Colt and to be interested at his death by his son John Newton Bacus. At my wife's death my freind John Bushart to have all the tract of land. At his death to his son Jackson Newton Bushart. At my wife's death Miss Mary Ann Bushart to have slaves and Mary Frances Bachus to have a slave. To friend John Bushart my iron gray colt. Give a colt to friend Adolpus W. Bachus. (Wills 1844-56 p.27)

I Armstead W. Forest of the County of Henry and State of Tennessee being of sound and perfect mind and memorydo this 10th day of November in the year of our Lord one thousand eight hundred and forty four make and publish this my last will and testamant in the following manner that is to say -

First I give and bequeath to my wife Elizabeth Forest all my land consisting of 195 acres in said county of Henry on Barren Fork of West Sandy and my slaves Gilbert Parilee Jackson and Caroline and all my stock of horses cattle hogs except what is hereafter named during her natural life.

Second it is my wish and desire that my executors attend to the collectors of any and all the money that be coming to me in the State of Virginia from the Estate of Richard Forest Deceased and also from the Estate of John Forest who died intestate of Halifax County of said State of Virginia and after it is collected that they should loan it out or appreciate it to the best advantage for the benefit of my said wife Elizabeth and my boy Coleman a dwarf.

It is further my wish that my friend John Bushart should at my death take charge of my said wife Elizabeth and my land and my slaves Gilbert and Parilee and her child Caroline and that said Parilee shall wait on and attend to my wife during her natural life and that he hire out or work said Gilbert for the same span of time and for the purpose of better enabling him to support and take care of my said wife Elizabeth during her natural life and the better to enable him to take care and support my boy Coleman I do hereby give him charge of my slave Jackson during his (Coleman's) natural life and also my ??? Colt Saddle and Bridle and at the death of said Coleman it is my desire that my friend A. W. Bachus have the said Jackson and Colt and to ??? at his death by his son John Newton Bachus.

It is further my wish and desire that at the death of my said wife Elizabeth that my esteemed friend the said John Bushart have all my said land ??? ??? to do with as he may please and that he have my slave Gilbert during his natural life and at his death his son Jackson [this should be "Jasper" - Editor] Newton Bushart ???.

And it is further my wish and desire that at the death of my said wife Elizabeth that Miss Mary Ann Bushart have my slave Parilee and her further increase her and her heirs forever and that Mary Frances Bacchus have my little slave Caroline her and her heirs forever. I do also hereby bequeath to my little friend John F. Bushart my iron grey horse Colt and my interest in the William Medley colt I hereby give to my friend Adolphus W. Bachus.

It is further my wish that my executors sell all my surplus property and appropriate the proceeds to the benefit of my wife Elizabeth and that they collect all moneys that may be coming to me ??? Virginia or elsewhere for the purposes aforesaid and that they give my dwarf Coleman two dollars annually during his natural life for his own use and at the death of my wife Elizabeth that my said freind John Bushart have all the stock and household from her that may still remain and that all the moneys that may be in the hands of executors or in any ??? coming to them from my estate be equally divided between them (my executors).

And I hereby make and ordain my worthy friends John Bushart and Asa W. Bacchus ececutors of this my last will and testament in witness whereof I the said Armstead W. Forest have to this my last will and testament set my hand and seal the day and year above written.

Signed sealed published and declared in the presence of us: Jacob Bushart, John Roberts

Armstead W. Forest seal

The will of John Yow dated 26 October 1838, names his wife Elizabeth. He had books bonds and notes. Daughter Therry Robinson, daughter Elizabeth Henry Bushart, daughter Gray Jagster, daughter Syntha Adaleen, daughter Eliza Ann. Two sons John B. and Wyatt C. Yow. (Wills 1844-56 p.40)

pages mentioning Busharts: 40, 55, 110, 123, 428, 430, 432, 504, 506, 621.

Estate sale of Armstead Forest, 5 Jan 1846, John Bushart and A. W. Bachus executors. Among buyers: Henry Bushart, John Bushart, D. R. Bushart.

A list of the property of A. M. Bushart deceased made Oct the 24th 1851

[A long list of property, who bought it at the estate sale, and how much was paid. Buyers: John F. Bushart, John S. Puckett, and John W. McCord, among others.]

An inventory of the Estate of A. M. Bushart Deceased

Note on John Fuqua for thirty one dollars and 95 cents due Jany 6th 1851 with a credit of five dollars and 15 cents Jany 20th/51 and a credit of three dollars the 3rd of May 1851, which note is wholly Insolvent

Cash received of John F. Bushart on Tobacco $14.35

[Note that this is not from the actual will which Jacob Bushart wrote or had written for him in 1848. Rather it is from the copy of the original will which the clerk of the county court entered into the Will Books in 1852. It is unknown if the actual will exists or not. The clerk made a couple of mistakes while copying the will, which I have highlighted. Notably, the clerk wrote "my two sons John Bushart and John Bushart" (instead of John Bushart and Henry Bushart), and he wrote "Elizabeth Ridenborn" (instead of Elizabeth Ridenhour). There were two words in the will which I can not make out, indicated by ???. Also, there is not much punctuation in the will, so I added some commas to make it easier to read.]

In the name of God amen.

I Jacob Bushart Senior of the county of Henry and the State of Tennessee do make, ordain, publish and declare my last will and Testament as follows to wit.

It is my will and desire that my body shall be decently intered in a christian like manner, and I commend my soul to God who gave it trusting in goodness of an all wise providence.

Item 1st. It is my will and desire that all just debts be paid by my executors, herein after named, as soon after my death as sufficiency comes into their hands to enable them to do so out of any the effects which I may be ??? or possessed of.

Item 2nd. It is my will and desire that my two sons, John Bushart and John Bushart, have the entire control and management of all my real estate of every description until the death of my beloved wife Nancy Bushart, and that they rent the same annually and apply the proceeds to the support of my beloved wife Nancy and to the payment of any trouble that they or ??? of them may have with me during my life or my wife during her life time.

Item 3rd. It is my will and desire that at the death of my beloved wife Nancy that my executors sell all my real estate on a credit of twelve months, the purchaser giving bond with approved Security, and that the proceeeds when collected to be applied first to the payment of all expenses of every description that may have accrued on any of my children in taking care of me and my wife Nancy over and above what the rent of said real estate may pay, they being allowed to make a reasonable charge for their trouble, and the balance if any then to be equally divided between all my beloved children share and share alike (to wit) Elizabeth Ridenborn, John Bushart, Henry Bushart, Sally Bachus, Ann Deets, Caleb Bushart, and Daniel Bushart, Polly Caldwell, them and their heirs forever.

Item 4th. It is my will and I do hereby nominate and appoint my two sons, John Bushart and Henry Bushart, Executors of this my last will and Testament to carry said will and every part there of into effect, and I do not wish the county court to rule them to bond and security, being perfectly willing to trust them with the management of said estate without any Security.

In Testimony whereof I the said Jacob Bushart have hereunto set my hand and affixed my seal to this my last will and Testament this the 23rd day of March in the year of our Lord one thousand Eight hundred and fort eight.

Jacob Bushart

his mark

Signed sealed and acknowledged in presence of us and we signed the same in the presence of the Testator and at his request

Constantine Frazier

John W. McCord

A Report of the amount of Sale that came into my hands as Executor of Jacob Bushart Sen. deceased

146 acres of Land Sold on the 17 day of September 1853 
	for 									    1050 00
1 note on Henry Bushart                                 17 58
Interest on Same to Oct 6th 1853                         6 25
Amt on arbitration                                       6 17
One note on Henry Bushart & Jno McCord for due 
    Jany 25th 1852                                      75 55
1 note on Danl Ritinghour for 14.68 due April 23, 1824, 
	credit Sept 15, 26, 4.50  [very doubtful]          10 18
1 note on Caleb Bushart due December 5th 1840 doubtful  14 50
1 note on Jacob Bushart for $4.31 due Jany 12th 1835     4 31
	[very doubtful indeed]

The above is the inventory of all the goods, chattels, rights and credits, of the said Jacob Bushart Sen. deceased which have come into my hands, possession, knowledge, or in the hands of any other person for me to the best of my knowledge and belief this 11th day of October 1854.

John Bushart, Executor

Sworn to before me Oct 11th 1854. Robert Lemonds, clerk

State of Tennessee, Henry County

We and each of us, William C. Busheart and Newton J. Busheart, considering the uncertainty of this mortal life and being sound of mind and memory blessed by almity God for the same, do make and publish this our last will and Testament in manner and form following (viz) to John F. Busheart and Amanda Haley, Mariah Hornsby, Susan E. Busheart, Virginia Busheart, Alabama Busheart, Thomas Franklin Busheart our hoarses, notes, money, goods and chatles, personal or real property, or anything to which we may hereafter become entitled, we hearby appoint and constitute John W. Harris our Executor to this our last will and Testament, who out of the above property is to pay all of our just debts, we do not require any security of the said Harris for the faithful Executing of the same, in Testimony of the same we hearunto set our hands and seals.

W. C. Busheart

N. J. Busheart

May 22nd 1861

Test.

W. F. Haynes

J. W. Harris

p.296 John F. Bushart appointed administrator of will of W. C. and Newton J. Bushart, 3 Apr 1865. Signed John F. Bushart, John Dillahunty, A. B. Fowler.

p.313 John Bushart executor John Roberts, deceased, 7 Aug 1865. Signed John Bushart, R. M. Job, James Myrick, John F. Bushart.

Various Guardian Reports from Asa W. Bacchus (4 Apr 1842, 25 Dec 1843, and 9 Jun 1845) name Asa W. Bacchus as the guardian of William J. Rogers, minor orphan of Bethel Rogers. None of the reports name William J. Rogers's mother. The reports detail small amounts of money owed to Bethel Rogers before his death which Asa W. Bachus was collecting in order to pay for the upbringing of William J. Rogers. Among the people who owed money to Bethel Rogers were Jacob Bushart, Sr. and Henry Bushart. [Author's note: Even though William J. Rogers's mother, Ann [Bushart] Rogers was still alive, it was very common to call a child whose father had died but whose mother still lived an orphan, and to appoint a man as the orphan child's guardian, in this case Asa W. Bacchus, husband to Sarah [Bushart] Bacchus, and thus the boy's uncle. Asa W. Bacchus remained the boy's guardian even after Ann remarried to Frederick Deets in 1840.]

p.82 Guardian Bond. John Bushart appointed guardian of wife, Mary E. Bushart, a lunatic, 1 Apr 1872.

p.243. Administrator Bond. John Bushart appointed administrator of Daniel Griffin, deceased, 1 Apr 1872.

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