Person:John South (5)

!BIRTH: Book, The Irvines, says John South , according to affidavid made by his son, John South was born near Hagerstown, Maryland. Perhaps in the Carolinas he married Margaret Drake, daughter of John and Margaret Weldon Drake. They moved to Bedford County, VA before 1762. He was a resident of Boonesborough, Kentucky about 1775. John South will dated 6 Dec 1798, Bath County, KY

From: John South 24 apr 1770- Bedford co Va -wittness land sale of Edward Fear

           1775  Fincastle co VA- served as a Ranger
    oct  1776 - Exp against the Cherokees as a Packhorseman under
                            the command of Col William Christian.
    oct 1776 - dec 1776 - attacked cherokee towns, burned and destroyed crops

6 nov 1777 signed petition to the Va House of Delegates to divide part of

                   Washington co Va including the courthouse 12 miles from NC
          1778 In command of militia at Boonesbourgh Ky
            1781Lincoln co Ky - appt surveyor of county

21 dec 1792 appt Inspector of tobacco 9 dec 1795 Fayette co KY - appt Justice of the peace

aft rev war rec'd thousands of ac's of land in Ky for his Svs"s 6 dec 1798 - will written 11 oct 1819 will probated in Bath co KY

John South's Will, Book A, p. 246, Bath County, KY, named his children as Samuel, Weldon, William, Benjamin, John, Polly, Elizabeth and Sarah.

SOUTH'S WILL In the name of God Amen, I John South being of the County of Bourbon and Commonwealth of Kentucky being weak of body but of sound and mind and memory, blessed be the Almighty God for the same do make and publish this my last Will and Testament, In the manner and form following that is to say,

First, I give and bequeath to my dearly beloved wife Margaret One Hundred and fifty acres of Land it being the place whereon I now live being a part of my preemption together with all the Stock and household furniture I am now possessed of. To have and to hold the same during her natural life and at her decease the land returned to my Children herein after named and to be equally divided together with my Settlement and Preemption and also a preemption of four hundred acres obtained in the name of William Kelly adjoining my Settlement.

Second, I give and bequeath the above mentioned Lands to my beloved sons to-wit, Samuel South, Weldon South, William South and Benjamin South and to their heirs and assigns forever to be equally divided between them agreeable to quality and quantity.

Third, I give and bequeath to my beloved son John South the sum of Twenty Five Shillings, to my beloved daughter Polly twenty five Shillings, to my beloved daughter Elizabeth the sum of twenty five Shillings, to my beloved daughter Sarah Twenty Five Shillings.

Fourth, I give and bequeath unto my beloved sons William and Benjamin South the tract of land and farm lying and being in Madison County in Hind's Bent to be equally divided between them agreeably to quality and quantity.

Fifth, I give and bequeath after the decease of my wife all and every species of property and all the household furniture to my beloved son Benjamin South his heirs and assigns forever. I also appoint my beloved sons Samuel South and Benjamin South or either of them to convey by Deed or deeds agreeable to obligations given by Samuel South to William Woods and Joseph Milott out of a tract of land lying and being in Madison County on the waters of Silver Creek obtained in the name of Edward Harrod and lastly I do appoint my beloved wife Margaret Executrix and my beloved sons to-wit, John and Samuel South Executors of this my Last Will and Testament hereby revoking all former Wills by me made.

In witness whereof I have hereunto set my hand and seal this Sixth day of December, One Thousand Seven Hundred and Ninety Eight.

John South (Seal)

Signed, Sealed, Published and declared by the above John South to be his Last Will and Testament in the Presence of us who have hereunto subscribed our names as witnesses in the Presence of the Testator.

Samuel Mastin Mahlan Hall Ino Henry Bennigfield

The Commonwealth of Kentucky to two Justices of the Peace in and for the County of Montgomery you are hereby Commanded to go to the house of Henry Benninfield who seems to be a subscribing witness to the annexed instrument of writing and examined and take the proof of the Execution of said instrument and also examine said witness whether the said John South was or was not in his proper senses and of disposing and distinct mind and memory at the time of executing said instrument of writing and after examining said witness and receiving such proof as said witness on oath may be willing to make you will send and certify us of the same under your seals and return this writ together with the will hereto annexed on or before the next County Court.

Witness, William M. Sudduth, Clerk of our said Court. This 20th day of January, 1820, in the 28th year of the Commonwealth.

William M. Sudduth

At a court held for Bath County on the 11th day of October, 1819, The within and hereto annexed Instrument of Writing purporting to be the last will and testament of John South,{Linr Deceased)?} was produced and proven in a open court by the oath of Mahlan Hall a Witness thereto subscribed and ordered to be continued for further proof, And at a Court held for said County of Bathon the 10th day of January 1820, it appearing to the satisfaction of the court that Henry Bennigfield another subscribing witness to said will is aged and infirm so much so as to render him unable to attend this Court to prove the same, It was ordered that a Decinnus issue directed to two Justices of the Peace of Montgomery County attached to said will directing them to take such proof as said Bennigfield might be willing to make concerning the Execution of said Will and to a Court held for said County on the 10th day of July 1820.

The Decinnus and Deposition of the said Henry Bennigfield the subscribing witness to said will was returned in Open Court and thereupon it is ordered that the said will together with the dicinnus and deposition there to annexed be recorded and established Whereupon the same as truly recorded in my office as the law directs.

Att. William M. Sudduth, Clerk Bath County Court

MONTGOMERY COUNTY, SCT.

In obedience to an order of the County Court of Bath, we Daniel Woods and Alexander T. Collins, Justices of the Peace for said county met at the house of Henry Bennigfield and examined said Bennigfield on oath respecting the will of John South which will is hereto annexed and the said Bennigfield Saieth upon his oath that when said South executed the annexed will that he was in his proper senses and of disposing and distinct mind and memory and the said Bennigfield further states on oath that he is a subscribing witness to said will.

Given under our hands and seals this 14th day of January 1820.

Daniel Woods (Seal) Alex. Collins (Seal)

The will above has been copied from a photocopy of a typescript obtained from Lieut. John South's post 1958 Data file at the DAR on 5-23-94 which was certified with the following statement;

STATE OF KENTUCKY SCT. COUNTY OF BATH

I, C.W. Bristow, Clerk of the Bath County Court, certify that the foregoing is a true and correct copy of the Last Will and Testament of John South as the same appears of record in Will Book "A", Page 246, office of the clerk of the Bath County Court. obtained at the DAR library 5-23-94 from the Data file of Given under my hand this 18th day of January, 1936.

C. W. Bristow (signature) Clerk Bath County Court

By: Mrs C. W. Bristow (signature) Deputy Clerk

1793-1804 -Member of the Kentucky state legislature

will recorded will book 1 pg 246- 249 Bath co KY

1.   Susan Cavan (Bishop).
2. ↑ David South.