The following will was transcribed by Jonathan Loppnow, May 2000. It may not be used in any manner to gain profit but may be freely copied for individual nonprofit use. This attribution should be left intact.

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Will Book F, starting on page 103, Scott County, Kentucky

The original will of James Parks was burned in a courthouse fire prior to 1838. In 1837 James Parks son, John Parks brought to the court a copy of the will:

"At a meeting of the Comm___ appointed by the Scott County Court (of Kentucky) to take depositions __ in __tation to burial records and papers of said court held at the courthouse in Georgetown upon the 20^th December 1837 pursuant to notice given agreeably (?) to the directions (?) of the order of the court present John Thompson, Tho. J. Shepard, George D. Brown and Alexander Cannon(?) Commissioners – When James F. Robinson, being duly sworn stated that at the March term of the Scott County Court 1837 John Parks placed in his hands as an atty at law the will of Jams Parks his father to have the same proven and recorded in that there were no witnesses to said will – that he offered the same to said court for probate. That Thos. H. Bradford and G.R. Smith were sworn as witnesses and stated that they were acquainted with the handwriting of James Parks and that said will both body and signature were all in the same handwriting of said Parks. Whereupon said will was admitted to record and ordered to be recorded and deposited with the clerk for record and the Executors, John Parks and Rice H. Parks, entered into bond and qualified as Executors of said will – The deponent further states that he read said will carefully more than once to enable him to advise the Executors as to their duty that according to his best recollection the paper now before him marked (A) is a true and exact copy of the said will of James Parks. Also indeed he is full satisfied and records it to be a copy in substance which paper is herewith filed and made part of this deposition.

J.F. Robertson

The deposition of G. Kerr Smith taken at the same time and place who being duly sworn deposeth and says – that himself and T.H. Bradford were called upon as witnesses before the Scott County Court as stated by James F. Robinson in his aforesaid deposition and did prove said will as by him stated to be in the handwriting of said James Parks that he read said will and recollects its contents substantially that the paper (A) referred to in foregoing deposition he has read and according to his recollection it is in substance a copy of said original will of James Parks by him proven as aforesaid.

G.K. Smith

Ben B. Ford being called on states that he is the clerk of the Scott County Court that at the March Court 1837 an Instrument of writing purporting to be the last will and testament of James Parks deceased was produced in court and proven and ordered to be recorded that he did himself record that instrument and recollects the contents of the will and believes the instrument of writing now produced before the Commissioners mared (A) is a true copy of said Instrument which was recorded and he further states that on the 9^th day of August 1837 the clerks office was destroyed by fire and in it was burnt the original will of said Parks together with the record.

Ben B. Ford, Clerk

The foregoing depositions of James F. Robinson, G.K. Smith and Ben B. Ford were taken subscribed and sworn to at the time and place as stated in the caption before the subscribers as Commissioners as before stated all of which with caption are hereby certified this 20^th December 1837

Att Ben B. Ford Clk Comm.

John Thompson

Thomas J. Shepherd

G.D. Brown

Alex Cannon (?)

In the name of God Amen. I James Parks of Scott County and state of Kentucky do make and ordain that my last will and testament 1^st I will that all my legal debts and funeral charges be paid out of my personal estate by my Executors, hereafter named. 2^nd I will that my wife Jane has a comfortable living off my plantation so long as she lives and all my negroes that I have not will away hereafter with as much of my personal estate as she chooses to take, not to exclude one third of the whole. 3^rd I will to John Parks the one half of my land for his paying the sums I hereafter direct and a negro boy named Lewis. 4^th I will to Rice H. Parks the other half of my land by his paying the sums I hereafter direct and a negro boy named Jack and one hundred dollars in cash for the services done on the place since he was twenty one years of age. 5^th I will Price R. Parks one negro boy named Henry and one hundred dollars in cash paid by John Parks and Rice H. Parks one year after my decease. 6^th I will to to James B. Parks one hundred dollars I cash paid one year after my death by John Parks and Rice H. Parks. 7^th I will to Harvey S. (?) Parks to get the money left him at his father’s death without interest but not charge for raising and schooling and to be kept free of charge for boarding and schooling until he is fourteen years paid by John and Rice and a horse that I have given him and if the said Harvey should live till he is twenty one years of age to receive one hundred dollars in cash paid by John and Rice and the horse that I have given the said harvey is to be put in the hands of John and Rice and delivered to said Harvey when he is eighteen years of age or his value. 8^th The balance of my estate is be divided between Polly Kinkaid’s heirs (Editor’s note: she died 1822), Ibby Keith (Ed. – Isabel Parks married Samuel Adkins Keith), Margaret Thomas, and Jane Oxley (Ed. – all his daughters) and no account to be taken of what each child has received heretofore. 9^th And all my negroes that may be to the ___(?) at my wife’s death is to be sold and the money divided between all my legatees. And for the settling (of) my business I appoint John Parks and Rice H. Parks my Executors. I authorize my executors to keep all my personal estate for twelve (?) months together and support the family out of the same if they see cause and it is here to be understood that John and Rice is (sic) to support their Mother and Harvey until he is 14 years of age. Signed in the Presence of

July 29^th, 1833

James Parks

Scott County Court January Court 1838

Satisfactory proof being made in open Court that the Record of and original will of James Parks deceased has been destroyed and an Instrument __ of writing purporting to be a copy of said will having been returned to Court and the Court having examined the same it is ordered to be recorded together with the testimony.

Att Ben B. Ford Clerk

Editor’s Note: Concerning Harvey S. Parks, presumed grandson of James Parks via a deceased son, likely Ebenezer Parks, born 12 August, 1800, KY. Died 11 April 1824, Scott Co. KY. He married Elizabeth Woodgate. In 1838 there is a receipt from "Elizabeth Parks, guardian of Harvey S. Parks) stating "Received of John and Rice H. Parks, executors of James Parks deceased one hundred and ninety five dollars 89 1/3 cents __ silver this 19^th day of January 1838". Elizabeth Woodgate Parks remarried to Ebenezer's brother Rice Hall Parks. (The biography of H.S. Parks, farmer of Georgetown, son of Ebenezer and Elizabeth born in 1823 – is available on http://www.geocities.com/jlopp.geo/hsparks.htm).

Will Book F, page 234

John and Rice H. Parks, Executors of James Parks deceased

1838. To the estate ___

March 1 – To Balance on Settlement

We find the Executors entitled to the following audits since the last settlement.

July 31 –

By Ibby Keith paid her 1. 403.31 ½

" M.M. Thomas (Ed. – Margaret Montgomery Thomas) 2. 403.31 ¼

" John R. Oxley (Ed. – widower of Jane M. Parks) guardian of his children 3. 403.31 ¼

John P. Kinkead atty for the H. of Polly Kinkead 4. 403.31 ¼

By this amount paid James R. Parks under the directions of the will and of that part of the estate left to the executors 5. 100.00

By this amount paid the guardian of Harvey S. Parks left him by the will and to be paid by the executors out of their part 6. 160.00

By this amount paid for the schooling of Harvey until 14 years of age. 350

We the undersigned Commissioners met at the Clerk’s office in Georgetown on Wednesday the 31^st July 1838 and settled with John and Rice H. Parks, sons of James Parks deceased. They produced receipts from the _________ _______ they had paid the whole balance on their _____ which are herewith filed. Also some legacies to be paid out of their proportion which has been done and the receipts are also herewith filed.

Ben B. Ford

James H. Mahoney Commissioners