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Col. John Patton, of Buncombe Co., NC
Facts and Events
Will Transcript
- Will Docket to April Sessions 1831 [Note: come spelling corrections noted]
- At a Court of Pleas and Quarter Sessions opened and held for the County of Buncombe in the State of North Carolina at the Court house in Asheville on the third Monday after the forth Monday in March Anno Domini one Thousand eight hundred and thirty one. Be it remembered that the following instrument purporting to be Last wills and testaments were duly proved in open Court and ordered to be Recorded (viz)
- 1st John Pattons last Will and Testament
- In the name of God amen. John Patton calling to mind the uncertainty of life and certainty of death and being of sound mind and disposing memory, do make ordain and establish this my last will and testament, in manner and form following that is to say
- First I will and bequeath unto my beloved wife Ann Patton one negro woman named Deady and her increase to be the property of the said Ann Patton for and her assigns for ever.
- 2nd I will and bequeath unto my beloved wife Ann Patton one negro Boy named Will, his wife Celia and all their increase, the tract of land on which I now live, all the house-hold and Kichin [sic] furniture of every Kind (except those feather beds, beadsteads and furniture), four cows and calves, her choice out of my whole stock, two horse beasts ___ of the stock at my decease, one waggon and gars [sic] and all the ____ utensils of every kind, all the corn and provisions of every ___ which may be on the Plantation at the time of my decease during her natural life.
- 3rd I will and bequeath unto my daughter Elizabeth McClachy all the property heretofore given to her by me and now in here possession valued by me to twelve hundred dollars, and one shear [share] of sock with the Buncombe Turnpike Company.
- 4th I will and bequeath unto my daughter Hannah McKee all the property of every kind heretofore given to her by me and now in her possession to be valued at twelve hundred dollars, and one Shear [Share] of Stock in the Buncombe Turnpike Company.
- 5thly I will and bequeath unto my daughter Sarah Jarett all the property of every kind heretofore given to her by me and now in her possession valued by me to one thousand dollars, and one Shear [Share] in the Buncombe Turnpike Company.
- 6thly I will and bequeath unto my son Malory B. Patton all the land and property of every kind heretofore given to him by me, including one share in the Buncombe Turnpike Company, valued by me to three thousand dollars.
- 7thly I will and bequeath unto my daughter Polly Smith all the property of every kind heretofore given to her by me and now in [her possession] valued by me to one thousand dollars and one Shear [Share] of Stock in the Buncombe Turnpike Company.
- 8thly I will and bequeath unto my son Robert H. Patton all the property of every kind heretofore given to him by me, and now in his possession including one Shear [Share] in the Buncombe Turnpike Company valued by me as three thousand dollars.
- 9thly I will and bequeath unto my daughter Harriet D. Siler all all [sic] the property heretofore given to her by me and now in her possession valued by me at one thousand dollars and one Shear [Share] in the Buncombe Turnpike Company.
- 10thly I will and bequeath unto my Sons Fidelis Patton and Montravelle Patton, the tract of land on which I now live and all the land Joining and contiguous thereto Six tracts and also two tracts of land on Frenchbroad River Joining each other, and known by the name of the Mattochs place to be equally divided between them and should they not agree upon the division of the said land, then my will is my Son Montroville choose three men to make an Equitable and fair division of the same taking into consideration the quality as well as quantity and after it is so divided my son Fidelis shall have choice of lots. And after the decease of my wife Ann Patton I will and bequeath unto my sons Fidelis and Montraville Patton all the farming utensils of every kind, to be divided in the manner above directed.
- 11th I will and bequeath unto my Son Fidelis Patton four Negroes & to wit, Sam, Hulda Sams wife, Capa and Bila Dick's wife - one featherbed, bed steed and furniture, five cows and calves his choice out of my Stock after the selection heretofore mentioned made by my wife Ann Patton, and after the death of my wife Ann Patton one table his choice of those about the house, Six chairs and my cluck and case and one Share of Stock in the Buncombe Turnpike company.
- 12th I will and bequeath unto my daughter Lucinda Roberts all the property
heretofore given of every kind heretofore given to her by me and now in her possession valued by me to one thousand dollars (exclusive of two hundred dollars in the valuation of a negro boy Jim who was taken given in consideration of the board? and instruction of my son Montraville during the time he has or may remain with Joshua Roberts studying his profession and therefore not to be taken into the estimation of her portion, and one sheare [share] of Stock in the Buncombe Turnpike Company.
- 13th. I will and bequeath unto my son Lorenzo D. Patton the tract of land known by the name of the Cash place, and all the land joining thereto being three tracts in all and supposed to contain three hundred and twenty acres valued at fifteen hundred dollars, one tract of land on the East side of Frenchbroad River at the mouth of Roberts branch below the mouth of Flat Creek valued at four hundred dollars three tracts of land lying on Avery's Creek contiguous to each other and supposed to contain seven hundred acres valued at five hundred dollars three negroes, to wit, Jeff, Clary, and Acquilla valued at nine hundred dollars, five cows and calves, one feather bed, bedstead and furniture and one share in the Buncombe Turnpike Company, and after the death of my beloved wife Ann Patton Six Chairs, the disle?, book can and table and the new bome? cupboard.
- 14th I will and bequeath unto my son Montreville Patton one horse bridle, and saddle to be worth one hundred dollars, one feather bead, bedsteed and furniture, five cows and calved, three negroes named Harry, Campbell, and Martha and one share in the Buncombe Turn Pike Company and after the death of my wife Ann Patton one table, Six chairs and my side board.
- 15th I will and bequeath unto my daughter Ann A. Gillilan [
Patton] all the property heretofore given to her by me and now in her possession valued by me at one thousand dollars and one shear [share] in the Buncombe Turn Pike Company.
- 16th My will is that at my death my negro man Dick be emancipated and set at liberty he having performed many meritorious services and that my Son Fidelis suffer? him to settle on any part of the use cultivated land, hereinbefore bequeathed to him and that he have liberty to clear and cultivate as much of said land as he chooses during his natural life free from any charges or claim of the said Fidilis of any person claiming under him, and should the laws of the State at the time of my decease be such as to prevent the said Negro man Dick from being set free my will is that he be the property of my son Fedilis Patton.
- 17th I will and bequeathe that all the rest of my property of every kind not herein specifically devised by sold by my Executors on a credit of twelve months and that the procedes of the sale after paying all my Just debt at the time of my decease be divided amongst my seven daughters (to wit, Elizabeth McClachy, Hannah McKee, Sarah Jerritt, Polly Smith, Harriet D. Siler, Lucinda Roberts and Ann A. Gillilan or the heirs of their bodies should any of them be dead before my decease in such manner as to make the Portion of each one equeal taking into consideration the amount of already recvd? by each at the value herinbefore set on it my me, and at the death of my wife it is my will that all of the personal property hereinbefore bequeathed to her during her natural life and not specifically bequeathed after her death be sold by my Executors at public Sale on a credit of twelve months and that each of my sons receive? one hundred dollars of the proceeds of said sale and that the Balanc[e] of the money arising from said sale be divided amongst my seven daughters above mentioned named in the manner before mentioned.
- I do hereby constitute and appoint Fidelis Patton and Joshua Roberts Executors of this my last will and testiment, hereby revoking all former wills by me made. In witness whereof I have hereunto Set my hand and Seal this 18th day of April 1827.
- [Signed] John Patton [Seal]
- Witness:
- James Patton
- Fidelis Patton
- Samuel Patton [His X Mark]
- Was duly proved in open court by the oath of Samuel Patton a subscribing witness thereto and ordered to be Recorded. Joshua Roberts and Fidelis Patton the Executors therein named came in open Court and were duly sworn as such.
Image Gallery
References
- ↑ 1.0 1.1 Ancestry.com. Public Member Trees: (Note: not considered a reliable primary source).
- Find A Grave.
Col John Patton Birth 4 Apr 1765 Virginia, USA Death 17 Mar 1831 (aged 65) Asheville, Buncombe County, North Carolina, USA Burial Newton Academy Cemetery Asheville, Buncombe County, North Carolina, USA
Husband of Ann Nancy Mallory, and father of twelve children.
https://www.findagrave.com/memorial/17964804/john-patton
- United States. 1790 U.S. Census Population Schedule. (National Archives Microfilm Publication M637).
Name John Patton Home in 1790 (City, County, State) Rowan, North Carolina Free White Persons - Males - 16 and over 2 Free White Persons - Males - Under 16 2 Free White Persons - Females 3 Number of Slaves 1 Number of Household Members 8
- United States. 1810 U.S. Census Population Schedule. (National Archives Microfilm Publication M252).
Name Col. John Patton Residence Date 6 Aug 1810 Residence Place Buncombe, North Carolina, USA Free White Persons - Males - Under 10 4 Free White Persons - Males - 10 thru 15 2 Free White Persons - Males - 16 thru 25 3 Free White Persons - Males - 45 and over 1 [b. 1765 and before] Free White Persons - Females - Under 10 2 Free White Persons - Females - 10 thru 15 1 Free White Persons - Females - 16 thru 25 1 Free White Persons - Females - 26 thru 44 1 [b. bet. 1766-1784] Number of Enslaved Persons 22 Number of Household Members Under 16 9 Number of Household Members Over 25 2 Number of Household Members 37
- North Carolina, U.S., Historical Records Survey, Cemetery Inscription Card Index, 1700-2018.
Name John Patton Age 65 Birth Date 4 Apr 1765 Burial Date 17 Mar 1834 Cemetery Newton Acadamy Burial Place Asheville, Buncombe, N C
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