“Full-Text Search” Leads to Will of Francis Scott, 1865

 

“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. Using the AI-assisted Full-Text Search finds records for more names and keywords providing results quickly.

Try this experimental search here, first logging into your FamilySearch account. Watch the informative video on that page for ideas.

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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.

 [2] Bourbon County, Kentucky, Order Book UU (1868-1871): 265, Anna E. Bivin agt. James B. Bivin in Equity case regarding trustee appointment and bond, October 1869; imaged FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3QHV-N38M-Y53H : viewed 30 October 2024), IGN 8690212, image 165 of 308; citing county courthouse, Paris.

 [3] Harrison County, Kentucky, Will Book E (1842-1847): 498-99, will of George McDaniel, 1847; imaged, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:33S7-9P3H-985Y?i=814&cc=1875188&cat=423239  : viewed 7 February 2020), IGN 4818763, image 570 of 583; citing Harrison County Court.

 [4] Harrison County, Kentucky, Will Book G (1853-1859): 410, will of John Scott, 1854, recorded 1857; imaged FamilySearch (https://www.familysearch.org/ark:/61903/3:1:33SQ-GPS5-9J62?i=204 : viewed 11 February 2024), IGN 4816027, image 205 of 669; citing Harrison County Court.

 

Death Date for Sarah “Sallie” (McDaniel) Scott

A Death Date Found (About) for Sarah “Sallie” (McDaniel) Scott

Jean M. Hoffman, CG

Sarah (also called Sallie) McDaniel married John Scott in Clark County, Kentucky, 21 July 1803 with the consent of her father Francis McDaniel.¹ In 1819 they lived in neighboring Fayette County, but finally settled in Harrison County.² Their neighborhood was called Scott's Station but the name changed to Shady Nook to avoid confusion with another Scott's Station in Jefferson County.³

John died in 1857 leaving a will that names eleven children, both living and deceased, and some grandchildren.⁴ In 1860 his widow lived with a married daughter, Mary, the wife of Harrison Cummins, along with her youngest child, Elizabeth.⁵ I had found no later trace of Sarah. John was buried in the Old East Broadwell Cemetery but it has been ruined as a cow pasture. It was transcribed by the DAR by 1960 so there is some record. But Sarah is not in that list.⁶

Harrison County probate records are now available online at FamilySearch. Looking through indexes I found an entry for the estate of John Scott in 1867. It turned out to be an affidavit filed by the executor of John's estate. The executor was his son, Robert Scott, who reported having settled the estate of his father previously, and that “about the last day of January 1867 his mother, the widow of Jn^o Scott departed this life.” Her assets were not enough for the expenses, but he had paid all the demands on her estate. This was his final report submitted 14 December 1867.⁷ While the date of death reads “about” that is probably the exact date and I consider it to be at least close.

Endnotes:

1. “Clark County Marriage Bonds 1793-1850,” Clark County Public Library, Winchester, Ky., bond and consent, Scott-McDaniel, 1803, scanned images provided via email 20 April 2011.

2. National Historical Company, History of Cass and Bates Counties, Missouri, Containing... (Saint Joseph, Missouri: National Historical Company, 1883), 514, gives Robert Scott's date and place of birth.

3. William Henry Perrin, ed., History of Bourbon, Scott, Harrison and Nicholas Counties, Kentucky (Chicago: O.L. Baskin & Co., 1882), 311-12.

4. John Scott will (1857), Harrison County Will Book G: 410, Harrison County Clerk's Office, Cynthiana, Ky.

5. 1860 U.S. census, Harrison County, Kentucky, population schedule, District No. 1, page 62, dwelling/family 445, Harrison Cummins household; NARA M653, roll 372.

6. Kentucky Records Research Committee, compiler, Kentucky Cemetery Records, Volume I (Lexington?: Daughters of the American Revolution, Kentucky Society, 1960), 56, this is the book with the original transcription of the stone but the cemetery is under Bourbon County and called Old Broadwell M.E. Churchyard. Also, Eric C. Nagle and Larry L. Ford, One Hundred Cemeteries of Harrison County, Kentucky (Dayton, Ohio: authors, 1992), 173. And, visit by author 28 August 2008 which verified the condition and lack of access.

7. ”Kentucky Probate Records, 1727-1990,” FamilySearch (https://www.familysearch.org/ark:/61903/3:1:33SQ-GP9H-DWV?wc=37RN-VZ3%3A173387201%2C173851401&cc=1875188 : viewed 29 April 2018), digital film 004816028, image 205, Harrison County Will Book I: 353, Affidavit of Executor, Estate of John Scott, regarding estate of his widow, 1867.

Surname Saturday: SCOTT in Kentucky

I recently created a scrapbook page featuring the known Scotts in my ancestry. My great grandmother was a Scott. Her father died young and his widow remarried. The second marriage produced no children. Fortunately the grandfather left a detailed will so that I know the makeup of the generation of his children. They lived in Harrison County, Kentucky, on Indian Creek.

His name was the very common John Scott. He was born in Pennsylvania in 1778. One of his neighbors, another of my ancestors, was also born that year in German Township, Fayette County, Pennsylvania. As there were Scotts in that vicinity at the time, I hope studying them will produce a relationship. I had hoped the fact that one of John Scott's oldest sons was named Francis might mean that was his father's name - and there was one in that PA location in 1790. I just got the bond and permission of what I think is John's marriage to a Sarah McDaniel in Clark County, Kentucky. It is HER father who was named Francis. Back to the drawing board on that one!

Starting with my great grandmother, here is my Scott surname list (place Harrison County except where noted):

Nancy Isabelle Scott, b. 13 April 1843, d. 31 December 1921 in Lakewood, OH, m. 3 May 1866
     John James McClintock, b. 7 July 1826 in Bourbon Co., KY; d. 18 September 1892

Thomas Scott, b. 22 December 1810; d. 22 October 1844; m. 22 December 1840
     Elizabeth McShane, b. 2 October 1823; d. 16 October 1907, m (2) 5 February 1846
          Caleb S. Whaley, b. 19 March 1818, d. 17 May 1887

John Scott, b. 16 October 1778 in PA; d. 3 March 1857; m. 21 July 1803 in Clark Co., KY
     Sarah (Sallie) McDaniel, b. ca. 1784; d. after 1860 census

Sarah, Wife of John Scott of Harrison County, Kentucky

John Scott of Harrison County, Kentucky, was born in Pennsylvania according to all census data. Date of birth of 16 October 1778 came from his gravestone in the Old East Broadwell Cemetery. He died 3 March 1857 leaving a will naming his children and grandchildren. His wife's name was Sarah, also called Sallie. The oldest child with known birthdate is Thomas born 22 Dec 1810. John and Francis appear to be older brothers, however. John Scott is a common name and another of similar age lived parts of his life nearby. Fortunately that John did not have a wife named Sarah.

Descendant Elizabeth (McClintock) Nickell (1902-1991) created a pedigree chart with Sarah's maiden name as McDaniel, no source indicated. As a child Mrs. Nickell had known Sarah's daughter-in-law, Elizabeth (McShane) Scott Whaley (1823-1907) who lived in the McClintock household. The widowed Sarah Scott, born about 1784, was enumerated on the 1860 census with son-in-law Harrison Cummins, daughter Mary (Scott) Cummins and unmarried daughter Elizabeth. She does not appear in later census years.

A Sarah McDaniel married a John Scott in nearby Clark County, Kentucky, on 21 July 1803. Indexes to the register list her name as McDonal and McDannel. There is a marriage bond signed by John Scott and Samuel McDonnal along with a permission from her father Francis McDaniel. If this is the marriage of the couple later living in Harrison County, it is likely that their son, Francis Scott, was named for his maternal grandfather. The permission is very hard to read and a portion of it seems to be cut off. Be sure to click on the following images to see larger versions. Land and tax records and probate in both counties should be searched next.