Thomas Montgomery1

d. 1803
Will19 May 1803  Thomas wrote his will in Washington County, Virginia, in May 1803. He left his land to his daughters Margaret Beaty and Abigail Preston and allowed John Beaty [Margaret's husband] to have possession of the land on which he lived as long as Margaret was alive. At the death of the 2 women the whole of the land was to be divided among their children. Thomas also provided for his daughter Ann. In addition he mentioned land in Kentucky which was to be sold. Thomas appointed William Stewart, John Beaty and Samuel Preston as his executors.1 
Death1803 Thomas probably died in June in 1803 as his will was recorded late that month. 
Land-Surv20 Jan 1829  Thomas' land was surveyed for his heirs on 20 Jan. 1829. The large tract (over 700 acres) sat against the south bank of the Middle Fork of the Holston River just east of where present day Rt. 803 crosses the river.2 
  By the fall of 1831 Thomas' daughters Abigail Preston and Margaret Beaty were both deceased. Margaret's heirs then brought suit against Abigail's heirs to faciliate the division of the land. Although the court determined how the land should be divided no deeds were issued at that time.3 
  In the early 1840s Nelson Beaty, a grandson of Margaret (Montgomery) Beaty, brought suit against Margaret's other heirs to force the formal division of the land. Nelson's mother, Jane (Beaty) Land was deceased and Nelson was not of legal age. His guardian was Thomas M. Preston who was probably the same Thomas M. Preston who was the son of Abigail (Montgomery) Preston. The case dragged on for some years as James Beaty, the son of Margaret (Montgomery) Beaty, objected to various aspects of the division. Following James' death in 1847 the case was finally resolved and in 1850 deeds dividing the land were formally recorded (some for the second time).4 

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Click on the PDF icon to read a summary of the Chancery case that arose over the distribution of Thomas' land
Thomas's will

Family
Children
Last Edited2 Jan 2014

Citations

  1. [S616] Thomas Montgomery will (recorded 1803), Washington Co., Virginia Will Bk 2: 370.
  2. [S2349] Washington Co., Virginia Surveyor's records Vol. 2, 526.
  3. [S2527] Nelson Beaty by his guardian and best friend vs James Beaty, C. Jones, etc., Washington Co., Virginia Ended Chancery Causes 1850-05, reel 90, Library of Virginia, 800 E. Broad St., Richmond, Virginia. The case referenced a previous case filed in Washington Co. Chancery Ct [records no longer exist] brought by James, John, Alexander and Jane Beaty against Thomas M. Preston, F.W. Irby and Nancy Preston. An exhibit from that case references a decree dated 27 Sept. 1831 whereby commissioners were appointed by the court on 27 Sept. 1831 to divide the land among the various parties.
  4. [S2527] Nelson Beaty by his guardian and best friend vs James Beaty, C. Jones, etc., Washington Co., Virginia Ended Chancery Causes 1850-05, reel 90, Library of Virginia, 800 E. Broad St., Richmond, Virginia.