On 1 October 1795, Daniel wrote his will which mentions his wife " Nicey" Durham. Based on this will we know that Daniel had the following children:
In the will, Daniel says he is in poor health but there is no indication of when he died. The will was probated on 28 April, 1801 but the 1800 federal census shows Nicey Durham (without Daniel) living in a household of 4 "free colored people. Also a record dated 18 April, 1801 shows Unice Durham (Nicey) married Griffin Bass. So clearly, Daniel died sometime earlier. Nicey and Elijah Conceler were named executors of the estate and one of the witnesses was Daniel's brother, Benjamin Durham .