Family Stories

Will of Charles Montgomery

Charles Montgomery was my 4th great-grandfather.  He was born in Charles County, Maryland, July 25, 1750, the son of Peter Montgomery and Margaret Hagan.  Charles married Mary Ann Elder, daughter of Charles Elder and Julia Ward, January 27, 1787, in Maryland.  They moved their family to Washington County, Kentucky, about 1795.  They had 10 children before Charles died on April 26, 1809:  John Henry, Samuel Louis, Anne Frances, Benedict Elder, Mary Ann, Mary Eleanor, William Peter, Ann Rebecca, Elizabeth Margaret and Charles Pius Montgomery.  I am descended through their son William Peter who married Mary “Polly” Yates.  I am not sure where Charles Montgomery and Mary Ann Elder Montgomery are buried, but would have to guess in the cemetery of the old St. Ann’s Church.  There are no stones left in the cemetery, and probably no records – at least none that I’ve found.

Washington County, Kentucky, Will Book B

pp. 21-22

In the name of God, Amen.  I, Charles Montgomery, of the County of Washington and State of Kentucky, being delicate of body but of sound memory and understanding do constitute and appoint this to be my last Will and Testament as follows:  I give and bequeath unto my beloved wife Mary Ann Montgomery the plantation and tract of land whereon I now live to sell, convey and dispose of forever, as she may think proper.

Item 2nd.  I assign unto my wife all the cash debts due me by bond or notes.

Item 3rd.  I also give and bequeath unto my wife all the Negroes to be kept for the use of herself and the children or to be hired out as she may judge best, or to be sold by her if she chooses.

Item 4th.  I also give my wife during her single life the tract of land I purchased of William Wright, reserving therein a home and support for my daughters so long as they live single and after that to be equally divided amongst my sons.

Item 5th.  I give and bequeath unto my wife, in order to make her still more to raise our children, all the residue of my estate leaving her entire and sole executrix, without giving bond and security to the Court for the performance thereof.  In testimony whereof I have hereunto set my hand and affixed my seal this 13th day of April 1809.

                                                         Charles Montgomery

The subscribers do certify that Charles Montgomery signed and acknowledged the above to be his last Will and Testament and being in his senses.  Given under our hand the date above.

John Lancaster, Peter Higdon, Jeremiah Lancaster.

At a County Court held for Washington County the eighth day of May, 1809, this will was proved by the oaths of John Lancaster, Peter Higdon and Jeremiah Lancaster, Sr., subscribing witnesses thereto and ordered to be recorded.

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