My Montgomery ancestors were some of the first to settle on Cartwrights Creek in Washington County, Kentucky.  Charles Montgomery brought his wife, Mary Ann Elder, and their children to Kentucky about 1795.  Five were born in Charles County, Maryland – John Henry, Samuel Louis, Anne Frances, Benedict Elder and Mary Ann.  The younger five were born in Kentucky – Mary Eleanor, William Peter, Ann Rebecca, Elizabeth Margaret and Charles Pius.  

Not only is this an interesting indenture since it involves my Montgomery family, but it also mentions the land of St. Ann Catholic Church. The deceased William P. Montgomery that is mentioned was my 3^rd great-grandfather.  He died during the cholera epidemic of June of 1833 – along with many others!  His wife, Mary Yates Montgomery, lived another 41 years, raising their children.  Mary was pregnant with my 2^nd great-grandfather, William Peter Montgomery, Jr., when her husband died, giving birth two months later.

St. Ann Catholic Church was built in Washington County, Kentucky, about 1798.  The early Catholics were happy to have this small church for Sunday Mass.  Due to increasing numbers, construction of St. Rose was begun in 1806, finished in 1808.  A few members continued to go to St. Ann until the church was closed in 1817.  Were the Montgomery’s some of those who continued to go to St. Ann?  The two churches were not far apart.  As we see in the following indenture the Montgomery family owned the property where St. Ann was located.  Very interesting.  I’m sure some of the older members of the family were buried there and perhaps they didn’t want to lose that connection with their loved ones.  Charles Montgomery died April 26, 1809.  If I had to guess I would say he was buried at St. Ann.  Could there have been stones marking burials of those early settlers?  It is possible, but throughout the years, if there were stones, they crumbled and disintegrated.  Ritchey and I have been married for 44 years.  A few years before our marriage I stopped by the house of the farmer who owned the property where St. Ann once stood.  I asked about seeing the graveyard and he offered to drive me out on the farm.  But he said there were no gravestones and none that he remembered.

The following is an indenture made by the heirs of William Peter Montgomery, Sr., to Edward Osbourn.  During his lifetime the elder William Peter Montgomery made a bond with Osbourn to purchase this property.  With his death the transfer didn’t happen as soon as one would think.  145 acres were deeded by the heirs to Mr. Osbourn except the ‘St. Ann’ tract.  I think this is very telling that the family wanted to keep the cemetery. At least Charles Montgomery, and probably wife Mary Ann Elder Montgomery, who died in 1842, were buried in St. Ann’s cemetery.

All six of William Peter Montgomery and Mary Yates Montgomery’s children are listed in the indenture, as well as wife Mary. 

1. Charles W. Montgomery, September 1, 1823 – October 29, 1904, Monroe County, Missouri.  He married Helen Matilda Hagan December 20, 1844.
2. Martha E. Montgomery, born 1825.  She married Thomas L. Hagan August 17, 1846.
3. Henry Logan Montgomery, born 1827.  He married Eleanora Montgomery June 23, 1857. 
4. Mary Rebecca Montgomery, born 1829.  She married James Hagan April 8, 1842.
5. Frances Edwina Montgomery, born about 1832. 
6. William Peter Montgomery, August 7, 1833 – August 22, 1910.  He married Martha Ann Carrico December 30, 1862.

Indenture Between William P. Montgomery Heirs and Edward Osbourn

Washington County, Kentucky Will Book T, Pages 140-142

This Indenture made this 11^th day of October 1853, between Henry L. Montgomery, Frances E. Montgomery, William P. Montgomery, James A. Hagan and Mary R.,

his wife, Thomas Hagan and Martha E., his wife, Charles W. Montgomery and Matilda, his wife, heirs of William P. Montgomery, deceased, and Mary Montgomery, widow of said William P. Montgomery, of the first part, and Edward Osbourn, of the second part, all of the County of Washington and State of Kentucky.  Witnesseth that whereas the said William P. Montgomery, in his life time, about the 9th day of August 1831, executed and delivered to George McAtee a certain bond or writing, binding himself to said McAtee certain lands therein mentioned and the said Osbourn, being entitled to a conveyance for the hereinafter described land by the assignment of said bond, or otherwise the parties of the first part do, for and in consideration of the premises and of one dollar to them in hand paid, the receipt whereof is hereby acknowledged, grant, bargain, sell and convey to him, the said Edward Osbourn, part of the second part, a certain tract or parcel of land (mentioned in said bond) lying and being in the county and state aforesaid, on the waters of Cartwrights and Hardins Creek and bounded as follows:  beginning at a beech and buckeye corner to Thomas Wright, Harbin Moore and Adam Goodlett’s survey, running thence south 83 E207 ½ poles to a stone, thence N57 poles to a dogwood, mulberry and sugar tree, thence N60 and W201 poles to a black oak and dogwood, on a ridge, thence S60 W42 poles to two white oaks and ask, thence S3 E100 poles to the beginning, containing one hundred and forty-five acres, to have and to hold the same with all and singular the appurtenances thereunto belonging as in any wise appertaining unto him, the said Edward Osbourn, and to his heirs and assigns forever, and the said party of the first part, further covenant and agree to and with the said Edward Osbourn that they will, and their heirs and executors, shall warrant and forever defend the title to said land and premises against all and every claim or claims whatever.

The said Edward Osbourn having resold to the said grantors in this deed the tract of land mentioned in the before mentioned bond as the “St. Ann” tract.  The same is not conveyed herein and this is considered and taken by the parties as a full compliance and discharge of said bond.

Witness our hands and seals this 11^th day of October 1853

Charles W. Montgomery,

Thomas L. Hagan, Henry L. Montgomery, Helen M. Montgomery, Mary R. Hagan, Martha E. Hagan, Frances E. Montgomery, Mary Montgomery, James A. Hagan, William P. Montgomery

Washington County

I, John B. Starr, Clerk of the County Court for the County aforesaid certify that on the 11^th day of October 1853 this deed from Charles W. Montgomery and others to Edward Osbourn was produced to me in my said County and acknowledged by the said Henry L. Montgomery, Charles W. Montgomery and Helen M. Montgomery, his wife, Thomas L. Hagan and Martha E. Hagan, his wife, Mary R. Hagan, wife of James A. Hagan, Frances E. Montgomery and Mary Montgomery, parties thereto to be their act and deed and that on the 13^th day of October 1853 the same was in like manner acknowledged by James A. Hagan, to be his act and deed, and that on the day of the date hereof the same was in like manner acknowledged by William P. Montgomery to be his act and deed, whereupon said deed, together with this certificate hath been duly admitted to record in Deed Book T, Page 140 – 142.

Given under my hand this 17^th day of October 1853.  John B. Starr, Clerk