Barton-Barkshear Marriage Bond
Know all men by these presents that we Taylor Barton & James Brownfield are held and firmly bound unto the Co wealth of Kentucky in the sum of L50 current money and for the payment of which well and truly to be made and done to the s'd Co wealth bind ourselves our heirs excrs and admins jointly and severally and firmly by these presents sealed and dated this 25th day of July 1821 the condition of the above obligation is such that whereas a marriage is shortly intended to be solumnized between the above bound Taylor Barton & Polly Barkshear now should there be no lawful Cause to obstruct s'd marriage then the above obligation to be void else to remain in full force.
Att: H C Moore
Barton (his mark)
Will of Taylor Barton
I Taylor Barton do hereby make my last Will and Testament in manner and form following that is to say: I desire after the sale I have ordered out of the money arising therefrom all my just debts and funeral expenses be paid and the balance of the sale money to be equally divided between all my children by my first wife (namely) William Barton, Sarah Wilson, Polly Brownfield, James Barton, Roswell Barton, George Barton, Betsey Alson, Taylor Barton, Jr, Susan Barton and Thomas Barton. To Polly Brownfield I give and bequeath one red cow now in her possession for her kindness to my infant son. My farm containing one hundred acres of land lying and being in Pendleton County and State of Kentucky lying in the forks of short Creek or mostly on the north fork of the same which I bought of James On I give and bequeath to my infant heir the children of my last wife Polly lately deceased to be equally divided between them and my adopted daughter Malinda Barkshire the said children heirs of my wife Polly deceased as above herein named (to wit) Nancy Barton, Amelia Barton, Robert Barton, Eleanor Barton and John Barton. And it is further my will and pleasure that my son Thomas Barton shall receive the rent of my farm for the term of three years from the date of this my will and testament for his kindness towards me and my family in sickness. After the three years rent given to my son Thomas Barton is paid: my will and pleasure is that the rent arising from said farm be appropriated in raising my said infant children named above. And further my will and pleasure is and I strictly enjoin it on my executors herein after named that they do the business of executor without going to court or giving any bond in the execution at their office. And lastly I do hereby constitute and appoint my son James Barton and my son-in-law William Brownfield executors of this my last will and testament hereby revoking all other or former wills and testaments by me heretofore made. In witness whereof I have hereunto set my hand and affixed my seal this 8 day of Feb. in the year of our Lord one thousand eight hundred and thirty one Campbell County Kentucky.
Signed, sealed, published and declared as and for the last will and testament of the above named Taylor Barton in presence of us:
Campbell County Sept Court 1831. The foregoing last will and testament of Taylor Barton was this day produced in court and proved agreeably to law by the oaths of the two subscribing witnesses Wm M Fisk and Saml Stowns to the satisfaction of the court whereupon the same is ordered to be recorded.
Source: Jerry Orem, POB 2611, Eugene, OR 97402
James Orr to Taylor Barton Heirs
indenture made and entered into this 20th day of October
1846 between James Orr of the County of Pendleton and
state of Kentucky of the first part and Malinda
Barkshere, Nancy Barton, Milley late
Milley Barton, Robert Barton, Elon (Ellen) Johns late
Elon Barton, and John Barton heirs of Taylor Barton,
dec'd of the county and state aforesaid except Malinda who resides in
Illinois, and Nancy Barton and Milly late Milly who live
in the state of Indiana and Elon Johns late Elon Barton
and John Barton who reside in the County of Kenton in
this state of the second part witnesseth that for and in
consideration of the sum of two hundred dollars,
stipulated to be paid by the said Taylor Barton deed in
his life time to the party of the first part, the receipt
whereof is now hereby acknowledged, the party of the
first part doth hereby grant, bargain and sell unto the
party of the second part their heirs and assigns all that
tract and parcel of land situate, lying and being in the
County of Pendleton and state of Kentucky, on the waters
of the south fork of Licking, and of Short creek being
that part of James Moodys 31,000 acre survey conveyed to
the party of the first part by A P McMillan one of the
Executors of Samuel McMillan deed and which is bounded as
follows, to wit, Beginning at (A) three sugartrees, white
oak and red oak, in the line of Moody and McMillan,
thence N 17 1/2 E 126 1/2 poles to B three hickories and
red oak sapling on the top of ridge; thence s 72 1/2 E
crossing a field at 30 poles & branch at 32 poles,
continueing in this line 126 1/2 poles to C two
sugartrees and ash; thence S 17 1/2 W 126 1/2 poles
crossing a road and Short creek to 2 three hickories and
water beech, on the south bank of said creek and in the
line of Moody and McMillen thence with said line N 72 1/2
west, 126 1/2 poles passing through some improvements to
the Beginning including one hundred acres. To have and to
hold the said tract of land and its appertenances with
every thing appertainning thereunto to them the said
heirs of Taylor Barton dec'd, the part of the second
part, their heirs, executors, administrators and assigns
forever, and the said part of the first part for himself
his heirs, executors, and adminitrators doth covenant
with the said party of the second part their heirs,
executors, and administrators to refund the purchase
money without Intrest should the premises hereby conveyed
ever be lost by a better claim in testimony whereof the
party of the first part together with Elizabeth Orr who
hereby relinquishes her dower to the premises hereby
conveyed, hath hereunto set his hand and affixed his seal
the day and year first above written.
Signed: James Orr, Elizabeth Orr (her mark)
Commonwealth of Kentucky
John P Rust vs Barton
On Sept 5, 1851 John P Rust purchased a tract of land on waters of Short creek, of James Wilson for $600, and Wilson gave his title bond for a deed of general warranty on or before March 1, 1853.....Rust gave his note to Wilson, who assigned same on Jan 6, 1852 to A F Monroe and Napoleon B Aulick who sued and recovered a judgment at June term 1852.
Since plaintiff has been in possession of the land he has found there are various interests in the land, to which daft Wilson has no shadow of right.
The land was conveyed or intended to be conveyed by Executor of McMillen dec'd to James Orr, but if any deed, it has not been found in Pendleton Co. Clerks office.
James Orr conveyed the land to Malinda Barkshire, Nancy Barton, Milly late Milly Barton, Robert Barton, Ellen Johns late Ellen Barton and John Barton, being the heirs of Taylor Barton dec'd, which deed is recorded. A portion of said heirs to wit, John Barton, Robert Barton, Nancy Barton and Ellen Johns and A B Johns, being 4 of the heirs out of six, sole their interest in some manner to Taylor Barton, Jr.
That John and Nancy were infants when they sold to Taylor Barton. Since John Barton arrived at lawful age he sold his interest to A B Johns.
Amelia Barton and Malinda Barkshire have never sold. Taylor Barton, Jr has a clear right to but 2 shares out of six, and has not obtained the legal title even for these.
Taylor Barton, Jr sold the tract to Samuel & Benjamin Lancaster for a reduced price and has made no conveyance. Shoemakers sold the land to James Wilson, and have not made him a deed. Wilson has not paid the purchase money. Wilson sold the land to plaintiff Rust.
Signed: John P Rust
granted Aug 25, 1852 by Wm. C Naylor, P J P C C
Sur: Ex on A B Johns, Ellen Johns, J Wilson, N B Aulick in Sept 1852
I L Yelton, S P C
Aus of A B & Ellen Johns, Dec Term 1852
Admit they sold their undivided 1/6 interest in the land, descended to Ellen as one of the 6 heirs of Taylor Barton dec'd, their father, unto their brother Taylor Barton, Jr, the purchase money of this 1/6 interest has not been fully paid--- they are willing to convey to Taylor Barton, Jr or to Wilson. They have already signed a deed to Taylor Barton, Jr and ackd. it before two J P, which they are informed, Taylor Barton, Jr took with him when he removed to State of Indiana.
A B Johns says that his co-defendent & brother-in-law John Barton after arriving at full age, conveyed his undivided 1/6 part of the land to him (A B Johns) and the deed is recorded; and daft James Wilson nor John P Rust have no claim to the 1/6 part conveyed by John Barton to A B Johns.
The persons named in the Petition, as the heirs of Taylor Barton dec'd are the heirs of said Taylor Barton deed.
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Last updated February 16, 1999