John Whitaker of Shelby County wrote his will there on 13 Feb 1797. It was probated the following March. In it, besides his other bequests, he stated "the remainder of a certain tract of land lying on the north side of Buffalo road, the place whereon I once lived in Nelson County, to be equally divided among the whole of my children at the decease of my self." [Shelby County Will Book 1, Page 38-41.]
This was a tract John Green Jr. had surveyed for him on 21 Jan 1783, as shown on another page. Apparently John Whitaker had lived on this site while it was still a part of Nelson County, and before he moved to Shelby County. Now he was willing it to his living children. However, the land was not sold until 2 Mar 1808, when James Thompson of Bullitt County purchased it, as shown in the deed transcribed below.
Bullitt County Deed Book B, Pages 177-179
This indenture made the 2nd day of March and the year of our Lord 1808 between Charles and Sally his wife, Abraham and Susan his wife, Elijah and Sally his wife, Aquilla and Ruah his wife, and Isaac Whitaker and Ruenah his wife of the county of Shelby and Commonwealth of Kentucky of the one part and James Thompson of the County of Bullitt and Commonwealth aforesaid of the other part, Witnesseth that the said Charles and Sally, Abraham and Susan, Elijah and Sally, and Isaac and Ruenah as heirs and devises of John Whitaker deceased for and in consideration of the sum of one dollar current money of the United States of America to them in hand paid before the sealing and delivery thereof the receipt whereof is hereby acknowledged, have given, granted, bargained and sold and by these presents do give, grant, bargain and sell, alien, release, convey, and confirm unto the said James Thompson, his heirs and assigns forever, a certain tract or parcel of land situate lying and being in the County of Bullitt on the south side of Cedar Creek, a south branch of Salt River, containing 300 acres and bounded as follows, to wit. Beginning at a poplar on the north side of a buffalo road extending thence North 45° East 126 1/2 poles crossing a branch of Cedar Creek to a sugar tree and white oak, thence North 45° West 379 1/2 poles crossing the said creek three times to an ash and hackberry sapling on the south side of Cedar Creek, thence South 45° West 126 1/2 poles crossing a drain to a honey locust and white oak the side of a hill thence to the beginning, patented to the said John Whitaker by patent bearing date the 29th day of August 1788. To have and to hold the said tract or parcel of land with all the appurtenances thereunto belonging unto the said James Thompson, his heirs and assigns, to his and their only proper use and benefit and behoof forever and the said heirs of John Whitaker deceased and their wives do for themselves, their heirs, executors and administrators covenanted, promised and agreed to and with the said James Thompson, his heirs, executors, administrators and assigns that they will forever warrant and defend the said tract or parcel of land with all and singular the appurtenances unto the said James Thompson his heirs, executors, administrators and assigns against them the said heirs and devises and the claim or claims of all and every person or persons whatsoever, provided nevertheless and it is clearly to be understood that the said heirs and devises are to be responsible upon this indenture only as heirs and devises according to the estate received by them by divise or descent. In witness whereof the said heirs and devises have hereto set their hands and affixed their seals the day and year first above written.
Signed, sealing and delivered in the presence of Teste, O. R. Powell, Isaac Ellis, John Taylor, Reason Howard.
Charles (his X mark) Whitaker,
Sally (her X mark) Whitaker,
Abraham (his X mark) Whitaker,
Susanna (her X mark) Whitaker,
Agl Whitaker by James S. Whitaker, attorney in fact,
Elijah (his X mark) Whitaker,
Sally (her X mark) Whitaker,
Ruenah (her X mark) Whitaker.
(Remainder not transcribed.)
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