Mary Ann Higginbotham

MARY ANN Cash Higginbotham had an older sister, MARY Cash Lively.

The two sisters are often confused with one another. The 1772 will of their father Howard makes it clear that these are two different women.

Sister MARY is called "MARY LIVELY" in the will.

MARY ANN was unmarried and underage in 1772:

"Item. My will is that after the decease of myself and my wife, the increase of Sall if any may be equally divided between my daughters, MARY ANN and RUTH, and if either of said daughters should depart this life UNMARRIED or before they arrive to LAWFUL AGE, the survivor of them should possess the issue of the negro woman."

See the complete will below.

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WILL OF HOWARD CASH Amherst Co. Va. [ Will Bk 1:228-231].

In the name of God Amen.  I, HOWARD CASH, of the county of Amherst, being sick and weak of body, but of sound and perfect state of mind and memory and knowing that it is appointed for all men once to die, do make and ordain this my last Will and Testament.

First, I lend my wife, RUTH, eight negroes during her natural life, namely, Joseph, Cate, James, Charles, Sall, Dinah, Dick, and David.

Item. I lend to my beloved wife during her life the land and plantation whereon I live, which said land and negroes I lend to my wife during widowhood or natural life.

Item.  I give to my son, JOEL, one hundred acres land joining the land on which he lives and 2 negroes named Dick, a boy, I give to my grandson, HOWARD, the son of JOEL CASH, after the death of my son, JOEL, to him and his heirs forever.

Item. I give to my daughter, MARY LIVELY, a negro wench named Sarah.

Item. I give to my son, BENJAMIN, 400 acres land adjacent to land that is at present the property of Capt. AARON HIGGINBOTHAM, and the land whereon I now live, also a negro fellow named James, whom I purchased of W. THOMAS MITCHELL.

Item. I lend to my daughter, ROSANNA, a negro wench named Fillis during her life and after her decease to my grandson, MICAJAH (her and her increase to him and his heirs forever).

Item. I lend to my daughter ANN POWELL, a negro wench named Peg during her life and after her decease to the heirs of her body and if she dies without issue my will is that the said negro her increase may descend to the children of my daughter, ROSANNA.

Item. I give to my son, ROBERT, 240 acres land lying between the land whereon I live and STEPHEN CASH'S land, moreover, I give to my son, ROBERT, 400 acres land which I left to my wife, after her decease, a negro boy named John and also a bed and furniture and 2 cows.

Item. I give to my daughter, MARY ANN, a negro boy named Ralph and also a bed and furniture and a cow and a calf.

Item. My will and desire is that my daughter, ELIZABETH NUCKLES, may have 30 pounds to be raised out of my estate which I have willed to my wife, to be paid in ten years by an order for 3 pounds a year upon some merchant as soon as it becomes due. I give to my daughter, RUTH, a negro girl named Nell and her increase to her and her heirs for ever and also a bed and furniture and a cow and a calf.

Item. I give to my son, STEPHEN, 5 shillings and I give to my daughter SARAH MAUZE, 5 shillings.

Item. My will after the decease of my wife, RUTH, is that two negroes, James and Charles, may descend to my son, JOEL, and Joseph and Cate to my son, BENJAMIN, and two negroes, Sall and Davie, to my son, ROBERT.

Item.  My will is that after the decease of myself and my wife, the increase of Sall if any may be equally divided between my daughters, MARY ANN and RUTH, and if either of said daughters should depart this life unmarried or before they arrive to lawful age, the survivor of them should possess the issue of the negro woman.

Item.  The residue of my estate which I have not already devised may go to my beloved wife during her life and after her decease to be equally divided between my three sons, JOEL, BENJAMIN, and ROBERT.

Item.  I do not desire that my estate be appraised and I appoint my beloved wife, executrix, and my sons, JOEL, BENJAMIN, and ROBERT, executors of this last Will and Testament.

Test: Roderick McCulloch David Crawford s/HOWARD CASH (seal) 28 Feb. 1772

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