“Full-Text
Search” Leads to Will of Francis Scott, 1865
Jean M.
Hoffman, CG
Full-Text Search
at FamilySearch Labs can deliver records with names and keywords never
previously indexed. One example is names of witnesses. Recent searches for
James McClintock in Bourbon County, Kentucky, in the 1800s returned records
that I needed. There were also records for his son of the same name. In one of
these the younger James was a witness to the will of Francis Scott, a brother of
my ancestor, Thomas Scott.[1]
I did not have a date of
death for Francis Scott, only the likelihood that he died about 1865. The will
narrowed the date to the time between his writing the will, 29 September 1865,
and the date it was presented for probate, 21 October 1865. Francis named his
wife, Matilda. She was a sister of the James McClintock who witnessed the will.
(See posts about Matilda here and
here.)
Francis also named his three children: Susan Jane English, Ann Bivin, and Wm.
N. Scott. Proceeds of his estate were to be divided equally among them.
However, he stated “but that portion thereof that may fall to my daughter Ann Bivin shall be
placed in the hands of my Executor, or a trustee, for her exclusive use and
benefit as separate estate and may be invested in a house for her & to
descend to her children or their descendants living at her death.”
Will of Francis Scott, 1865, Bourbon County, Kentucky |
Creating a trust for one married daughter but not the other might have been an attempt to protect Ann’s inheritance from her husband. If that was the intent of Francis Scott, it was not entirely successful. The executor, W. W. Mitchell, died so a new trustee was needed. James B. Bivin was appointed with surety for his bond provided by Matilda Scott, Ann’s mother.[2] James B. Bivin was Ann’s husband. This record was located using Full-Text Search of the name of Francis Scott. (See Anna’s cemetery blog post.)
The other daughter, Susan Jane English, was born to the first wife of
Francis Scott, Cynthia McDaniel. Susan Jane was provided for not only by her
father, but also in the wills of both of her grandfathers, George McDaniel in
1847[3]
and John Scott in 1857.[4]
The will of John Scott was originally located in person in Cynthiana. The
will of George McDaniel was located at FamilySearch in unindexed will books.
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[1] Bourbon County, Kentucky, Wills Book R
(1864-1871): 96, will of Francis Scott, 1865; imaged, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:33SQ-GP3T-9MQW
: viewed 16 October 2024), image group number (IGN) 4818827, image 49 of 264;
citing Bourbon County Clerk of Court.