Will of Jane Samuel

Jane Samuel's Will

Transcribed by

  Professional Genealogist

Valerie J. Thompson

October 24, 2014

　

Rockcastle County, Kentucky Will Book D, page 336, 337

Jane Samuel’s Will

In the name of God, Amen, I Jane Samuels being weak in body, but sound in mind make this my last will and testament (viz)

I will to my son, Z. T. Samuels 1 bed stead and furniture, To my daughter Betsy H. Potts 1 frame, and part of my bed clothes, and to her daughter, Gertrude T. Potts my side saddle. I will to my son, John C. Samuels my feather bed and some bed clothes. I will to my daughter, Martha Thompson’s children, $5.00 or the worth of it in something else. All the remainder of everything else that I have I will to my daughter, Rebecca J. McClary. To my son, David A. Samuels, I will $1.00.

Given under my hand this 11th March 1862,

                                                                         Jane Samuels

Att:

A McClary

Susan Mclary

I Wm. Fish, Clerk of the Rockcastle County Court certify that the foregoing will of Jane Samuels was … 22nd day of June 1862, filed and ordered to record as appears from endorsement on said will. In these words, filed and ordered to record June 22nd 1862 in the handwriting of D.C. Colyer my predecessor in office, and same is truly recorded my office the 28th day of July 1866

Wm. Fish, Clerk

By A. Smith, D.C.

 

 

  Jane Roper was married to Harndon Samuell on 14 November 1815 in Caswell County, North Carolina. She was born 24 February 1793 according to the McClary family Bible. She died in 1862 and is buried at the Potts Cemetery in Rockcastle County, Kentucky.

 

Herndon Samuel was born 5 Aug 1788 and died 4 November 1872 in Lincoln County, Kentucky. He was a soldier of the War of 1812 having served in the Virginia Company as a private under Captain's Walls and Wilson. He is buried at the Horton Cemetery in Lincoln County, Kentucky. His service is noted in brief record in Lincoln County, Kentucky Will Book X, page 143, and Will Book Z, page 136.

 

Jesse Brock 1751-1843

SAR Marker for Jesse Brock, dedicated August 30, 2014
Photo taken by Valerie J. Thompson
 

        In the pension papers of Jesse Brock, there are three references to his birth date. He appeared before the court of Harlan County, Kentucky on the 16th of October 1833, "aged 82 years the 8th day of December next".  During the interrogations for his application, Jesse was asked, "Where and in what year were you born?" He answered, "I was born in Cumberland County in the State of Virginia on the 8th day of December 1751, as my father has told me." When asked, "Do you have any record of your age?" He replied, "I don't know that there is any record of my age, my father always told me that I was four years old the year of Braddock's Defeat." General Braddock's Defeat was the 9th of July 1755.

    While there is a date of 1836 on Jesse Brock's tombstone, he died several years later. The 1836 date was likely taken from the following notarized transcript of a Bible record. This typed copy found in Kentucky Department of Libraries and Archives Brock file is clearly not accurate. The name and birth, death and marriage date for Jesse Brock's assumed wife is also questionable.

 





   

     Jesse Brock personally appeared in Harlan county court in October of 1836 and signed his name to the following declaration, which is also found in his pension papers.

 

     State of Kentucky

     Harlan County

On the 14th day of October 1836  before me the subscribed, a Justice of the Peace for said county of Harlan, personally appeared Jesse Brock who on his oath declares that he is the same person who formerly belonged to the Company commanded by William Underwood in the Regiment commanded by Colonel Thompson as well as he now recollects in the service of the United States, that his name was placed on the pension roll of the State of Kentucky, that he received a certificate of that fact under the signature and seal of the Secretary of War, which certificate on or about the first day of last December 1835 at or near the house of Armstead Miller in the County of Lincoln and State of Kentucky was lost. He further states that about the 14th day of last October he made a power of Attorney to Charleston Hunt of the City of Lexington and states aforesaid to draw said pension and placed the same in the hands of James S. Henderson who delivered the aforesaid power of Attorney with the original certificate to Major Charles Colyer of Rockcastle County and State aforesaid who presented it to the said Hunt and Hunt drew the money for him and delivered it with the certificate to the said Colyer at the place before mentioned, but his pocket book and the original certificate with a considerable quantity of money as he is informed was lost or stolen.

He here refers to the affidavit of the said Charles Colyer.

                                                                                                                                                                                     

                            Signed, Jesse Brock

    
    James S. Henderson and Col. Charles Colyer also gave supporting statements. On November 17th 1836 the War Department wrote "Let a new certificate be issued." The War Department also noted that Jesse had previously signed with his mark.

1840 Census of Harlan County, Kentucky
Jesse Brock
1 male 80-89, 1 female 80-89

He was paid until 4th March 1842, and the agency was notified 27 September 1844, but the date of his death does not appear in the papers. No wife or children are mentioned in the pension papers.

    Harlan County, Kentucky Court Order January Term 1856, page 358 Microfilm #834234 Kentucky Department of Libraries and Archives:

January Term 1856
Ordered by the court that satisfactory proof has been made that Jesse Brock died on the 13th day of Oct'r 1843 and left no widow, but he left has 6 heirs living, Aaron Brock, Amon Brock, Sally Coldiron, Polly Helton, Susannah Blanton & Theny Slone.

The other source used for the children of Jesse Brock is the Annie Walker Burns interview with Elijah Brock.

     Jesse Brock's complete pension application papers S30887 can be viewed at U.S., Revolutionary War Pension and Bounty-Land Warrant Application files 1800-1900, Ancestry.com courtesy of the National Archives.
    A comprehensive and thorough study of Jesse Brock and his family is located at BrockAncestry.com, as well as, DNA results. Male descendants of Jesse Brock are haplogroup J1, not Native American.

    
                                                                    

 

    

 

WILLIAM PROCTOR 1796-1841

     WILLIAM PROCTOR 1796-1841

By

Valerie J. Thompson

 

 

 

     William Proctor died in Gallatin County, Illinois in 1841. Two sources provide his death date, his Probate papers and a newspaper article. From Shirley Cummins Shewmake's book, Gallatin County, Illinois Newspapers, Vol. 1 (1841-1843)  "Saturday, December 11, 1841, Died this place on the 8th inst. William Proctor, aged about 45 years." [The Illinois Republican] The news post also provides a birth year. From Probate Box/Drawer 76 Gallatin County Circuit Court is the following bill for the coffin and grave garments for William Proctor.

 



Wm Proctor death 8 December 1841

 

 

 

     There was no will amidst the Probate Box Papers. This conflicts with the findings in the Proctor Connection, 1978 and the DAR application papers of Mrs. June Head, 1995.   Surely there is a will, I insisted, speaking with the clerks at Gallatin County Circuit Court. I have two sources, one a book and the other a DAR member, whose gedcom reads "Niece and nephews inherited because William had no children of his own. The Sarah Proctor would have been a daughter of John, so all of William's brothers and all children of John Proctor were the heirs. Will mentions L. M., Nicholas, John, Ephraim, Silas Cloud Proctor and Sarah Proctor Cloud."

 

Again, I was told there was no will.

 

Reading over the Probate Box Papers, I find another statement from the Administrator of William Proctor's Estate, Samuel L. M. Proctor, which reads:

 

Shawnee[town], Sep 3rd 1847

W. Davenport, P. Justice, Sir

I know of no objection or defense against the notes given by my INTESTATE Wm. Proctor, Dec'd

to William Cockrell Oct 16, 1829 being 10 percent interest & having a credit on it of Fifty dollars paid June 13, 1836. Note being on its face for one hundred dollars.

                                      
[Signed] S. L. M. Proctor

Wm. Proctor intestate





 



 

         Apparently, there were proceedings regarding the estate of William Proctor from the time of his death in December 1841 until 1856. His personal property was inventoried 14 December 1841, and sold at public auction on 22 January 1842. Samuel L. M. Proctor was Administrator.   Various notes and receipts dated from 1838 to 1856 are also contained in the Probate Papers of Box 76.

 

     From Gallatin County Deed records filed 17th February 1852 a deed is conveyed from the Commissioner John Hall to Samuel L. M. Proctor, Administrator of William Proctor, deceased, for $15.00, the upper and north half of Lot No. 1129 & 1130 in Shawneetown.

 

"Whereas at the September term of the Circuit Court of Gallatin County, Illinois in the year of our Lord one thousand eight hundred and fifty one on a bill for title filed in said court by William Proctor in his lifetime against James M. Jones and John Docker who have also since deceased the following order was made, Samuel L. M. Proctor Adm'r of William Proctor, deceased vs John W. Norton, Attawa Norton, Elenor Jones, Harrison Jones, Alexander W. Jones, Merrit Scott Jones, Heirs at law of James M. Jones deceased."

 

 Obviously, there should be more papers in the Gallatin County, Circuit court records. Hopefully, they will explain more about what happened with William Proctor's estate.

 

From Newspapers of Gallatin County, Vol III, page 154 by Shirley Cummins Shewmake:

 

PETITION TO SELL LAND - State of Illinois, Gallatin County, court, June Term 1856. Samuel L. M. Proctor, Adm'r vs. Nicholas Proctor, Samuel L. M. Proctor, John Proctor, Ephriam Proctor, Silas Cloud and Sarah Cloud, heirs at law of William PROCTOR,  dec'd. April 9, 1856. [Southern Illinoisan]

 

The above named persons are assumed to be the children of John Proctor and Mary "Polly" Moore according to the Proctor Connection by Shirley Ross and the DAR application papers of Mrs. June Head.

 

Here is where a lot of questions arise. How were the children of John Proctor proved? Are all of these persons named in the Petition to Sell Land children of John? Could any of them be children of William? Some report William never married. Who is the woman and child with William on the 1830 Census of Gallatin County, Illinois. Some report that he married Louisa Wilson 1827 in Gallatin. If so, what happened to her? Why are John Proctor's children the heirs of William Proctor when John survived his brother by more than a decade? John and Mary Proctor  made a statement in 1854 when   Catherine Proctor, widow of Nicholas Proctor, applied for his pension.  

 

A death record for John J. Proctor is included in the DAR application papers of Mrs. June Head, a descendant of John J. Proctor, believed to be the son of John Proctor, who was the son and heir of Revolutionary War soldier, Nicholas Proctor. The death record does not state the names of John J. Proctor's  parents. A tombstone photo is included giving the birth and death dates for John J. Proctor. This does not provide information about his parents. A marriage record is included in the DAR papers, but again there is no parental information on the marriage record. So how was it proved that John J. Proctor was the son of John Proctor? None of the Circuit Court records, or the newspaper post, Petition to Sell land, were included in the DAR papers.  There was included a page from Shirley Bodersen Ross's book, The Proctor Connection. No will of William Proctor was provided, nor any of his probate papers.

 

Hopefully, there will be some answers to these questions in the Circuit Court papers. If so, this will be continued.

NICHOLAS PROCTOR 1756-1835

NICHOLAS PROCTOR 1756-1835 Part II

 

By

 

Valerie J. Thompson

 

 

    

     In his pension papers Nicholas Proctor states that he removed to Butler County, Kentucky and then to Hamilton County, Illinois. Butler County adjoins Logan County.

In 1820 Logan County, Kentucky Nicholas Proctor, who would have been about age 69, married Catherine Leonard, age about 35. They were married about 15 years. Logan County, Kentucky Book 1 1818-1840, page 17 





 

 

     Nicholas first attempted to apply for pension in 1828 or 1829 under the "Act for certain surviving soldiers and officers, approved May 28, 1828. Letter from Treasury Department dated 21 April 1829 Hamilton County, Illinois informs that there were insufficient evidence for the service of Nicholas Proctor of Hamilton County, Illinois.

1830 Census of Hamilton County, Illinois

Nicholas Proctor

1 male 10-14, 1 male 20-29, 1 male 70-79; 1 female 5-9 and 1 female 40-49

On 19th day of March 1834, Nicholas Proctor, a resident of Hamilton County, Illinois gave declaration for the purpose of receiving benefit of the act of Congress passed June 7th 1832.

Nicholas Proctor wrote his will the 16th day of July 1835, which was witnessed by his brother, Little Page Proctor, William Bryant, and Lewis Lane. In the will he named his wife, Catherine and his sons, John, Isaac, and William. By statement of his wife, Catherine and John Proctor, Jr., and Mary Proctor, Nicholas Proctor died 26th of July 1835. The will was proved in court on the 4th day of August 1835 by the oath of Little P. Proctor and William Bryant. The original will can be viewed at Familysearch.org, Illinois Probate Records 1818-1970 - Hamilton - Will Book Vol. A, page12,13 image 30. It is the only Proctor Will listed in that book.

Little Page Proctor’s pension declaration affirms the relationship of Little Page Proctor to Nicholas Proctor. " He respectfully refers the Honorable Secretary of War to those affidavits as confirmatory of his statement made herein. And, also to the positive oath of his brother Nicholas Proctor who served with him throughout the same service & under same officers – excepting that he was in one campaign across the Ohio more than this affiant was then."

Times Leader, McLeansboro, Illinois newspaper November 12, 1936, interview with Ralph Proctor grandson of Little Page Proctor "According to information received by the Times-Leader, two Revolutionary War Veterans are buried in the Concord Cemetery, Crook township. They are Littlepage and Nicholas Proctor."

After Nicholas died, Catherine, age 69 applied for a widow's pension on April 19, 1854.

　

On April 22, 1854 in Hamilton County, Illinois John Proctor, Jr., and Mary Proctor gave testimony that Catherine and Nicholas lived together as man and wife, and that they were present at their wedding. (The pension application papers of the widow, Catherine Proctor)


October 28, 1868, Catherine, age 83 filed for an increase in her pension. William Brinkley mentions both Sarah Proctor and Catherine Proctor among the pension papers of both, Nicholas and Little Page Proctor.

One Catherine Proctor, age 93, is listed on the 1870 Census of Hamilton County, Illinois in the household of Sarah Ban.

Note: Shirley Bodersen Ross and therefore, Mrs. June Head (DAR application papers) state that the above  John Proctor, Jr., was the son of Nicholas Proctor and that this John Proctor died 1840-1850. (ISGS Quarterly XIV:1, Spring 1982) (DAR application papers of Member 6445025, for Patriot Proctor A201131)

Ross and Head further assume the children of this John Proctor were Samuel L. M., John J., Nicholas, Ephraim, and Sarah. This was based upon an assumed will of William Proctor, who died in 1841 in Gallatin County, Illinois.

(continued next blog)


NICHOLAS PROCTOR 1756-1835

     NICHOLAS PROCTOR 1756-1835

Part I

By

Valerie J. Thompson

 

     At the request of CeCe Moore, Your Genetic Genealogist, I have been researching Proctor ancestors in Kentucky. You can read about her family at http://mytangledvine.blogspot.com Much of the Proctor research has been previously based on The Proctor Connection, by Shirley Bodersen Ross, 1978. I will share some of my additional findings here.

     Nicholas Proctor, Revolutionary War soldier was born about 1756 in Brunswick, Virginia. The pension application papers for Nicholas and his widow, Catherine, can be viewed on Ancestry.com    "U.S. Revolutionary Pension and Bounty-Land Warrant Applications 1800-1900". A transcription of his pension declaration can be read at http://revwarapps.org/w8537.pdf There are more to the papers than just the declaration of his service.

    Nicholas Proctor migrated to Kentucky prior to statehood, and lived at Fort Boonesborough. He married Rachel Wright Estill, widow of Captain James Estill, one of Kentucky's earliest heroes, who died in an Indian skirmish, known as Estill's Defeat, 22 March 1782.

Madison County, Kentucky Court Order Book A, page 83

27th March 1788 at court held for the County of Madison

"Ordered that Thomas Shelton, James French, and William Irvin be appointed to settle with Nicholas Proctor and Rachel, his wife, as Administrator to the estate of James Estill deceased and that they make thereof to the next Court."
  
  
     Captain James Estill left a will and Rachel was to receive the 1000 acre plantation known as 'Locust Thicket', the slaves, and half the personal property. You can read Captain James Estill's will in my previous post http://vjthompson.blogspot.com/2013/09/will-of-captain-james-estill-1781.html

     Was this the plantation story passed down through the family of Ephraim Proctor?

"Our grandfather Ephraim Proctor was born in Kentucky, Feb 20, 1822 on his father's plantation. Ephraim's father owned slaves, but the slaves were freed before the Civil War. I understood however they never left the plantation having no place to go and also because they were well treated. [I sure wish I knew if this was true.] - My Tangled Vine, "Amanuensis Monday: Letter from My Great Aunt Cleo, 1990"- posted Monday, February 21, 2011


   James Estill also owned lots in the Town of Boonesborough, as did Nicholas Proctor (Fig, 6 William Calk's map of the town lots of Boonesborough, page 17; key to lots page 25, Searching for Boonesborough by Archeaologist, Nancy O'Malley, 1989) 

                                                                 

 

     " Memorandum of Certificates of which Daniel Boone was robbed on the night of the 20th of

March 1780", two of which belonged to Nicholas Proctor [Sr] and Nicholas Proctor, Jr., 400 acres each.

 

 

    

 

 

     Nicholas Proctor, Jr. assigned his 400 acre preemption, Treasury Warrant No. 1941, issued 15th day of 1781, to Matthias Spaw 27th of March 1784, for which Matthias Spaw did receive a land grant. Images of Kentucky Land Records can be viewed at www.sos.ky.gov.

 

     The elder Nicholas Proctor is noted in Madison County, Kentucky Court Order Book B, page 81,

July 1, 1794, "Ordered that Henry Burnham, Sr., Nicholas Proctor, and James Bradley be exempt from county levy by age and infirmity." 

 

Nicholas Proctor, [Jr] is listed on the 1810 Census of Madison County, Kentucky

1 male 10-15, 2 males 16-25, 1 male over 45; 1 female 16-25, and 1 female 45 and over; Slaves 1

November 11, 1814  Nicholas Proctor and Rachel, his wife, convey to Elihu Green 50 Acres on Muddy Creek in Madison County, Kentucky, Deed Book K, page 526

 

Rachel Wright Estill Proctor died sometime after 1814 and before 25 January 1820.

(continued in next blog)