This indenture involves my third great-grandfather, William Peter Montgomery, and his deceased brother, John Henry Montgomery.  John Montgomery married Eleanor Elder January 9, 1815, in Washington County, Kentucky.  John was the eldest child of Charles Montgomery and Mary Ann Elder, William was the youngest.  In their approximate ten years of married life John and Eleanor had six children – one son, William Rezin Montgomery; and five daughters – with beautiful names – Ann Maria, Mary Eleanor, Emily Rose, Matilda Catherine and Anne Amanda.  We are fortunate to have their names in the following document – an indenture for the 1/5 part John Montgomery owned in the 194 and ¼ acres of land which was devised to him from his father, Charles Montgomery. 

John Montgomery didn’t leave a will – perhaps his death was very quick?  His brother William, who died in Washington County during the cholera epidemic of 1833, left a nuncupative will, no signature, the witnesses wrote it down for him.

Indenture Between Ignatius L. Johnson, Kinsey Gettings and William Wright, Commissioners for John Montgomery, Deceased, and William P. Montgomery

Deed Book J, Pages 161-162

This Indenture made and entered into this 13^th day of March in the year of our Lord One Thousand Eight Hundred and Twenty-Eight, between Ignatius L. Johnson, Kinsey Gettings and William Wright, of Washington County, Kentucky, of the one part and William P. Montgomery of the same County and State of the other

part.  Witnesseth that whereas John Montgomery, deceased, in his life time, to wit, on the 11^th day of November 1825, executed and delivered to Aquilla Blandford by his bond for the conveyance of the undivided one-fifth part of one hundred and ninety four and one fourth acres of land being all the interest of the said John Montgomery, in the land which was devised to him by his father, Charles Montgomery, the land in Washington County, for the consideration of eight dollars per acre and whereas the said Aquilla Blandford did afterwards to wit, on the 3^rd day of June 1826, by endorsement on said bond, assigned the same to the said William P. Montgomery, which said bond and assignment are duly recorded in the Clerk’s office of the Washington County Court, on Monday the 26^th day of February 1827.  On the motion of the said William P. Montgomery, he having done what the law requires it was ordered that the said Ignatius L. Johnson, Kinsey Gettings and William Wright be appointed commissioners on behalf of the infant heirs of said John Montgomery, deceased, to convey the aforesaid land to the said William P. Montgomery.  Therefore, the said Ignatius L. Johnson, Kinsey Gettings and William Wright, in consideration of the premises do for and on behalf of Ann Maria Montgomery, William Rezin Montgomery, Mary Eleanor Montgomery, Emily Rose Montgomery, Matilda Catherine Montgomery, Anne Amanda Montgomery, infant heirs and legal representatives of John Montgomery, deceased, grant, bargain transfer and convey to him, the said William P. Montgomery, the aforesaid interest of the said John Montgomery, deceased, in the land above described and the said commissioners for and on behalf of the said infant heirs of the said John Montgomery, deceased, do covenant and agree with the said William P. Montgomery that they, the said infant heirs of John Montgomery, deceased, will warrant and defined the said land and premises with every appurtenance thereunto belonging to him, the said William P. Montgomery and his heirs or assigns from and against the claim or claims of themselves and their heirs and from and against the claim or claims of all and every person or persons whatever (but said commissioners are in no event individually liable).  Witness the hands and seals of the said commissioners the date first written.

Ignatius L. Johnson, Kinsey Gettings, William Wright

I, Eleanor Montgomery, widow of John Montgomery, deceased, do hereby release relinquish and forever quit claim to the within named William P. Montgomery all right which I may have to dower in the within tract of land.  Witness my hand and seal March 13^th, 1828.

Eleanor Montgomery

Witnesses Ignatius L. Johnston and Kinsey Gettings

Washington County

I, John Hughes, Jr., Clerk of the County Court for the County aforesaid, do hereby certify that on the 10^th day of April 1828 this Indenture was acknowledged before me in my office by the within named William Wright and Ignatius L. Johnson, to their act and deed, and the relinquishment of Eleanor Montgomery thereon endorsed was proved to be her act and deed by the oath of Ignatius L. Johnston, a subscribing witness thereto and on the 28thday day of April the same was acknowledged by Kinsey Gettings to be his act and deed and said relinquishment thereon endorsed was proved to be the act and deed of said Eleanor Montgomery by the oath of said Kinsey Gettings the other subscribing witness thereto, which is at the instance of the grantee herein named admitted to record in Deed Book J Page 161-162.  Given under my hand this the 28^th day of April 1828, John Hughes W.C.C.