David Booher ^{1 2}

  General Notes:

!SOURCES:
1. USGenweb: TX Archives: Fannin Co., Porters Cemetery, w. of Randolph
2. 1850 Clinton Co. KY census [see father]
3. 1860 Clinton Co. KY census
4. 1870 Clinton Co. KY census
5. 1880 Clinton Co. KY census
6. 1900 Fannin Co. TX census
7. 1910 Fannin Co. TX census
8. Marriage Records from the KHS
9. 1920 Fannin Co. TX census
10. Will of David Booher
11. Mineral lease in Clinton Co. KY
12. Deed - 25 July 1873 David Booher to Emery and William Henry Parrigin
13. Deed - 5 Sept 1884 Jonathan and M.E. Smith to David Booher

!BIRTH: Estimated from censuses - census for place; Source-1 for exact date

!MARRIAGE: Source-8 for date

!DEATH: Source-1 for date

!BURIAL: Source-1 for place

!ADDITIONAL INFORMATION: Source-10 State of Texas, County of Fannin
I, David Booher, being of sound mind and disposing memory do make this my last will and testament.
1. It is my desire that all my just debts be paid
2. I hereby appoint W. G. Booher executor of this will without bond
3. After my debts have been paid, I hereby bequeath to W. G. Booher and Tessie Muirhead, son and
granddaughter respectfully all estate and property, real, personal and mixed of which I may possessed.
4. I make this devise because I have entire confidence in W. G. Booher to rightfully administer my estate and
rightfully use the proceeds thereof and because I believe that in this way I can best serve the interest of those
to whom I am beholden.
Signed in the presence of S. W. Brown, and J. S. Brown and A.D. Bowen, witnesses, this 29th day of January A.C. 1924. his
David X Booher
mark
We, S. W. Brown and J. S. Brown and A. C. Bowen, witnesses signed the foregoing will of David Booher, in his presence and at his request, and in the presence of each other. At the time of the signing of this will the said David Booher is of sound mind and disposing memory.

Signed by the above. Filed Apr 2 1927



Source-11 (This document is very hard to read)
David Booher Mineral Rights, Book A pgs 255-256

This Indenture made this thirty first day of January 1865 between G.M. Hurst I.A. Brents & E of the second party and David Booher of the first ??????? That the part of the first part hereby lease to the part of the second part the following premises to ???: all that hast a parcel of land which he bought of G.L. Shelley lying cause being in Clinton County and State of Kentucky on Ill Will Creek, decrutaining one heir Red Acres. For the place of ninety-nine years and covenants to keep the tenants in quiet possessions of the premises during said turn.
It is hereby agreed ???????? Said parties, that the parties of the second part shall have the sole and exclusive right to lose, ???????, mine, and dig for oil salt, waters, coal, iron, or other minerals, and the exclusive right to the use and benefit of all of said oil, minerals that may be upon or under said land for the turn of years above specified.
In consideration whereof these parties of the second part bind themselves to give to the party of the first part one truth part of all the oil, salt, or other products obtained from said land to be detuned by the parties, of the second part of the party of the first part in markable condition upon the premises in good and sufficient barrels, which shall be furnished by the party of the first part. It is agreed that the parties of the second part commence searching for oil and other minerals within ten years. It is agreed that the parties of the second part fail to obtain oil as other products, and shall abandon these premises, as upon the expiration of the turn for which this lease is given, they shall be at liberty to ?????? all tools, chambers, engine or engines, and machinery they may have placed upon said land.
It is agreed that the party of the first part shall give to the party of the second part time ???? ???? Fourth to each the necessary buildings on said land, if said timbers can be got upon said land.
It is agreed that the parties of the second part shall have the right of way to and from said premises; over any other land, or water course, owned or possessed by the party of the first part and the right to make all roads necessary to get the product of said to market in the cheapest and bet manner.
It is further agreed that the parties of the second part may, at any time or times hereafter, during the terms hereby granted, lease as under all or any part of said premises, or the whole or any part of said term of may be assigned or transferred to any person or persons whomsoever.
In testimony, whereof, we have affixed our signatures the day and year above written.

Witness David X (his mark) Booher
Jas. M. Bristow J.A. Bristow
G.W. Hirsh
E.H. Hobson
By Hirsh

Kentucky Clinton County Sel
I W.W. Page Deputy Clerk of Clinton County Court certify that on the 25th day September 1865 the foregoing lease from David Booher to I.A. Brents and others was produced to me in my office profusely acknowledged before J.M. Briston Clerk of the Clinton County Court and proven by said Briston subsisting ?????? ?????? to be their act and deed and in having been duly stamped as ?????? by law I have duly recorded the same in my office together with this certificate.
Given under my hand as deputy clerk ????????? this 26th day of September 1865.
Aeopy Atten W.W. Page DC
From J.M. Bristow Clerk

Source-12 • Property, Jul 25, 1873 - Albany, Clinton, Kentucky, USA

For and in consideration of the sum of four hundred dollars ($400.00) in hand paid the receipt of which is hereby acknowledged I have this day bargained and sold and do by there presents bargain sell and convey unto Emery Parrigin and W. H. Parrigin a certain tract and parcel of land lying and being in Clinton County and state of Kentucky on the waters of Illwill Creek and bounded as follows : Beginning at a stake in the branch on the old line thence running up the branch with its meanders to a buckeye and above the old mill site thence due east to a state on the old line, thence with the old line to a large white oak now fallen down, thence S32 W 67 poles to an elm and thence N61W61 poles to a white oak at the road, Thence N66W26 poles to a sassafras and thence N75W60 poles to a stake in the branch. Thence N47 to a Spanish oak thence with L. S. Shelley;s line to the beginning containing one hundred acres to be the same more or less to have and to hold unto them the said Emery and W. H. Parrigin forementioned. It is hereby agreed that Henry Parrigin and Elizabeth Parrigin father and mother of said Emery and W. h. Parrigin have the right to live and use enjoy and continue said lands during their natural lives. Said land is not to be sold nor made subject to the debits of said Henry and Elizabeth which may have been heretofore and henceafter. In witness whereof I hereto together with Margaret Jane Booher my wife who also joins in this sale and conveyance herein hereby relinquishing her right to dower in said land set our hands and seals this 28th day of July, 1873.
David Booher (his mark)
Margaret Jane Booher (her mark)

Source-13 ¢ Land, Sep 5, 1884 - Ill Will Creek, Clinton County, Kentucky

Enunciated and Delivered to D.W. Booher September 5th 1884.
This indenture made and entered into this January 21st 1884 between Jonathan Smith and M.E. Smith wife of the Said Jonathan Smith of the county of Clinton and state of Kentucky of the one part and D.W Booher of the county of Cumberland and state ?????? of the other part witnesseth that for and in consideration of two hundred and ten dollars one hundred dollars in hand paid and the remainder in two equal payments of $55 each one due April 1st 1885 one due April 1st 1886 each bearing interest from date and of even date of this deed. The said Smiths have this day sold and conveyed unto said Booher a certain tract of land of the waters of Illwill creek in Clinton County KY known as the land that the Said Smith bought of W. Petty November 8th 1882 and bounded as follows beginning on a rock on the road leading from Albany to Burkesville on the line which divides the lands of J.H. Wright & J.A Vincent thence S 77 W 34 poles to a rock thence S 50 W 24 poles. Thence S 18 W 96 poles to a Buckeye thence with a conditional line between D Booher and L.S. Shelley to a buck in the fork of a branch thence up the branch to the original line between J.H. Wright and J.A. Vincent thence north poles to a red bud and sugar tree thence N 20 W 18 to a hickory thence N 16 W 28 to a white oak thence N 3 E 39 poles to a rock at the big road the beginning containing seventy acres be the same none or less to have and to hold the above described land free from the claims or claim of any and all persons whomsoever and the Said Jonathan Smith and M.E. Smith do bind themselves to forever warrant and defend the title to said land to him the said Booher his heirs or assigns for even by written under our hands this day and date above written.
Attest Jonathan Smith
C.L. Holsapple M.E. Smith

State of Kentucky
County of Clinton
I, C.B. Parrigin Clerk of the Clinton County Court certify that the foregoing deed of conveyance from Jonathan Smith and M.E. Smith his wife to D.W. Booher was legally acknowledged before C.L. Holsapple my lawful deputy by Jonathan Smith and M.E. Smith in ?????? examination as appears from his endorsement thereon which is in these words figures ?????? acknowledged by Jonathan and M.E. Smith before me on a private examination January 21st 1884.
C.L. Holsapple D.C

And the same being on this day was legally ledged in my office for record therefore I have duly recorded the same together with this certificate in my office. Given under my hand this September 5th 1884.
C.B. Parrigin Clerk
By B.L. Leslie D.C.
!CENSUS:
1860 Source-3 p. 18 #370
Booher, David 24 farmer VA
Margaret J. 28 KY
Martin D. 5/12 "

!1870 Source-4 p. 37 #34
Booher, David 34 farmer VA
Peggy J. 40 KY
Martin D. 10 "
Margaret E. 9 "
Mary E. 6 "
Rebecca J. 5 "
Sarah A. S. 3 "
Nancy A. 1 "

!1880 Source-5 p. 52 #254
Booher, David 44 farmer VA TN TN
Margaret J. 50 KY TN TN
Margaret E. 18 KY VA KY
Mary E. 16 KY VA KY
Rebecca J. 14 " " "
Sarah A. C. 12 " " "
Nancy A. 10 " " "
William G. 8 " " "
Samuel G. 5 " " "

!1900 Source-6 p. 227 #89-89 3 J-Pct
Booher, David Feb 1836 64 m 41 yrs VA VA VA farmer
Margaret J. Nov 1829 70 8-6 KY TN TN
William G. Sep 1872 27 KY VA KY farmer
Mary E. May 1874 26 " " "
Cassie Jun 1893 6 TX KY KY g-dau

!1910 Source-7 p. 283 #47-47 3 J-Pct
Booher, David 74 m 52 yrs VA US US farmer
Meg 74 8-4 KY US US
W.G. 35 KY VA KY salesman
Cassie 16 TX US KY g-dau

!1920 Source-9 p. 164 #352-358 Trenton
Booher, David 84 wd. VA VA VA none
W.G. 47 s KY VA KY merchant
John 34 KY KY KY farm laborer g-son

  Noted events in his life were:

1. Census in 1850 in Division 1, Sullivan, TN. ² In the 1850 Census two Booher households are living as neighbors. Martin Booher, farmer, 38, with wife Margaret, 38. Children: Charlotte, 18; Elizabeth, 17; David, 13; Salina, 12; son Jms, 10; Margaret, 7; William, 5; Mary, 3, and Rebecca 1 month. Everyone was born in Tennessee.

Next door is Jacob Booher, 52, farmer, was living with wife Catherine, 50. With them are children: David, farmer, 16; Susan, 14; Jacob, 10; and Christanna, 9. The parents were born in Pennsylvania, the children in Tennessee.

David married Margaret Jane Shelley on 12 Jan 1859 in , Clinton, KY. (Margaret Jane Shelley was born on 13 Nov 1829 in , Clinton, KY, died on 10 Oct 1919 and was buried in Porters Cemetery, , Fannin, TX.)