Thursday, July 2, 2020

Rejected Will of Susan Boaz 1881


A number of years ago a short, handwritten will of Susan/Sousan Boaz was found in the Crittenden County Clerk’s Office. On the back of the will was the notation “Rejected” and signed by D. Woods, Clerk. Why was the will rejected?  I knew that a will must meet the state requirements regarding age, mental capacity, and signed  by writing his name or making his mark in front of witnesses. If the will failed to meet these requirements, it was usually rejected through the county court. If, however, it was contested by heirs or other legatees, a law suit could be filed and that usually was begun in circuit court.  

No entry regarding Susan Boaz was found in circuit court order books. In County Court Order Book 6 (1877-1881), page 538, under the date of 5 August 1881, G.L. Boaz presented in open court an instrument of writing “purporting to be the last will & testament” of Susan Boaz.  The case was continued to next term of court. The will was again produced and evidence introduced by “interested parties & heirs of the decedent pro & con” on 12 September 1881 (Order Book 6, p. 546).  The instrument of writing purporting to be the last will & testament of Susan Boaz was rejected, no reason being given.

On page 546 of County Court Order Book 6, G.L. Boaz was appointed administrator of Susan Boaz dec’d, “she having departed this life in said County on the [blank] day of [blank] 1881.” G.L. Boaz took the required oath with Sol Boaz as his surety. S.C. Bennett, John Crouch and J.A. Yandell were appointed appraisers of the personal estate of the decedent. As the will was rejected, the process of settling her estate proceeded as if she has never written a will. Unfortunately, we found nothing that indicated the reason her will was rejected. We know she met at least two of the requirements: age over 18 (she had adult children so was certainly over the age 18)) and her handwritten was signed with her mark and two persons witnessed the will. Susan’s will does not contain the customary claim of “being of sound mind," but we do not know if she was or not.  The will of her husband, John Boaz, can be found in Crittenden County Will Book 1, p. 170, recorded 27 Nov 1877, but gave no clues to why his widow’s will would be rejected.

For now we can only wonder why Susan’s will was rejected and look for more information.  Susan Boaz (11 Aug 1795 – 2 July 1881) is buried in Caldwell Spring Cemetery, Crittenden County, according to Find A Grave Memorial #65425605.




      Click on document for an enlarged view of  the rejected will of Susan Boaz       

“State of Kentucky

I, Sousan Boaz of the county of Crittenden, in the Eighty Fourth year of my age and reasonable good health do on this the fifteenth day of August Eighteen hundred and Seventy Eight make this my last will and testament as follows, Viz,  First, I will [illegible] to my Grandaughter Ana Bell Boaz my large Bedd & Bedding and my small Beauro to my son John D. Boaz.   2nd  one large Beauro to Dreaucila Johnson and one county pin and one straw bed [illegible]    3d  the rest of my household & Kitchen furniture to [be] equally divided between my children as named herein. Mary Wilborn, John D. Boaz, Soloman Boaz, Belas Boaz and Dru Johnston.   4th: I have this day on hand Sixty Five Dollars and at my death what remains on hand to be equaly divided between John D. Boaz, Belus Boaz, & K.T. Martin and Mary Wilborn.   5th My farm containing one hundred acres to be equally divided between Mary Wilborn, Belus Boaz, John D. Boaz, Drucilla Johnson, Solloman Boaz, K.T. Martin & G.L. Boaz.

Witness my hand this 15th day of August 1878
                                                Susan (X her mark) Boaz

Witness:   S.C. Bennett
                A.S. Threlkeld

Published 2 July 2020, Western Kentucky Genealogy Blog,  http://wkygenealogy.blogspot.com/

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