Josiah DANIEL

1744 - 1811  (67 years)

• Name	Josiah DANIEL
  Birth	19 Jan 1744
  Gender	Male
  Death	15 May 1811
  Person ID	I30124597103	Brown/Hayes
  Last Modified	28 Jan 2025

  
  

  Father	James DANIEL,   b. 05 Nov 1707, Middlesex Co., VA
  Mother	Jane HICKS
  Marriage	01 Nov 1725	Middlesex Co., VA
  Family ID	F351	Group Sheet  |  Family Chart

  
  

  Family	Elizabeth KEY,   b. 19 Oct 1746
  Marriage	Bet. 1760–1765	Prob. Albemarle Co., VA
  Children	1. James Key DANIEL,   b. 22 Aug 1766   2. Nancy Bibb DANIEL,   b. 27 Oct 1767   3. Thomas DANIEL,   b. 17 Feb 1769   4. Leonard DANIEL,   b. 10 Apr 1770   5. William Willis Ford DANIEL,   b. 09 Feb 1774   6. Martha Tandy (Patsy) DANIEL,   b. 09 May 1775   7. Martin DANIEL,   b. 12 May 1777   8. Henry DANIEL,   b. 01 Jan 1778   9. Chesley DANIEL,   b. 07 Sep 1780   10. Joshua DANIEL,   b. 20 Feb 1782   11. Josiah DANIEL,   b. 22 Apr 1784   12. Elizabeth DANIEL,   b. 01 Dec 1785   13. Robin DANIEL,   b. 23 Dec 1787   14. Walter DANIEL,   b. 07 Jan 1789   15. Samuel DANIEL,   b. 26 Dec 1790
  Family ID	F353	Group Sheet  |  Family Chart
  Last Modified	28 Jan 2025

  
  

• Notes

  "massive' file of estate papers, Josiah Daniel, 1811. Court Minutes of granville co., NC, 1746-1820 by Zoe Hargett Gwinn, 1977 Aug, 1814 WOODSON DANIEL, executor of JOSIAH DANIEL, decesaed, records bond given for debts proportionally of the heirs of deceased, namely WILLIAM, WALTER, JOSIAH, SAMUEL, ELIZABETH AND MARTIN DANIEL. Aug, 1815 SAMUEL DANIEL, trustee, deeds to WOODSON and BEVERLY DANIEL, all right of JOSIAH DANIEL, bequeathed to him by the father, JOSIAH DANIEL (of the estate) (this is deed @@415 above) The son of James, Josiah, Daniel (1/15/1744 - 5/15/1811) , a private in Gist's Regiment in the Revolution, followed his brother Chesley, into Granville Coounty after the war. There he bought land and reared a large family. Mecklinburg Co, VA, Deed Book 3 Jan 11, 1773 from Josiah DANIEL, of Albemarle Co., and Elizabeth his wife, to Thomas REVES (RIVERS) of M (Mecklinburg?) for pd 230, a certain tract of land in M on both sides of Nutbush cr., bounded by Thomas CARTER, Miles JOHNSON, the Col line between NC and VA, James SHEDD. The said (sic) 40 acres was patented to John Robinson in 1750, and conveyed by John ROBINSON to the said Josiah DANIEL, by Lunenburg Coounty Deed. Signed - Josiah DANIEL, Elizabeth (x - her mark_ DANIEL. Recorded Jan 11, 1773 The will of Josiah Daniel was recorded in Will Book 7, page 182, Granville Co., NC Proved at the August Court, 1811, Granville co., NC. It reads, I Josiah Daniel,a citizen of the united States and a resident of the county of Granville in the State of North Carolina being in my prefect mind in order to dispose of what property God in his kind providence has been pleased to bestow upon me do make this my last will and testament revoking all others. Item 1st. In order to prevent any doubts which possibly may arise relative to the right which those of my children as follows ZJames K Daniel, Thomas Daniel, Leonard Daniel, Nancy Graves, martha Brown may now have or have had of the property they have received from me I deem it proper to declare that they property alluded to, was intended to be invested in them, and that I disawov any claim to it whateveer, and that it does not come with in the Provience of this will for any reason than that above mentioned and further I think it proper to declare that the property alluded to, was intended to be their full share of my estate, except Martha Brown which shall be hereafter mentioned and that nothing in t his will is intended to be construed in any other manner. Item 2. It is my will and wish that all my just debts shall be speedily settled and paid as soon as possible. And my executors may take such part of my property as they think can best be spared to sell for the purpose of paying off my just debts. item 3. i give & bequeath to my daughter Martha Brown one negro girl by the name of Nell to her and her heirs forever. Item 4, I give and bequeath unto my sons William Daniel and Martin Daniel the tract of land I bought of Daniel Melon which I wish to be equally divided between them in such a manner as for each ones part to take in the dwelling house which they at thistime occupy which I give to them and their heirs forever. Item 5. I give and bequeath unto my son William Daniel and his heiers forevber one negro slave by the name of jerry Item 6. I give and bequeath unto my son Martin Daniel and his heris foreber one negro salve by the name of Lewis. Item 7. I give and bequeath unto my sons Chesley Daniel, Henry Daniel, Josiah Daniel, Joshua Daniel, Walter Daniel, Samuel Daniel and daughter ElizabethDaniel and their heirs forever all my personal estate to be equally divided after certain provisions relative to m y wife as hereinafter mentioned is complied with Item 8. I give and bequeath the tract of land on which I now live to my sons Josiah Daniel, Walter Daniel, and Samuel Daniel to them and their heirs forever to be equally divided in a manner most advantageous, it is my will and desire that the part that may take in the dwwelling house which I occupy shall belong to my son Samuel Daniel subject to the provisions hereinafter mentioned. I lend unto my wife during her life such part of the land I now live on that may be laid off for my son Samuel Daniel as shall be adjudged necessary for her to work the negroes on hereafter mentioned ( & stock of every kind) to wit Ned, Hannah, Rachel and Nell which negroes I lend unto my loving wife during her life time and part of my household and kitchen furniture and Plantation utensils as she may want or wish to have, which after her death shall be disposed of according to the provisions of this will as relative to my personal property.Item 9. It is my will and desire that my sons Samuel Daniel and Walter Daniel shall pay annually to my son Samuel while my wife occupies his part of said land whatever rent that the commissiohners shthat may be appointed to carry into execution this will and say the annual value of the rent of said land to be occupied by my whife which rent is to be paid annuyally. I appoint Thomas Brown, my loving wife Elizabeth Daniel, Woodson Daniel and Josiah Daniel Jun. Executors of the my last will and testament. Lastly in order to prevent disputes of any kind that may arise touching the execution of this will, which is my most anxious wish to prevent, it is my will and desire should any such doubt arise, that my executors shall immediately proceed to appoint each some discreet person who when appointed shall form a board and proceed to enter on suvch doubtful matters and the award of a majority of which when made shall be sufficient as to a choice of an umpire. In testimony whereof I have hereunto set my hand and affixed my seal this twenty third day of April One Thousand eight Hundred and eleven and of the inependene of the United States the thirty fifth year. Signed sealed and delivered - Josiah Daniel In the presence of Chesley Daniel David Knott, Jun. Mecklinburg Co, Va Deed BK 3: Jan 11, 1773, from Josiah DANIEL, of Albemarle Co., and Eliza beth, his wife, to Thomas REEVES (Rivers), of Mecklinburg, for 230 pd, a certain tract of land in Mecklienburg on both sides of Nutbush Cr, bounded by Thomas CARTER, Miles Johnson, the County line between North Carolina and Virginia, James SHEDD. The said (sic) 400 acres was patented to John ROBINSON in 1750, and conveyed by John Robinson to the said Josiah Daniel, by Lunenburg CCounty deed, Signed Josiah DAIEL and Elizbeth ( her x mark) DANIEL. Recorded Jan 11, 1773osalyn Sumner -- rdsumner@@bellsouth.net Court Cases . A US Genweb Archive Project. North Carolina Reports, Vol. 7, Reports of Cases Argued and Determined in the Supreme Court of NC AD Murphrey, reporter. Annotated by Walter Clark, Reprinted by the State of. Nash Bros, Printers, 1910 (copies on file) MAY TERM, 1819 (#12) MAURICE SMITH v WOODSON DANIEL, JOSIAH DANIEL AND ELIZABETH DANIEL, Executors and Executrix of the Last Will of Josiah DANIEL, Sen., dec'd, and agains't Robert WADE. From Granville A recovers a judgment at law against B and C, which is stayed by injunction. B dies and the suit in Equity is prosecuted by C, who also dies before the hearing, making his will and bequeathing a negro girl slave to his daughter Elizabeth. A decree is made after his death, dissolving the injunction in part and giving A leave to proceed upon his judgment at law. Neither the representative of B or C are made parties to this decree. A sues out his execution against the goods, chattels, lands and tenements of B and C; which execution the Sheriff levies upon the negro girl slave, bequeathed to Ellizbeth, and then in her possession by the assent of the executors; he sells her for 60L and pays the money into the office, he being ignorant of the bequest. Elizabeth sues the Sheriff, and recovers the value of the negro girl. And the Sheriff thereupon moves the court for leave to ament his return on the execution ,,,,,,,,,,,, the fact that there was no property of B to C to be found; and also vfor leave to withdraw from the office the money he had paid in. Tis motion allowe: for Upon the application of Elizabeth, the Court would have restsored the property after the seizure; and, as she elected to bring a suit against the Sheriff, he should be cvonsidered as standing in her place, and having the rights which she had before the action was brought. The Sheriff may be permitted to make a return upon an execution or to amend it according to the ttruth of the case, at any time after the return day, even where important consequences as to the rights of the parties may be produced by such amendment. Same Term (#6) Smith v. Daniel This was a motion on behalf of Maurice Smith , Sheriff of Granville Co, for leave to amend his return on the execution hereafter mention, upon the following case: (6) Smith v Daniel Court of Law, which came on for trial at March term, 1815, when a verdict and judgement were rendered for her ( Elizabeth daneil -- jb) , for the value of her interest in Nelly; which judgment Smith paid. Whereupon, Smith obtained a rule in the County Court at May term, 1815, on Wade and also on the executors and executrix of Josiah Daniel, sen'r, to show cause why he should not amend his return on the fi.fa. afroesaid, or said the said fi. fa. aside, and he be allowed to draw from the office the money paid in by him on the same. Upom the hearing of the rule, it was made absolute, and Smith was allowed to amend his return by striking out the whole thereof, and inserting the words "There are no goods, chattels, lands and tenements of the defendants to be found" And he was permitted to receive from the clerk the moneis paid into the office on the fi fa. (there are pages more of this suit, in which the sheriff apparently allowed the sale of a slave which had been willed to Elizabeth Daniel by her father, Josiah. Apparently, Elizabeth sued the Sheriff for the value of the slave girl, Nelly. The Sheriff paid her, and then tried to recover the money which he apparently paid out of his own pockeet, from the Court.