James Montgomery (1803 - 1848)

Born 15 Sep 1803 in Rockbridge, Virginia, United States

Ancestors

Husband of Mary (Summer) Montgomery — married 18 Jan 1822 in Highland, Ohio, United States

Husband of Mary (Kerns) Montgomery — married 3 Apr 1832 in Highland, Ohio, United States

Descendants

Died 28 Jul 1848 at age 44 in Highland, Ohio, United States

Biography

James was born 15 Sep 1803 in Rockbridge County, Virginia to Robert & Sarah (Skidmore) Montgomery. He migrated with his family from Rockbridge to Highland County, Ohio in 1814 when he was eleven years old.

He married Mary (Turner or Summer) on 18 January 1822 in Highland County. The couple had 3 children. It is believed that Mary passed away after the birth of her son, Thomas in 1829.

On 03 April 1832, James remarried. This time to Mary Kerns. James & Mary had at least 4 daughters, but only 3 survived until adulthood.

James passed away in 28 Jul 1848 in Highland County at the age of 44. He is buried in Stringtown Quaker Cemetery.

Research Notes

1822 Marriage record

Maiden name of first wife, likely Summer or Sumner, or may be Turner. Surviving marriage book is a transcription of the original. Entry reads for Jonas Montgomery & Mary Summer or Turner. Index reads J Montgomery & M. Summer. Inverse index reads Mary Summer and James Montgomery. No Mary Turner in reverse index.

Deeds

Highland County Deed Bk 3, pp. 121 & 124. In 1835, James' father, Robert sold him 93 acres for $500 (see drawing below). Then immediately afterward, James "lent" the land back to his father for the rest of his life.

Resurvey of the boundary line. On 13 October 1836, Henry Cowgill, Benjamin Cowgill, Peter Newby, James Montgomery and Thomas Montgomery had the horizontal boundary of their respective lands resurveyed and the men placed stones to mark the corners of each property. This line is part of the original survey for John Hays #2314. Highland County Deed Bk 4, p. 356.

Resurvey of Boundary Line

Highland County Deed Bk 10, p. 280. Land inherited from Mary's father in dispute with some of her brothers.

Will of James Montgomery

I, James Montgomery of the County of Highland in the State of Ohio do make and publish this, my last will and testament in the manner form following, to wit-

First-It is my will that my funeral expenses and all my just debts be fully paid with the notes and accounts that are due me.

Second-I give, devise and bequeath to my beloved wife, Mary Montgomery, in lieu of her dower, the plantation on which we now reside that is all that part which lies north of the middle of the road leading from New Petersburg to Hillsborough in the County of Highland and State of Ohio, containing as is supposed about seventy acres, during her natural life, and then at her decease to be equally divided between our three children, Susan, Mary and Eliza E. Montgomery, and to my wife, I give and bequeath the black mare which I now own, and two cows of her choice of my cattle; and all the young sheep under one year old that is my flock of sheep; also a large black and white spotted sow and pigs, and all six head of hog that will do to fatten for her meat this fall; also all the household and kitchen furniture, also a sufficient quantity of corn to fatten her meat and keep the balance of the grain to be fed to the stock one year; and hay and her bread and the balance of the grain to be fed to the stock that is to be sold by my executor, whom I shall appoint.

Third-I give and devise to my eldest son, Thomas Montgomery Jr., all that part of my tract of land south of the middle of the road leading from New Petersburg to Hillsborough in the County of Highland and state of Ohio. Also one dun mare that I now own and one rifle gun; and one bar share and shovel plough and harrow and doubletree and two single trees; pair of gearing for horses - all of his choosing of said utensils owned by me; also the axes and hoes which I own, and other tools such as augers, saws, and chisels, and key log chain-all of which I own of said articles to be my said son's at my decease, and saddle and bridle, and one white hog known as his.

Fourth-I give and devise to my two daughters, Rachel Brown and Rebecca McVay, all that tract of land situated, lying and being in the County of Hamilton and State of Indiana, containing eighty acres to be equally divided between them. And lastly, I hereby constitute and appoint my said wife, Mary Montgomery and Henry Kearns to be the Executors of this, my last will and testament.

In testimony whereof, I have this day set my hand and seal this eleventh day of July, A.D. 1848

James Montgomery (Seal)

Delivered by the above named James Montgomery as his last will and testament in presence of us, who have signed the same.
James Stafford
John Cowgill
Benjamin Cowgill

The State of Ohio
Highland County

This day the last will and testament of James Montgomery was produced in open Court and at the same time personally came James Stafford and John Cowgill subscribing witnesses thereto; who after been first duly sworn say that the said James Montgomery at the time of making and publishing his said last will and testament, was over the age of twenty-one years of age, of sound mind and disposing memory, and free from any restraint or persuasion whatsoever; and that he voluntarily subscribed said will in their hearing and presence; published and acknowledged and declared the same to be his last will and testament; and that they in his presence and at his request signed the same as subscribing witnesses.

James Stafford
John Cowgill
Sworn to and subscribed in open Court, August 18 AD 1848
Attest: Samuel Bell, Clerk
Highland County, Ohio Probate Court
Will Record Book 4, Page 391

Sources

• Find a Grave, database and images (www.findagrave.com/memorial/112282507/james-montgomery : accessed 27 May 2021), memorial page for James Montgomery (15 Sep 1803–28 Jul 1848), Find a Grave Memorial ID 112282507, citing Stringtown Quaker Cemetery, Highland County, Ohio, USA ; Maintained by Marianna Kerns Morgan (contributor 47616369) .

• "Ohio Probate Records, 1789-1996," database with images, FamilySearch (https://familysearch.org/ark:/61903/3:1:3QS7-89M2-X5XB?cc=1992421&wc=S24Z-C6X%3A266275001%2C266585701 : 1 July 2014), Highland > Wills 1809-1849 vol 1-4 > image 449 of 476; county courthouses, Ohio.