William P. Montgomery, Jr., and Martha Ann Carrico Montgomery are my second great-grandparents. William came through the long line of Montgomery’s beginning with Peter Montgomery who came to Charles County, Maryland, from France, in the very early 1700’s. Martha, daughter of Edward Carrico, named in one of these deeds, came from the Peter Carrico line of the same place. Peter Carrico also came from France to Charles County, Maryland, in those early years, and Martha is descended through his son James Carrico. I think it is quite unusual that my grandmother, Mary Alice Montgomery, who was the daughter of William P. and Martha Ann, married Joseph Reuben Carrico, also descended from Peter Carrico through son Bartholomew Carrico. Don’t you just love these tangled genealogy lines!
John Montgomery was brother to my William P. Montgomery, and it is through his children and the land sold to William P. that makes these interactions very interesting, but very difficult to understand. John and William were sons of Charles Montgomery and his wife Mary Ann Elder, grandsons of Peter Montgomery. Charles Montgomery brought his family to Washington County, Kentucky, from Charles County, Maryland, by 1795, where he died in April 1809, leaving wife Mary Ann and ten children, aged 3 years to 22 years. Mary Ann Elder Montgomery must have been a formidable woman. She raised her children, providing for them, educating them – almost all of her children and grandchildren signed their names on documents. This was also the case when Mary Ann’s son John Montgomery died leaving wife Eleanor to raise their six children, aged 1 to 9 years.
1825 November 11 Book I Pages 161-162
I share several deeds with you. The first is an indenture from 1825 talking of a bond between John Montgomery executed to Aquilla Blandford for the one fifth part of 194 ¼ acres, John Montgomery’s part of the land inherited from his father, Charles Montgomery. Charles, along with his brother William, were the first Montgomery’s who came to Washington County from Maryland. This included Charles’ wife Mary Ann Elder and their five oldest children – John Henry, Samuel Louis, Anne Frances, Benedict Elder and Mary Ann. Five younger children were born in Washington County, Kentucky – Mary Eleanor, William Peter Sr., Ann Rebecca, Elizabeth Margaret and Charles Pius. William Montgomery married Rebecca before the journey to Kentucky.
John Montgomery, in late 1825 or early 1826, and before that date made a bond with Aquilla Blandford for John’s 1/5 portion of land left him by his father Charles. I’m sure at that time John Montgomery had a good idea he was dying and wanted to leave money for his wife and children. In 1826 Aquilla Blandford devised this land to William P. Montgomery, Sr. Eleanor Elder Montgomery, John’s widow, and their six children are also named – Anne Maria, William Reason, Mary Eleanor, Emily Rose, Matilda Catherine and Anna Amanda.
I, John Montgomery, do bind myself to convey by . . . to Aquilla Blandford one fifty part of a hundred and ninety four and one fourth acres, it being all my interest in the land which was devised to my by Charles Montgomery, the land in Washington County . . . received is $8 per acre, given under my hand and seal this 11th day of November 1825.
John Montgomery, his mark
Teste. Thomas B. Lacy
Received of Aquilla Blandford $300 in full of all my interest in one hundred and ninety four and one fourth acres of land devised to me by my father
Charles Montgomery my interest being one fifth part of this 11th of November 1825.
John Montgomery, his mark
Teste. Thomas J. Lacy
For value received I assign my interest to William P. Montgomery of the written bond.
Aquilla Blandford
Teste. Raymond Montgomery
June the 3rd 1826, I assign my right and interest of the within bond to William P. Montgomery for value received.
Aquilla Blandford
At a County Court began and held for Washington County at the Courthouse in Springfield on Monday the 26th day of February 1827 this bond was exhibited in Court by William P. Montgomery and on his motion was ordered to be recorded which is done accordingly in Deed Book I Page 500 given under my hand this 26th day of February 1827.
John Hughes, Jr., Clerk
1828 November 11 Book J Pages 161-162
This indenture made and entered into this 13th day of March in the year of our Lord one thousand eight hundred and twenty eight, between Ignatius L. Johnson, Kinsey Gittings 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 day of November 1825, executed and delivered to Aquilla Blandford 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 3rd day of June 1826, by endorsement on the said bond assign the same to the said William P. Montgomery, which said bond and assignment are duly recorded in the Clerk’s Office of the Washington Court in Deed Book I, pages 500 and 501. And at a County court began and held for Washington County on Monday the 26th day of February 1827, on motion of the said William P. Montgomery, he having done what the law required, it was ordered that the said Ignatius L. Johnson, Kinsey Gittings 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, Gittings and William Wright, in consideration of the premises do for and on behalf of Anne Maria Montgomery, William Reason Montgomery, Mary Eleanor Montgomery, Emily Rose Montgomery, Matilda Catherine Montgomery, Anna 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, to covenant and agree with the said William P. Montgomery that they, the said infant heirs of John Montgomery, deceased, will warrant and defend 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, his seal
Kinsey Gitting, his seal
William Wright, his seal
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, 1828.
Eleanor Montgomery, her seal
Witness, Ignatius L. Johnson, Kinsey Gitting
Washington County
I, John Hughes, Jr., Clerk of the County Court for the County aforesaid, do hereby certify that on the 10th day of April 1828 this indenture was acknowledged before me in my office by the within named William Wright and Ignatius 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 Johnson, a subscribing witness thereto, and on the 28th day of April the same was acknowledged by Kinsey Gitting 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 Gitting, the other subscribing witness thereto, which is at the instance of the grantee herein named admitted to record in Deed Book J, Page 162. Given under my hand this the 28th day of April 1828. John Hughes, Jr. Clerk
1847 October 6 Book Q, Pages 270-272
Nineteen years elapse before our next indenture of October 6, 1847. Matilda Catherine Montgomery married William Clements January 16, 1844, and three years later they sold to Joseph H. Sansberry land on Severns Run and Cartwrights Creek, land willed by William Montgomery to Matilda Catherine’s father John Montgomery. This is where Joseph H. Sansberry enters the story. I thought perhaps he married into the Montgomery family, but I believe his part is just through buying this portion of land from William and Matilda Catherine Montgomery Clements. Who is this William Montgomery who willed land to John Montgomery? He was the brother of Charles Montgomery, both being sons of Peter Montgomery, the immigrant. William Montgomery married a woman named Rebecca, but evidently no children were born, or if there were they died young. William’s nephew John is the eldest son of brother Charles. I believe that could be why he received all land belonging to William.
This indenture made and entered into this 6th day of October in the year of our Lord 1847 between
William Clements and Matilda C., his wife, of the one part and Joseph H. Sansberry of the other part, all of County of Washington and State of Kentucky, witnesseth that the said William Clements and Matilda C., his wife, late Matilda C. Montgomery, daughter of John Montgomery, deceased, have this day for and in consideration of the sum of two hundred and fifty dollars to them in hand paid by the said Joseph H. Sansberry, the receipt whereof is hereby acknowledged, they the said William Clements and Matilda C., his wife, have granted, bargained and sold and by these presents do grant, bargain, sell, alien, convey and confirm unto him, the said Joseph H. Sansberry, all their right, title, interest and estate in and to a certain tract or piece or parcel of land situated, lying and being in the Count and State aforesaid and on the waters of Severns Run and Cartwrights Creek, being the same tract of land conveyed by John Grundy to William Montgomery and willed by the said William Montgomery to John Montgomery, our interest being the one fourth of said tract of land, the said Matilda C. Clements, wife of said William, being one of the heirs of the said John Montgomery, deceased, to whom said land descends and being the same land on which Eleanor Montgomery now lives, our undivided interest in said land which has or may have after descend to us as aforesaid to him the said Joseph H. Sansberry and to his heirs and assigns forever and the said William Clements and Matilda C., his wife, do further covenant and agree to and with the said Joseph H. Sansberry that they will warrant and forever defend their interest in said land aforesaid against the claim or claims of themselves and their heirs and against the claim or claims of all and every person or persons whatever.
In testimony whereof the said William Clements and Matilda C., his wife, have hereto set their hand and affixed their seals the date first within written.
William S. Clements, his seal
Matilda C. Clements, her seal
Washington County Court
I, William B. Booker, Clerk of the Court for the County aforesaid do certify that on the day of the date hereof this deed from William Clements and Matilda C., his wife, to Joseph H. Sansberry was acknowledged before me by the said William Clements to be his act and deed. She, the said Matilda C. Clements, wife of the said William, being by me examined privily and apart from her husband declared that she did freely and willingly seal and deliver said writing
and wished not to extract it and acknowledged said writing again shown and explained to her to be her act and deed and consented that the same might be recorded, whereupon said deed, together with the foregoing certificate hath been duly admitted to record in Deed Book Q, Page 270-272. Given under my hand this 6th day of October 1847, W. B. Booker, Clerk
1852 December 13 Court Records Page 386-389
December 13, 1852, two couples brought signed indentures from them to Joseph H. Sansberry to the County Clerk of Washington County. John McLain married Emily Rose Montgomery October 6, 1846. William T. McLain married Anne Amanda Montgomery November 27, 1849. John and William T. were most likely brothers or cousins. To my knowledge four children of John and Eleanor married – the two listed above, Anne Maria Montgomery who married William Yates, and Matilda Catherine Montgomery who married William Clements. Son William Rezin Montgomery died in 1837. I have no information on daughter Mary Eleanor Montgomery.
Now Joseph H. Sansberry has purchased land belonging to three of the heirs – Matilda Catherine, Anne Amanda and Emily Rose Montgomery.
This indenture made this 13th day of December in the year 1852 between John B. McLain and Emily R., his wife, of the first part and Joseph H. Sansberry of the other part, all of the county of Washington and State of Kentucky. Witnesseth that the said John B. McLain and Emily R. his wife, for and in consideration of the sum of six hundred and sixty six dollars and sixty six and 3/8 cents, paid by the said Joseph H. Sansberry, the receipt of which is hereby
acknowledged, have grated bargained and sold and by these presents do grant bargain and sell alien convey and confirm unto him the said Joseph H. Sansberry, all our undivided interest, right title and claim as one of the heirs of John Montgomery, deceased, or otherwise in and to a certain tract or parcel of land situated, lying and being in the County and State aforesaid and on the waters of Serverns Run and Cartwrights Creek, being the same tract of land conveyed by John Grundy to William Montgomery and willed by the said William Montgomery to John Montgomery and on which Eleanor Montgomery now lives, our interest being two shares in the entire tract or one half one share or one fourth of said tract in right of the said Emily R. McLain, daughter of the said John Montgomery, deceased, and the other share or fourth being the interest we purchased of said Joseph H. Sansberry who purchased the same of William S. Clements and Matilda C., his wife, the deed from said Sansberry to me, said John B. McLain being on file in the Clerk’s office of the Washington County Court and not recorded, to have and to hold said interest as aforesaid in the entire tract before described with all and singular the appurtenances thereto belonging or in any wise appertaining to him the said Joseph H. Sansberry and to his heirs and assigns forever and the said John B. McLain and Emily R. his wife do further covenant and agree to and with the said Joseph H. Sansberry that we will warrant and forever defend our interest in and to said land as aforesaid against the claim or claims of ourselves and our heirs and against the claims or claims of all and every person whatever claiming or to claim the same.
In witness whereof we the said John B. McLain and Emily R. his wife have hereunto set our hand and affixed our sales the date first above written.
John B. McLain, his seal
E. R. McClain, her seal
Washington County
John B. Starr, Clerk of the County Court for the County aforesaid, do certify that on the 13th day of December 1852 this deed between John B. McLain and wife of Joseph H. Sansberry was produced to me in my office and acknowledged by the said John B. McLain to be his act and deed and the said Emily R. McLain, being examined by me separate and apart from her husband declared that she did freely and willingly sign, seal and said writing and
wished not to retract it and acknowledged said writing again, shown and explained to her to be her act and deed and consented that the same might be recorded, whereupon said deed, together with this certificate has been duly admitted to record in Deed Book S, Pages 386.
Given under my hand this 13th day of December 1852
John B. Starr, Clerk by Thomas B. Hardin, Deputy Clerk
This Indenture made and entered into this 13th day of December in the year 1852 between William T. McLain and Anne Amanda his wife, of the County of Washington and State of Kentucky of the one part and Joseph H. Sansberry of the same County and State aforesaid, of the other part. Witnesseth that the said William T. McLain and his wife for and in consideration of the sum of three hundred and thirty three dollars thirty three and one third cents paid by the said John H. Sansberry, the receipt whereof is hereby acknowledged, have granted bargained and sold and by these presents do grant bargain sell alien and convey and consider unto him the said Joseph H. Sansberry all their undivided interest and right to the said claim in and to a certain tract or parcel of land situated and lying and being in the County of Washington and aforesaid on the waters of Severns Run and Cartwrights Creek, being the same tract of land conveyed by John Grundy to William Montgomery and willed by the said William Montgomery to John Montgomery (father of said Anne Amanda McLain) and on which Eleanor Montgomery now lives, our undivided interest being one fourth of the whole and entire tract of land aforesaid which is hereby sold which has descend or may hereafter descend to us or either of us. To have and to hold our undivided interest as aforesaid in and to said land and premises. Together with all and singular the appurtenances thereunto belonging or in any wise appertaining unto him the said Joseph H. Sansberry and to his heirs and assigns forever. We the said William T. McLain and Anne Amanda his wife do further covenant and agree to and with the said Joseph H. Sansberry that they will warrant and forever defend the title to their undivided interest in and to said land as aforesaid and against the claim or claims of thereselves and their heirs and from and against the claim or claims of all and every person or person to claim the same in any what whatever.
In witness whereof the said William T. McLain and Anne Amanda his wife have hereto set their hands and affixed their seals the date first within written.
William T. McLain, his seal
Ann Amanda McLain, her seal
Washington County
I, John B. Starr, Clerk of the County Court for the county aforesaid do certify that on the 13th day of December 1852 this deed from Willim T. McLain and wife of Joseph H. Sansberr was produced to me in my office and acknowledged by the said William T. McLain to be his act and deed and the said Anne Amanda McLain, being examined by me separate and apart from her husband, declared that she did freely and willingly sign seal and declare said writing and wished not to retract and acknowledged said writing again shown and explained to her to be her act and deed and consented that the same might be recorded whereupon said deed together with this certificate has been duly admitted to record in Deed Book S Page 388.
Given under my hand this 13th day of December 1852
John B. Starr, Clerk, by Thomas B. Hardin, Deputy Clerk
1853 February 21 Court Records Page 53-54
Six years have elapsed since our last indenture. Joseph Sansberry brings Eleanor Montgomery, widow of John, to court for a division of land. Eleanor’s daughter Maria, and her husband, William Yates, are both deceased, leaving four children – George, William Reason, Ellen and Emily Yates. Francis Yates, brother to the deceased William, is appointed as their representative.
Joseph H. Sansberry, having produced a notice into Court executed on Eleanor Montgomery, the widow of John Montgomery, deceased, and it appearing to the Court that George Yates, W. Reason Yates, Ellen Yates and Emily Yates, the infant children of Maria Yates, late Montgomery, have no statutory guardian, it is ordered that Francis Yates be appointed to represent the said infants in the said division and he being in Court and consenting to act, and to this motion it is ordered that Peter Brown, Edward Carrico and Alvey Covington, after being first sworn do go upon the land situated in this County the same of which John Montgomery died Seized and possessed, the same he derived title to prove the will of William Montgomery, deceased, a copy of which if filed with the notice in this case, lay off and allot to Eleanor Montgomery her dower in the said land, that after the said allotment that the said Commissioners do further proceed and divide the said land in two parcels they shall lay off and allot to the heirs of Maria Yates, deceased, one fourth of the said land, and it appearing to the Court from the papers with the notice herein filed that Joseph H. Sansberry is entitled to three fourths of the said land, they will lay off and allot to him in a body three fourths of the said land. The said Commissioners shall
commence on the 26th of this month and may adjourn from time to time as they agree, and shall report their actings to Court after they have made the division they shall convey the said land to the said Yates and Sansberry by Deed of Partition and shall report the deeds to Court.
1853 May 16 Heirs of John Montgomery Agreement
This indenture, made this 16th day of May in the year one thousand eight hundred and fifty-three, between Joseph H. Sansbury, George Yates, W. Reason Yates, Ellen Yates and Emily Yates, children of Maria yates, late Montgomery, deceased, heirs of John Montgomery, deceased, by Peter Brown, Edward Carrico and Alan Covington, commissioners appointed by the Washington County Court to divide the lands of which said Montgomery died seized amongst his heirs, witnesseth that the said Joseph H. Sansbury, George Yates, W. Reason Yates, Ellen Yates and Emily Yates, for and in consideration of the division heretofore reported to the County Court and by them confirmed, to wit, that the said Joseph H. Sansbury is to take, have and hold as his share and part thereof, sixty-seven and one-half acres, bounded as follows, viz., beginning at a stone, corner to Joseph H. Sansbury and the house of Maria Yates, thence S43 ½ W86 poles to a stone, corner to said Sansbury and the dower lands. Thence N28 ¾ W196 poles to a white oak on Cartwrights Creek. Thence down the same 40 poles to a sycamore at the foot of the ridge, thence up the ridge 56E 23 ½ poles to McIntire’s corner. Thence with the meanders of the ridge S10 ½ E29 poles, S62 E12 poles, S81 E19 ¼ poles, S61 ½ E43 poles, S37 ¾ E 25 ½ poles, S 23 E28 poles, S66 ¾ E38 ½ poles, S23 ½ E12 poles to the beginning. That the said George Yates, W. Reason Yates, Ellen Yates and Emily Yates are to have and to hold as their share and part
therefore twenty-four and one fourth acres, included as follows, viz., beginning at a white oak stump corner to the G. E. Hardin tract, thence with a line of the same S42 ½ W110 poles to a sycamore on Severns Run, thence down the same with its meanders 33 poles to a sycamore, thence N43 ½ E124 poles to a stone to said land and Joseph H. Sansberry. Thence S23 ½ E23 ½ poles, S47 ½ E11 poles to the beginning.
And the said George Yates, W. Reason Yates, Ellen Yates and Emily Yates, do by these presents quit claim, release, convey and confirm unto the said Joseh H. Sansberry, his heirs and assigns forever, all said tract or parcel of land set apart to him, as aforesaid, with the appurtenances thereunto or in any wise appertaining, and the said Joseph H. Sansberry does quit claim, release and confirm unto the said George Yates, William Reason Yates, Ellen Yates and Emily Yates, their heirs and assigns forever, all said tract or parcel of land set apart to them as aforesaid, with the appurtenances thereunto belonging, or in any wise appertaining.
In witness where the parties have hereunto set their hands and seals the day and year above mentioned.
Joseph H. Sansberry, George Yates, W. Reason Yates, Ellen Yates, Emily Yates
1856 July 14 Book U Pages 306-308
I cannot say why it took three years to divide the land of John Montgomery, but it did. The widow, Eleanor Montgomery, is given 45 ¾ acres of land, which was section A. The heirs of Maria Montgomery Yates were given one fourth of the remaining land which contained 24 ¼ acres, section B. The remaining land, 67 1/3 acres was laid off for Joseph H. Sansberry, section C, this included the shares of Matilda Catherine, Anne Amanda and Emily Rose – approximately 22 1/3 acre for each part.
Notice Cartwrights Creek in the northwest corner of the above map and Serverns Run (I have seen it as Servants Run on a modern map) on the southwest. If you went directly north, St. Rose Church is just a few miles from this land.
The undersigned Commissioners appointed by the Washington County Court
at its February term 1855 to divide and allot the lands of which the late John Montgomery died seized and possessed amongst his heirs we now respectfully submit the following report. That in obedience to the said decree they went upon the lands upon the day appointed after having been duly sworn and after having surveyed the same proceeded to allot to Eleanor Montgomery, the widow and relict of said Montgomery, her dower, paying due regard to quantity and quality, containing the dwelling house and 45 ¾ acres of land designated by title (A) in the Surveyor’s Report hereunto annexed. Two commissioners then proceeded to lay off and allot to George Yates, W. Reason Yates, Ellen Yates and Emily Yates, the heirs of Maria Yates, late Montgomery, deceased, one fourth part of the remainder designated by letter (B) in the Surveyors Report and containing 24 ¼ acres including the road which runs through it. They then proceeded to lay off and allot the remaining ¾ to Joseph H. Sansberry in a body and designated by letter (C) containing 67 1/3 acres, the boundaries of all of which will be found in the Surveyor’s Report to the Court
Alvey Covington, Edward Carrico and Peter Brown, Commissioners
Survey of the lands of the late John Montgomery beginning at (1) a white oak stump corner to the Katy Hardin tract, thence with a line of the same S42 ½ W170 poles to (2) sycamore on Servers Run, thence down the same as it meanders 33 poles to (3) a sycamore corner to Maria Yates house and the dower, thence down the same 299 ½ poles to its mouth at (4). Thence down Cartwrights Creek 17 poles to (5) a white oak corner to the same and John H. Sansbury. Thence down the same 40 poles to (6)
Thence up the ridge S6 E 25 ½ poles to John McIntire’s corner, an ash, thence with the meanders of the ridge S10 ½ E29 poles S62 E12 poles S87 #12 poles to (7) a stone corner to Sansbury and the heirs of Maria Yates, thence S23 ½ E93 ½ poles S47 ½ E11 poles to the beginning, containing by survey 137 1/3 acres, division line as follows. Commencing at 9&) thence S43 ½ W86 poles to (A) a stone corner to the dower and Sansbury, thence S43 ½ W38 poles to (3) a sycamore on the Run Corner as above, the above line cuts off 24 ½ acres including the road designated in plat by title ( ) the line from (A) to (8) cutting off the dower is as follows N28 ¾ W196 poles cutting off 45 ¾ acres for the dower letter (A) Plot – the remainder allotted to Mr. Sansbury contains 97 1/3 acres letter (C).
Alvey Covington, Edward Carrico, James Truman
Fee for surveying tract same less than 400 acres $2.00
Fee for running 2 division lines @$2 on each $4.00
Chain carriers @$.50 per day $2.00
Washington County Court
At a County Court began and held for Washington County at the Court House in Springfield on the 21st day of February 1853, this Report of the Commissioners appointed to allot and set apart to Eleanor Montgomery her dower in the lands of her husband, John Montgomery, deceased, was ordered to be recorded which is done accordingly in Deed Book U, Page 306. Given under my hand this 14th day of July 1856.
John B. Starr, Clerk by John A. Phillips, Deputy Clerk
1865 July 27 Book Y Pages 52-53
This indenture is from William P. Montgomery and wife Martha Ann Carrico to her father Edward Carrico, concerning their part of their share of the estate of George E. Yates and the interest of George E. Yates in the dower of Eleanor Montgomery. I must admit I’m a bit confused as to how William P. would have a share of the estate of George E. Yates – especially since George didn’t die young as one would expect with this information – he lived until 1916! I can only give you information on what I find! In the 1850 Washington County Census George E. Yates lived with his grandmother, Eleanor Montgomery, 51. Also living in the household was William Yates, 48, George’s father, and his siblings William, 12, Mary 10, and Emily C., 9. William McClain, 29, and Anne A. McClain, Eleanor’s son-in-law and daughter also lived in the household. William Yates, Sr., died shortly after the census was taken. I found that George E. moved to California and participated in the gold rush! In 1860 he lived with three other miners, that was their occupation! The men were from Maine, New York, District of Columbia, and George was from Kentucky!
I suppose since he moved away from Kentucky George E. gave or sold his portion to William and Martha Montgomery, but I have found no deed for this. Just the deed of 1865 when William and Martha sold the land to her father, Edward Carrico.
This deed between William P. Montgomery and Martha Ann, his wife, of the first part and Edward Carrico, of the second part, all of the County of Washington in the State of Kentucky. Witnesseth that the said part of the first part, in consideration of the sum of two hundred dollars in hand paid, the receipt of which is hereby acknowledged, do hereby sell, grant and convey to the part of the second part, his heirs and assigns, the following described property. Viz, the entire interest of the part of the first part, it being the undivided interest of George E. Yates in and to a certain piece or parcel of land lying and being in Wash
ington County and adjoining the lands of J. H. Sansberry’s heirs and E. P. O’Brian for particulars reference is made to Commissioner’s report on file in the Washington county Court Clerk’s Office as to boundary recorded in Deed Book U, page 306, also the interest of said Yates in the dower of Eleanor Montgomery, it being part of the original tract of land, also all the interest of the party of the first part in and to the above described tract of land, to have and to hold the same with all the appurtenances thereon to the second party, his heirs and assigns forever with covenant of general warranty. In testimony whereof witness our signatures this 27th day of July 1865.
William P. Montgomery, Martha A. Montgomery
State of Kentucky, Washington County
I, R. S. Peters, Clerk of the County Court of Washington County in the State of Kentucky do certify that on the 27th day of July 1865, the foregoing deed was produced to me in my office and acknowledged and delivered by W. P. Montgomery and Martha A. Montgomery, parties thereto to be their act and deed which deed is duly stamped as required by act of Congress and that I have recorded it and this certificate in my said office in Deed Book Y, pages 52 and 53. Witness my hand this 8th day of August 1865.
R. S. Peters, Clerk
Will of William Montgomery, Book B, Pages 361-363
In the name of God, Amen. I, William Montgomery, of the County of Washington and State of Kentucky, being infirm of body but of perfect memory, thanks be to God for the same, and coming to mind the uncertainty of life and knowing that it is appointed for all men once to die, do make and constitute this my last Will and Testament in manner and form following. Viz. First I recommend my
Soul into the hands of God that gave it me hoping through the merits of my Blessed Saviour and Redeemer, Jesus Christ, to receive the same again at the general resurrection and my body to the earth to be buried in decent form according to the direction of my Executor and Executrix, hereafter named.
Item. I give and bequeath to my beloved wife Rebecca all my estate real and personal during her natural life or widowhood and after decease or marriage I give and bequeath unto John Montgomery, son of my brother, Charles Montgomery, all the lands I own and also my Negro man Dennis and my Negro woman Nelly, his wife, and her increase hereafter to the said John Montgomery and his heirs. Also I give unto the said John Montgomery my Negro girl Hester. Also I give unto Samuel Montgomery, brother to said John Montgomery, my Negro boy George and his heirs forever. I also given unto Anne F. Montgomery, daughter to my brother Charles, my Negro girl Agnes and her heirs forever. I also give unto Benedict Montgomery, son of the said Charles Montgomery, my Negro boy Lewis. I also give unto Jane Cambron, formerly Jane Queen, my Negro boy Stephen, to her and her heirs forever. Also I give unto Henrietta Queen, daughter to Richard M. Queen, seventy-five dollars to be paid out of my perishable property, such as my stock and horses, heifers, furniture and after the death of my wife. And after the death or marriage of my wife the residue of my property not willed to be divided between the heirs of the above named Charles Montgomery and my nephew Elisha McAtee.
Lastly I nominate and appoint my wife Rebecca and Elisha McAtee and Stephen Wright to execute this my last Will and Testament. Witness whereof I have hereunto set my hand and affixed my seal this twenty-sixth day of June in the year of our Lord one thousand eight hundred and thirteen.
William P. Montgomery, his mark
Witnesses present – Daniel Mock, Stephen Cocke, John Cambron
At a County Court held for Washington County the 12th day of September 1814, this last Will and Testament of William P. Montgomery, deceased, was proved by the oaths of John Cambron and Stephen Cocke, two of the subscribing witnesses thereto and
Ordered to be recorded. On the motion of Elisha McAtee and Stephen Wright, two of the Executors therein named who made oath and executed and acknowledged bond as the law requires, a certificate is granted to them for obtaining a probate thereof in due form. Rebecca Montgomery, the other Executrix therein named having departed this life.
Attest. John Reed, Clerk
Categories: Family Stories
