Hold on to your hats! I will take you on a monumental trip through history- the length is also monumental! We are going through 263 years of history in one post! George Washington, our first president, is also included. We will meet Colonel William Peachy who fought in the French and Indian War with George Washington, and for his assistance received 12,000 acres in land warrants in Kentucky (at that time Fincastle County, Virginia). The Wardlaw family from Augusta County, Virginia, moved to Kentucky in the early years of the Commonwealth – about 1797.
Our first stop is Pisgah Cemetery in rural Woodford County. This is an old cemetery, modest in size, but extraordinary in the history shown in the number of old graves in this cemetery! The small church was built in 1812 and remodeled in 1868. While looking through photos Ritchey and I took during our visit in 2014 I found a photo of John Wardlaw’s gravestone. He was the beginning of a very interesting search on the Wardlaw family.
John Wardlaw was buried there in 1835. He was the son of James Wardlaw, 1735-1816, and Martha Steele, 1735-1780, born in 1770 in Augusta County, Virginia. In the Chronicles of the Scotch-Irish Settlement in Virginia we find that ‘James Wardlaw deposes, 2nd April 1806, aged 60, came to Augusta County in 1745, when he was about eleven years old.’ And in another section, ‘James Wardlaw, living in Fayette County, Kentucky, was a very early settler. Deponent is 70 or 71 years old 27th of this month’ [April 1806]. Children of James and Martha Wardlaw, in addition to John Wardlaw, were Andrew, 1764-1841; William, 1776-1819; James Jr., 1776-1853 and Martha Jane.
James Wardlaw does not list wife Martha in his will; she must have died earlier. Sons John and James were given the bulk of the estate, as they had increased the wealth of their father through their administration of his property. Three grandchildren are listed – Anderson, Peggy and Martha McPheeters – children of daughter Martha. Were these three the only grandchildren? Or does the bequest of ‘every grandchild I have a pocket Bible’ mean others? James Wardlaw Sr. did not date his will, rather unusual. That doesn’t give an idea of how old the will was when he died. The will was probated in January 1817, which most likely means he died the month before, December 1816. Following the will, on page 347 of Will Book D is a note about the appraisement by the Executors of James Sr. saying the division of estate did not include a Negro woman and her children given to deceased sister Mrs. McPheeters, dated March 13, 1818. I believe Martha Wardlaw McPheeters died shortly after her father.
Will of James Wardlaw Sr.
Fayette County Will Book D, Pages 150-151
In the name of God amen. I, James Wardlaw, Sr., in my right mind and under the proper exercise of my reason, make this as my last Will and Testament (viz.) As I gave to every child when they left me what I thought was their proportion of what I then possessed, and as a great part of what I now have has not arisen from my labor, but by the industry of my sons, I therefore order and direct that what I now have and not otherwise disposed of go to my two sons, John and James, to be equally divided between them. I appoint them my Executors to receive all my debts due to me, to pay all just demands against me. I give to my three grandchildren, Anderson, Peggy and Martha McPheeters one Negro woman named Peg, with all her increase, to be equally divided between them. I direct that my religious books brought from Virginia be equally divided between my four sons and my daughter. I also
direct my Executors to provide and give every grandchild I have a pocket Bible.
James Wardlaw
Test. Nathaniel Furgenson, James Martin
State of Kentucky, Fayette County – January Court 1817
This last Will and Testament of James Wardlaw, deceased, was produced in Court and proved by the oaths of Nathaniel Ferguson and James Martin, two subscribing witnesses thereto and ordered to be recorded, whereupon the same is truly recorded in my office.
Attest. Henry Rodes, Fayette County Clerk
Fayette County Will Book D, Page 347
We the subscribers being appointed Executors to the last will of our deceased father, James Wardlaw, and find a devise made of a Negro woman and her increase to the children of our deceased sister, Mrs. McPheeters, with whom said slaves have been in possession and still remains in their possession for near twenty years, in the lifetime of our said deceased father, from this circumstance we have not had said property appraised as a part of said Estate.
John Wardlaw, James Wardlaw
Personally appeared before me a Justice of the Peace for said County, Alexander Black, John Keene and Samuel Steele, appraisers within named and being duly sworn to appraise the estate of James Wardlaw, deceased, according to law, given under my hand this 13 day of March 1818.
John Parker
Now a couple of items from John Wardlaw. September 10, 1821, John sold 50+ acres of land to Joshua Worley, both men living in Fayette County. This land was part of an original tract of 2,000 acres surveyed for William Peachy in 1763, located on Elkhorn Creek. At that time the land was in Fincastle County, Kentucky (this county contained part of Virginia and the entire state of Kentucky). This was one of five patents Peachy received containing a total of 12,000 acres. This William Peachy was a Colonel in the French and Indian War and received land warrants for his service to his majesty King George – before the Revolutionary War.
Fayette County Deeds 1820-1825, Pages 4, 5, and 6
This Indenture made this tenth day of September in the year of our Lord one thousand eight hundred and twenty one, between John Wardlaw, of the County of Fayette and Commonwealth of Kentucky, of the one part, and Joshua Worley, of the county of Fayette and Commonwealth aforesaid, of the other part. Witnesseth that the said John Wardlaw, for and in consideration of the sum of eight hundred and eighty dollars current money of Kentucky
to him in hand paid, the receipt whereof is hereby acknowledged, had granted, bargained and sold, and by these presents doth grant, bargain, sell and confirm unto the said Joshua Worley, his heirs and assigns, all that tract or parcel of land situated, lying and being in the County of Fayette on the waters of South Elkhorn containing fifty acres, one quarter and thirty six poles and bounded as follows, to wit, Beginning at a stone on Price’s line and corner to Wardlaw, thence with said Wardlaw’s line south seventeen and a half west, one hundred and twenty one poles, five links to a stone, corner to Wardlaw on O’Neal’s line, thence with O’Neal’s line south seventy one degrees West sixty seven poles eight links to a stone on said line, and corner to Robb, then with Robb’s line north seventeen and a half east one hundred and nineteen poles seventeen links to a walnut on Worley’s line, thence with said Worley’s and Price’s line south seventy two and a fourth degrees east sixty seven poles five links to the beginning, it being one equal half of that tract of land, a part of Peachy’s old military survey of two thousand acres conveyed by Peachy to Marshall, by Marshall to Willis, by Willis to Green, by Green to Preston W. Brown, and by Preston W. Brown to said John Wardlaw, together with all and singular the premises thereunto belonging or in anywise appertaining to have and to hold the land hereby conveyed with the appurtenances unto the said Joshua Worley, his heirs and assigns forever. And the said John Wardlaw, for himself, his heirs, executors and administrators, the aforesaid tract of land, premises unto the said Joshua Worley, his heirs or assigns against the claim or claims of all and every person or persons whatsoever doth and will warrant and forever defend by these presents. In witness where the said John Wardlaw hereunto sets his hand and seal the day and date first above written. But it is understood by the parties to this acknowledged indenture, that if the land hereby conveyed should be ? by any adverse claim or through defect of title in any of the persons by whom the land has been conveyed, down to the said John Wardlaw, then said Wardlaw is not bound personally to make good the title to said Worley, but said Worley is to have a joint record with said holder of the land down to the said Wardlaw, having been joint purchasers of said tract of land containing one hundred acres three quarters and thirty two poles of the said Preston W. Brown.
John Wardlaw
State of Kentucky, Fayette County to wit September 10, 1821
This Indenture was this day produced to me, the Clerk of the Court for the County aforesaid and acknowledged by John Wardlaw, party thereto to be his act and deed for the purposes therein mentioned and the same is thereupon truly recorded in my office.
Attest. H. Rodes, Clerk Fayette County Court
From the December 21, 1821, issue of the Kentucky Report in Lexington, we find an advertisement from John Wardlaw about a stolen horse, taken ‘from the subscriber in Fayette County, six miles from Lexington, near the Versailles Road, on the night of the 23, a McKinney roan horse, five years old . . . with a star on his hind feet.’ A reward of twenty dollars will be given for his conviction.
John Wardlaw and his brother James were evidently very close. In their father’s will they were given the bulk of his estate due to their diligence in handling his affairs. When John Wardlaw died in 1835, his brother James received everything except for a few bequests. Brother Andrew received $300, his sister Mrs. Findley also $300, his niece Martha Wardlaw (daughter of his deceased brother Dr. William Wardlaw) $200. In addition he left a bequest of $1,000 to the Trustees of Centre College to fund a professorship. Centre College – in the town of Danville in Boyle County – now our home! – was chartered by the Kentucky General Assembly in 1819. It was so named for it being in the ‘centre’ of the Commonwealth (spelling of that time period).
Will of John Wardlaw
Fayette County Kentucky Will Book M, Page 137
Know all men by these presents that I, John Wardlaw, of the County of Fayette and State of Kentucky, being of sound mind do ordain and constitute this my last Will and Testament as follows, to wit. I will to my brother James Wardlaw all of my Estate (with the reservations hereafter to be made), to wit, all of my land and Negroes, to wit, Philip, Moses, Andrew, Bill, Jack, Woodford, Jordan, Presley, Caroline, Charlotte, Lucy, Ellen, Tinney, and stock of every description, consisting of horses, cattle, sheep, hogs, farming utensils, household and kitchen furniture, to have and to hold the same against all claims and to dispose of as he may please, binding him however to pay out of said Estate all of my just and lawful debts and within two years the following legacies. To my brother Andrew Wardlaw the sum of three hundred dollars. To my sister, Mrs. Findley, three hundred dollars. To my niece Martha M. Wardlaw, daughter of the late Dr. William Wardlaw, two hundred dollars and also to pay to the Trustees of Danville or Centre College the sum of one thousand dollars to aid in the establishment of a professorship with the proviso that the principal is not to be expended, the interest only to be used, the investment of the fund to be left to the discretion of the said Trustees forever. In making the above bequest it is understood that both the land and Negroes, as well as every other description of property was held jointly by myself and brother James, each being equally interested in everything, and that he being entitled to the one half of every species of property, it is my half or my proportion of said Estate that I have willed to him in consequence of my love and affection for him. It is also understood that my said brother James is entitled to all the debts due me as well as every description of property of which I am possessed and that he is to enter at once in the possession and enjoyment of everything herein bequeathed, he being constituted my Executor in connection with John S. Tudley, but not required to enter into bond or to give security as usual in Court on such occasions. In testimony whereof I have hereunto set my hand and seal this 21st day of May in the year of our Lord 1835.
John Wardlaw
Test. Reuben B. Berry, W. W. Edge, James Rollins
Fayette County July Court 1835
The forgoing writing purporting to be the last Will and Testament of John Wardlaw, deceased, was produced in open Court and approved by the oaths of Reuben B. Berry and William W. Edge, two of the subscribing witnesses thereto and ordered to be recorded which is truly done in my office. ATT. J. C. Rodes, Clark
And as a bonus I found the will of William Wardlaw, father of James Wardlaw, Sr., and grandfather of John Wardlaw! In the will William lists his wife Janet (will is hard to read but I believe that is correct). He names six sons – John, James, Hugh, Joseph, William and Robert – and one daughter, Margaret. John must have been the eldest since he is listed as an executor, and receives only two pounds current money of Virginia. Evidently he has received his part of his father’s estate. James Wardlaw must be of the same age and status since he receives one black cow. Hugh is given the third part of William’s money due him at his death. Joseph and William receive the plantation where their father lives. Robert receives another plantation. Margaret, who is most likely too young to be married, is given a mare, colt, two cows and calves, a bed and furniture – the items usually given to a girl when she is about to marry. Another clue that John, James and Hugh are the elder sons is their signature on the probate bond, along with their mother’s.
Will of William Wardlaw
August County Virginia Book Page 131-133
In the name of God amen. The first day of October in the year of our Lord 1761. I, William Wardlaw, of Augusta County in Virginia, in Bordin Track, planter, being very sick and weak in body but of perfect mind and memory, thanks be given unto God. Therefore calling to mind the mortality of my body and knowing that it appointed for all men once to die, do make and ordain this my last Will and Testament. That is to say, principally and first of all I give and recommend my soul into the hands of God that give it, and for my body I recommend to the earth to be buried in a Christian like and decent manner at the discretion of my Executor, nothing doubting but at the General Resurrection I shall receive the same again by the mighty power of God. And as touching such worldly estate devise and dispose of the same in the following manner and form. Under the care and guidance of Janet Wardlaw, Executrix, and John Wardlaw, Executor. I give and bequeath to Janet, my dearly beloved wife, the thirds of all my movable estate and one bay horse four years old over and above with her proper accommodations as I enjoyed in my life time of the said plantation that I now live on. I give and bequeath to John Wardlaw, my dearly beloved son, two pounds current money of Virginia to be devised of the remainder part of my chattels. I give and bequeath to James Wardlaw one young black cow. I give and bequeath to Hugh Wardlaw, my dearly beloved son after all my just debts are paid the third part of all my money and debts that is due me at present. I give and bequeath to Joseph Wardlaw and William Wardlaw the plantation that now I live on and bequeath the above named Joseph and William the two horses they claim as their own and the said William one
yearling colt. I give and bequeath to Margaret Wardlaw, my dearly beloved daughter, one bay mare about eight years old and one colt and two cows and calves and one bed and bedding clothes. I give and bequeath to Robert Wardlaw, my dearly beloved son, the plantation of woodland lying beside Samuel Buchanan and likewise after all my debts is discharged he is to have the further of all my money and debts that is now owing and besides, one young horse, one year and a half old. And I do hereby utterly disallow, revoke and disannul all and every other former testaments, wills and legacies and bequest and executors by me in any before this time named will and bequeathed, ratifying and confirming this and no other to be my last Will and Testament. In witness whereof I have hereunto set my hand and seal the day and year above written.
William Wardlaw, his mark
Witnesses present Robert Wardlaw, James Wardlaw, John Wardlaw, Hugh Wardlaw
At a Court held for Augusta County May 18, 1762
This last Will and Testament of William Wardlaw, deceased, was proved by the oaths of Robert Wardlaw, James Wardlaw and John Wardlaw, three of the witnesses and ordered to be recorded and on the motion of Janet and John Wardlaw, the Executors therein named, who made oath according to law, certificate is granted them for obtaining a probate thereof in due form, they having with security entered into bond.
Know all men by these presents that we, Janet Wardlaw, John Wardlaw, James Wardlaw, Hugh Wardlaw are held and firmly bound unto James Lockart, Robert Breckinridge, William Preston and Daniel Smith, Justices in the Commission of the said County and their successors in the sum of one thousand pounds to be paid to the said justices, their executors, administrators or assigns to which payment well and truly to be made, we bind ourselves and every of us our and every of our heirs, executors and administrators, jointly and severally, firmly be these presents, sealed with our seals and dated this 18 day of May Anno Domini 1762.
The condition of this obligation is such that if the above bound Janet Wardlaw and John Wardlaw, Executors of the last Will and Testament of William Wardlaw, deceased, do make or cause to be made a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased which have or shall come to the hands or possession or knowledge of the said Janet Wardlaw or John Wardlaw, into the hands or possession of any other person or persons for them and the same so made do exhibit into the County Court of Augusta at such time as they shall be thereunto by the said Court and also shall well and truly pay and deliver all legacies contained and specified in the said Testament as far as the said goods, chattels and credits will thereto expend and the law charge them this obligation to be void and of no effect or else to remain in full force and virtue.
Janet Wardlaw, John Wardlaw, James Wardlaw, Hugh Wardlaw
At a Court held for Augusta County May 18, 1762
Janet Wardlaw and John Wardlaw, with James and Hugh Wardlaw, their securities, acknowledged this their bond which is ordered to be recorded.
If you have read this far I heartily congratulate you!!
Categories: Family Stories
