While reading probate records in Scott County, Kentucky, I came across the will of John Scott, written on 19 November 1815 and proved less than three weeks later on 6 December 1815.
John Scott is NOT an ancestor, although my husband does have a Scott line. However, this man is in the DAR Patriot Index and found in online family trees, of course with varying information.
DAR cites his birth date as 256 June 1748 in Culpeper County, Virginia, while others state he was born in Madison or Orange County, Virginia. Here is the scoop with the counties. Madison County was formed in 1792 from Culpeper, while Culpeper was formed on 28 March 1748 (three months’ before John Scott’s birth) from Orange County. Therefore, at the time of John’s birth, Culpeper County would be the correct county name.
However, I don’t know the source of John’s exact birth date, so if you are one of his descendants, further research should be done. DAR might have a family Bible entry – it’s worth checking out.
DAR also cites John Scott’s place of death as “near Frankfort, KY.” Frankfort isn’t in Scott County, but it is in the county just west of Scott County so it is close to Frankfurt.
While I see mentions of John Scott online, I did not see any mention of his will or a transcription of it. Scott County has lost some records and some are fire-damaged. This will is a transcription from the original book, which was either damaged or the ink faded so badly, it was impossible to read:
Will of John Scott, 1815
Scott County, KY Will Book B:236-237
In the Name of God Amen I John Scott of the County of Scott & Stae of Kentucky being indisposed in body but sound Judgment & recollection do make and constitute this to be my last will & Testament revoking all other wills heretofore made by me
Item all the property that I have given & delivered to my sons and daughters prior to this date I will to possess forever
Item I will that my son Joel Scott pays to my daughter Nelly Branham the sum of five hundred dollars in case my son Joel should (re?) or neglect to give his note to my said daughter Sally (sic) payable in twelve months after my death in that case. . . . . . said Joel shall forfeit all future Claims to the balance. . . my Estate as hereafter directed and my said daughter Nelly shall in that case possess the proportion of my Estate as hereafter. . . .to my son Joel for his neglecting to pay her the five hundred dollars as directed above
Item at my death I lend unto my beloved wife Hannah Scott during her natural life the farm whereon I now live (except it may be hereafter divided) Negro man Ben, Dennis, Charles Susanne, and her two youngest children, (Horn?) Rob, Ann bald. . . . Blake Household & Kitchen furniture, also one third part of all the ballance of all my Stock divided according. . . . . . .
at my death my will is that my son Ezekiel Scott. . . .have one hundred acres of land taken of the tract wheron. . . .live at the
corner lower end joining Toliver Craig Junr.. . . . . .at a white oak tree that is a side line between myself. . . . . . .near the Corner of my meadow, from thence along. . . . the corner where moore and myself Corner from thence. . . . .thence up the same for quantity but to be. . . .
. . . . . .I leave to my said son Ezekiel after my wife. . . .Whereas there is fifty acres of land laid off and if. . . . .of John Brooking who married my daughter Polly deceased I have not deeded to the said John Brooking I do hereby give Said land & premises to my Grandson John Samuel Brooking.
Item At my death I will that the remaining part of my Estate thats not named above shall be equally divided among my children (to wit) Early Scott, Thomas Scott, Joel Scott, Ezekiel Scott, Na. . . .Branham and my Grandson Samuel Brooking. . . . . .lotted by disinterested men or sold among the legatees this. . . .Estate sold at public sale.
Item I also will that at my wifes death all of her proportion of my. . . . . . . as lent above shall in like manner be divided among all my sons & Grandson
Item I do constitute and appoint Rodes Smith my sons Joel Scott & Ez. . . .Scott Executors to this my last will and Testament Given under my hand and seal this 19 day of November 1815
John Scott (seal)
R. McCalla (McCauly)
Scott County December Court 1815
The foregoing Instrument was this day proved by the oaths of all the subscribing witnesses to be the last will and Testament of John Scott deceased & ordered to be Recorded & thereupon Came Rodes Smith & Ezekiel Scott the within named Executors & took the Oath & Entered into bonds as the law directs & thereupon probate of the same Will was granted them in due form.
Attest Cary L. Clark C.S.C.C.
Know all men by these present that we Ezekiel Scott Toliver Craig and James Connally are held and firmly bound unto the Commonwealth of Kentucky in the Sum of Ten thousand dollars current money to be paid to the said Commonwealth the payment wherof will and trul to be made we bind ourselves our heirs Executors & admins Jointly and Severally firmly by these presents Sealed and dated the 6 day of December 1815
The DAR Ancestor Index states that John Scott married Hannah Early. A DAR Lineage Book, volume 134, from 1916 states that John Scott commanded in the Virginia State Line.
1. Early married and had a family in the 1820 census of Scott County, but no marriage record has been found for him.
2. Thomas; married Rhoda Parker, 19 December 1807, Bourbon County, Kentucky
3. Joel; married Rebecca Ridgley Wilmot, 23 December 1805, Bourbon County, Kentucky
4. Ezekiel; married Dorothy P. Hawkins, per the DAR Ancestor Index
5. Eleanor (Nelly); married Mr. Branham, said to be Harlan Branham
6. Mary (Polly); married John Brooking. They had at least one child, Samuel, named in John Scott’s 1815 will.
Descendants now have a documented starting place to continue research into the family of Captain John Scott.