Tag Archives: nuncupative will

George Mason Killed by Indians 1787

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Bourbon County Will Book A, Page 3-4

The following is the will of George Mason who was shot by the Indians at the lower Blue Licks in Bourbon County, September 5, 1787.  George Mason desires that William Derrit will take into his profession everything that belongs to him and to sell as much as will pay of his just debts, the residue he gives to James Taylor, the son of Joseph Taylor, deceased, of Fairfax County [Virginia] near Alexandria and to his brothers and sisters to be equally divided among them except his wearing apparel, which he desires may be divided between William Johnson and his sister.

Test – Edmund Lyne and William W. Flin

At a Court held for Bourbon County at the Courthouse thereof on Tuesday, the sixteenth day of October 1787.

The nuncupative will of George Mason was proved by the oath of Edmund Lyne subscribing witness thereto and ordered to be recorded.  Test.  John Edwards, CBC

We the subscribers being ordered by Court upon the appraisement of the estate of George Mason, deceased, and after being duly sworn have valued and appraised the different articles as follows –

One small black cow, one large black cow, one brindled cow, bull and one brindled heifer, one black calf, one pied steer, one brown steer, one red bull, crop of corn, crop of apple trees, hogs, weeding hoe, dappled grey gelding, sorrel colt, old iron, three deer skins, one ewe, sheep, 3 pounds of iron, note upon William Johnston, Bond upon John Grant, Esq.  Total 54 pounds.

Given under our hands this 15th day of November 1787.  Jarrot Menifee, Joseph Robinson, George Ruddell.

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1833 Nuncupative Will of William Montgomery

In 1833 cholera ran rampant in most of Kentucky.  Many, many people died, several in a family, sometimes the entire family.  My gr-gr-gr-grandfather, William Peter Montgomery, was one of those who died of the dread disease in Washington County on June 19, 1833.  Yesterday, while at the courthouse in Springfield, I checked the probate records and found his nuncupative will – meaning an oral will that is written down by others.  Evidently he was too ill to even sign the document.  William’s wife, Polly (Yates), was eight months pregnant with their sixth child, William Peter, my ancestor, was born about six weeks or so after the death of his father.  The older children were Charles W. Montgomery, Martha E. Montgomery, Henry L. Montgomery, Mary Rebecca Montgomery and Frances Edwina Montgomery.

Son William Peter married Martha Ann Carrico December 30, 1862.  The couple had ten children, including my great-grandfather, Robert E. Lee Montgomery.

scan200The Montgomery’s from William Peter and Martha Ann on are buried at St. Dominic Cemetery in Springfield.  That parish began in 1843, after the cholera epidemic.  Springfield City Cemetery, also known as Cemetery Hill, has a monument dedicated to those who lost their lives during the cholera epidemics of 1833 and 1854.  An unnamed black gentleman cared for and buried the victims.  There are approximately 106 victims in unmarked graves.  I assume William Montgomery is buried here, but cannot be sure.

img_0885William Montgomery’s Will or last request.  1st That all his property, real, personal or mixt, be left to his wife Polly during her single life, 2nd if she should marry again she is only to have what she brought with her or had at the time of their marriage, 3rd the Estate to be at her death equally divided between all his children, 4th he appoints William Yates jointly with his wife as executors to manage his affairs to take care of his children and pay his debts, etc.

Samuel Montgomery, William Yates

img_0886At a County Court began and held for Washington County at the Courthouse in Springfield on Monday the 22nd day of July, 1833.  This nuncupative will of William Montgomery, deceased, was produced in court and proved by the oaths of Samuel Montgomery and William Yates, two of the subscribing witnesses thereto to be the nuncupative will of William Montgomery, deceased, and ordered to be recorded accordingly in will Book E page 147.

William B. Booker