Transcript:Will of John Patterson, Written 19 April, 1748, Augusta County, VA

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Person:John Patterson (86)

John Patterson Records in Chalkley's Chronicles

Notes

The following persons are identified in John's will as members of his immediate family:

Agness, wife
John, presumed to be eldest son (mentioned first, and receives bulk of estate, but not of age at time of fathers death)
George, son
Agness, daughter

John's will was written 19 April, 1748, proven 18 May 1749. He references a lawsuit he has initiated against Benjamin Borden. Court records show this lawsuit to have been filed in May, 1748, and to have been abated by the plaintiffs death in August, 1748. This places John's death between May and August of 1748. His DOD is sometimes given as 18 May 1749, but this is the proof date of the probate record.

Other court records show that the lawsuit against Bordern also involved a William Hunter, and was over a parcel of land which Patterson said he purchased William Hunter but did not receive title. Of particular interest is the fact that Patterson is said to have purchased the land for his soninlaw who was coming from Pennsylvania. It is not clear whether this soninlaw was the husband of Agness, or married to another unnamed daughter in John's will. A "Sarah Patterson" is sometimes identified as a daughter of John Patterson and Agness, but the evidence for this is unknown. An important point to note is that in 1748 one of John's daughters (be she Agness, Sarah, or someone unknown) was old enough to have been married. That implies that John and wife Agness married by c1728, and probably before that. Since Patterson was present on the Ground when Borden first came to the area in 1737, it seems likely that his married daughter was then still in Pennsylvania, which in turn implies that John and Agness were married by 1717.

Last First Vol Page Date Extract Notes
2 273 1740 Page ___--Isaac Anderson, of Knox County, Tennessee, deposes, at Knoxville, 23d October, 1806. He knew Solomon Moffett when he lived on Moffett's Creek. One _____ [John] Patterson was agent for Borden, senior, from whom Solomon bought. Deponent moved into the neighborhood 65 years ago, and Solomon had bought before that time. ... John Patterson's wife [Agness] was near relative to deponent's uncle Lapsley. John (86), Borden's Agent
1 302 1740 MAY AND AUGUST, 1748....John Patterson vs. William Hunter and Benjamin Borden.--In 1740 plaintiff bought and settled on land from William Hunter in Borden's Survey, but got no deed. He expected to settle on the land a son-in-law whom he was expecting from Pennsylvania. Sues for a deed. May, 1748, abates by death of plaintiff. John (86), Borden's Agent

Transcript

In the Name of God Amen

  • I John Pattersson of Augusta County am Sick in body Yet in my perfect Senses thanks be to God that Gave it I give my soul to God that Gave it and my body to be interred in the Grave Yard that is hard by francis McCowns and a decent funeral to be such on -- according to the discretion of my Exrs. and I order that my Debts Should be paid
  • I order and bequeath to my well beloved Wife, Agness two of the beef Cows that I have and the Mare that they call Bess and
  • I order that if the money be got from Mr. Burden that my Wife Agness Should have as much of the forepart as Will buy a Servant and
  • I order that my Wife Agness shall have my plantation untill my Son John comes to Age and
  • I order that she shall make him as good an English Scholar as his Ability will afford and
  • Agness to read the Bible and them to be kept free of all Cost untill the[y] come to age and twenty pounds of that Money that Mr. Burden due to me with her sadle bridle & bed and clothes.
  • Item I order that my Son John Shall have forty pounds of that Money Mr. Burden is due to me the red Cow and a year old heifer and one half o f the sheep and the Roan Mare and Colt and the colt that McCord is to bring with the plow and tacklings and all Utensils that is about the house belonging to the farm
  • Item I order that my Daughter Agness shall have twenty pounds of that Money that Mr. Borden is due to me with a red Cow and a black heifer with two Mares and the other half of the sheep is to be devided between her and her Mother
  • with all the puter and potts, the bed and bed Cloathes is to be divided between her and her brother and
  • three pound to be left to my Wife Agness of that Money that John Wilson is owed me,
  • and the remainder to be left to my Son John & my Daughter Agness and that Seven pound be laid out to the best advantage that my Exrs. see fit.
  • Item I bequeath to my Son George ten pounds of that Money thats Money that Mr. Burdens is due to me together with all my body Clothes
  • Item I order that John Groom Shall ahve ten pound of that Money that Mr. Bordens due to me.
  • Item I order that Col. Patton Should take care that Mr. Borden Should not wrong my Wife and Children conerning this Law suit and
  • this is my last will and Testament
  • And I order that francis McCown and my wife Agness Should [page 159] be my whole and Sole Exrs. and no other
  • And that all my debts Should be paid according So everyones part paying equally.
Given under my hand and Seal this Nineteenth day of April in ye Year of our Lord God One thousand Seven hundred and forty eight 1748.
Signed & Sealed in the presence of us
francis McCown his [mark]
Robert Gamell
John X Pattersson
John Betty mark
At a Court convened and held for Augusta County the 18th day of May 1749 The last will & Testament of John Pattersson -- being produced into Court by Agnis Pattersson was not proved because one Except francis McCown who was together with sd Agnis appointed Exrs. of ye sd Deceased was in ye Country Wherefore on ye Motion of ye sd Agnis She having taken ye oath accord ing to Law and performed what is ---- ---- --- Administration with the will Agnes is granted hereunto form