I can’t say that I’ve seen an agreement, such as the following one, in a will book. That’s not to say this is the one and only. Generally, my search is for wills. Isham Goss Hamilton is buried in Old Burlington Cemetery, in the city of the same name, in Boone County. Isn’t it handy when the gravestone lists where the person was born? In this case Isham was born in Buckingham County, Virginia, in the year 1792. How and when he made his way to Kentucky is unknown, but we do know he was in Boone County by 1815. He married Lovinia Eve on October 31st of that year. The couple had three children before Lovinia’s death in 1827 – Mary, Milton and George. Isham G. Hamilton married Nancy Love, December 5, 1830. The couple were married 43 years before Isham’s death May 21, 1873. In reading the agreement you realize Nancy is a second wife – she is given her thirds. Also, there is no mention of relationship between Nancy and the M. Hamilton, the administrator of the estate. I’m sure this must be son Milton Hamilton. Nancy lived another six years after the agreement, dying in 1880.
M. Hamilton and Nancy Hamilton Agreement
Boone County Will Book L, Pages 76-77
Whereas I. G. Hamilton of Burlington, Boone County, Kentucky, departed this life intestate, leaving a widow named Nancy Hamilton and certain personal property, and whereas M. Hamilton has been appointed by the county court of Boone County, Administrator of the said I. G. Hamilton, deceased, now therefore, this agreement witnesseth that the said Nancy Hamilton, widowed, as aforesaid, doth hereby agree to and with M. Hamilton, Administrator, as aforesaid, to take and accept in lieu and in substitute of all the personal estate
Directed by law to be set apart to widow, the following portion of the estate of said I. G. Hamilton, to wit: All the household and kitchen furniture owned by deceased at the time of his death, also horse buggy, spring wagon and all other personal property, except notes and accounts and the notes on C. M. McKin are now surrendered to said administrator. If it shall hereafter appear that the notes and accounts due said I. G. Hamilton are more than sufficient to pay the debts of decedent, then the widow is to have one third of the surplus over and above the payment of debts. It is understood that this agreement has nothing to do with the real estate and town lots.
This 16th January 1874
Nancy Hamilton, M. Hamilton, Administrator of I. G. Hamilton, Deceased
Witnesses Sam Cowen, R. C. Green
State of Kentucky, Boone County
I, A. B. Parker, Clerk of the county court for said county, do certify that the foregoing article of agreement, made and entered into by and between M. Hamilton, Administrator, of I. G. Hamilton, deceased, and Nancy Hamilton, the widow of said I. G. Hamilton, was this day produced to me in my office by said M. Hamilton and acknowledged by him to be his act and deed. And the same was also duly proven to be the act and deed of said Nancy Hamilton by the oaths of R. C. Green and Sam Cowen, witnesses thereto as required by law. Therefore, same by the order of M. Hamilton has been duly recorded in my office. Given under my hand this 19th day of January 1874.
A. B. Parker, Clerk
Categories: Old Documents