Abigail Montgomery1

d. before 1831
FatherThomas Montgomery1 d. 1803
Marriage1800 Abigail Montgomery married Samuel A. Preston, son of Thomas Preston and Nancy (?), in 1800.2 
Devisee  Abigail's father wrote his will in 1803 in Washington County, Virginia. He left Abigail the upper part of his large tract of land on the south side of the Middle Fork of the Holston River. Abigail's sister Ann was to have her support from this part of the land as well. Thomas left the lower part of the tract to Abigail's sister Margaret Beaty. At the women's death the land was to be equally divided among their children. Thomas also owned land in Kentucky which was to be sold with half going to his 3 daughters and the other half to Margaret and Abigail's children. The will also distributed horses, cattle and sheep among the 3 women.1 
Deathbefore 1831  Abigail's exact date of death is not known to me but may have occured in 1830. Court documents filed years after her death state that she died the ___ day of ____ 183_ [blanks were not filled in]. There is no indication she was present when the Samuel Preston household was enumerated in Washington Co. in 1830. The official census date was June 1, 1830, but the filing date was extended to Aug. 1, 1831 and many households were recorded as they stood the day of the enumerator's visit, rather than on the official census date.

Both Abigail and her sister were deceased by Sept. 1831 when their heirs filed a case in Washington Co. court to divide Thomas Montgomery's land.3,4,5 
Court Record27 Sep 1831  For unknown reasons no deeds were executed as a result of the 1831 suit, although the commissioners returned their report dividing the land. In the 1840s Nelson Beaty, a grandson of Abigail's sister Margaret, brought suit against Margaret's other heirs to finalize the land division. An "infant", aged about 13-15, Nelson's guardian was Abigail's son Thomas. The suit did not end until 1850.5 
  Abigail's husband Samuel remarried in Jan. 1832. 

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

Family

Samuel A. Preston b. 15 Aug 1775, d. 17 Feb 1857
Children
Last Edited4 Jan 2013

Citations

  1. [S616] Thomas Montgomery will (recorded 1803), Washington Co., Virginia Will Bk 2: 370.
  2. [S2] Catherine McConnell, High On A Windy Hill, p. 377. Stone reported to read: Samuel Preston of Walnut Grove, 15 Aug. 1775-17 Feb. 1857. "Emigrated to America, 1790. Married Abijial [?] Montgomery 1800 & Rebecca Snodgrass 1832."
  3. [S578] Samuel Preston household, 1830 U.S. cens., Washington Co., Virginia, p. 275 (added script), line 23, viewed online at Ancestry.com, Sept. 2012. The enumeration included: Samuel Preston, 1 male under 5; 1 male 15 to 20; 1 male 20-30; 1 male 50-60; 2 males 20-30; 8 slaves.
  4. [S2527] "Bill of Complaint", 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 bill of complaint stated that Abigail Preston died on the ___ day of ____ 183_ and that Margaret Beaty died on the ___ day of ___ 18__.
  5. [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 references 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.
  6. [S2527] "Bill of Complaint", 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 bill of complaint was undated but the summons that followed was dated 4 March 1843.