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James Patton and Sarah Wilson

Replies: 3

Re: James Patton and Sarah Wilson

Posted: 13 Mar 2009 10:12PM GMT
Classification: Query
Surnames: Patton,Wilson
James was born in Ireland to John patton and Sarah Rogers according to a researcher ,now dead, from Ohio..

I have Sarah's dad as John...

Here are my notes:

5 20 1777, Augusta Co.,VA. court to privately examine Sarah ,Wife of James Patton.

I James Patton now in a declining State of health but of sound mind & memory do hereby make the following dispasition &
arrangement of the earthly goods which it has pleased the Almighty to put in my possession-- At my Death I wish my Debts to
be paid should there be any Secondly I give & bequeath unto my beloved wife Sarah Patton the entire contraul & use of my
Dwelling household & Kitchen Furniture for the joint benefit of my Family untill my Son William arrives to the age of twenty one
years-- & at that period should She require it She is at Liberty to take possession of one half the Dwelling house to remain hers
during her Natural life should She not marry She to have such Bedding & Furniture as she may choose out of my belonging to the
Estate during her life & to have a decent & sufficient maintainance with a horse saddle & Bridle subject to her controul
as long as she lives-- thirdly I give and bequeath unto my Sons, Mathew Patton & William Patton My Farm or plantation which I am
now possessed of to them & their heirs forever to be equally divided in Quality & value with the following exception that is
William is to own the Dwelling & all other houses attached to said Farm now except the Barn which is to be the joint property
of Both the Buildings is not be taken into the Estimate of Value & division & Williams half the land to be so laid off as to
attach those Buildings thereto. I also leave all my stock of every kind horses Cows sheep hogs &c & Farming Utensils of every
description to my said Sons Mathew & William except so much as may be necessary to pay debts of the Estate the said Mathew and
William to be Equally bound for the maintainance of there Mother during her life & there two Sisters that are now single Isabella
& Polly as long as the remain single or live with there Mother & when the arrive at the age of twenty one or when the Marry they
are each to receive from those Brothers jointly a horse saddle & Bridle Cows Bedding &c at least equeal to what those Sisters have
received that are Married already-- fourthly I leave unto my Son James Patton one hundred pounds to be paid in Cash by my two Sons
Mathew & William by instalments of twenty pounds per year the first payment to be made twelve months after my Death & so on
twenty pounds per year thereafter untill it is all paid the said Mathew & William to pay my son John Patton the amount of a Debt
that I now owe him when William arrives to the age of twenty one years- Fifthly I do hereby nominate constitute & Appoint my Son
John Patton & David Willson my Executors for the entire settlement of this my Estate & do hereby declare null and Void
all wills or instuments of writing which I may have made pryor to this date. Given under my hand and Seal this twenty first day of
July One thousand eight hundred & twelve 1812
James Patton
Witness present
Andrew Scott
John Templeton
Nathan'l Willson

At Rockbridge County Court April 4th 1814
The last Will and Testament of James Patton decd was produced in Court by John Patton one of the Executors therein
named & proved by the Oath of Andrew Scott one of the Witnesses thereto and continued for farther proof
A Copy
Attest
Aw Reid CRC

And at Rockbridge County Court August 3rd 1814
The last Will and testament of James Patton Decd having been produced in Court and partly proven was again produced in
Court and farther proved by the oath of John Templeton a second witness thereto & ordered to be recorded
A Copy
Attest
Aw Reid CRC


In the name of God amen, I sarah Patton of the County of Rockbridge and state of Virginia being aged and infirm, but of
sound mind and memory, and with a view of affectually preventing any controversy or litigation about my small estate after my
death, Do hereby make and ordain this as my last will & testament hereby revoking all other wills by me heretofore made.
Whereas heretofore viz. on the 22nd day of August 1838, I did by deed in writing convey to my son in law George Ireland,
and my Grandson William MDowell three female slaves (together with their future increase) viz. Maria, Esther & Rachel. I do now
further confirm sd. Deed, hereby giving to the sd. George Ireland & William McDowell in Equal proportions sd slaves with all their
future increase, to them their heirs & assigns forever.
I further give unto the sd. George Ireland & William MDowell in Equal proportions all the residue of my Estate both real &
personal of whatever it may consist, after the payment of all my Just debts, to them the sd. George Ireland & William McDowell,
their heirs & assigns forever.
I do further by these presents constitute and appoint the sd. George Ireland & William MDowell Executors of this my last
will and testament. In testimony whereof I have set my hand & Seal this [blank] day of [blank] in the year 1838.

Sarah Patton her X mark
Signed sealed and acknowledged
as the last Will & Testament of
Sarah Patton in our presence
who requested us to subscribe
the same as witnesses-
The word Grandson on first page
12th line & the words & William
MDowell on 2nd- 2nd line
interlined before signed.
Teste
John M Wilson
Henry MCormick
At Rockbridge Circuit Superior Court of Law & Chancery September 16 1841
A Writing purporting to be the last will and testament of Sarah Patton deceased, dated the [blank] day of [blank] 1838, was
produced in Court by George Ireland and William MDowell the executors therein named in order to be proved, and on the motion
of the said Ireland & MDowell, it is ordered that summons's issue according to law against James Patton, John M Ireland & Isabella
his wife, Phebe Ireland, Elizabeth Wilson, Eveline Wasson, Mary Wasson, Margaret Wasson, Frances T Patton Susan J Patton, & Eliza
Ann Patton, persons resident in this Commonwealth, interested in the question of the Probat thereof, requiring them to appear here
on the first day of the next term, to show cause if any there be, why the said will or testament should not be admitted to record.
And it appearing to the satisfaction of the Court that Matthew T Jamison & Nancy his wife, James P MDowell, John R Delany &
Margaret his wife, John MDowell, William B Logan & Elizabeth his wife, John Wasson, James Wasson, Martha Wasson, and Mary Taylor
persons interested in the question the probat of said Will, have no known place of residency within this Commonwealth, it is
ordered that they appear here on the first day of the next April term, to show cause if any there be why the said Will or
testament should not be admitted to record, and that a copy of this order be inserted in the Lexington Gazette a newspaper
published in the Town of Lexington for eight weeks successively.
And At said Court April 16th 1842.
This day came the Plaintiffs by their Attorney, and it appearing to the Court, that the home defendants have been duly
summoned, and that the absent Defendants have been duly notified by publication according to law, on the motion of the said
Plaintiffs- Samuel MD Reid Clerk of this Court is assigned as guardian to Susan J Patton & Eliza Ann Patton infant defendants
to defend them in this proceeding and the cause is continued till Monday next.
And at said Court continued by adjournment & held for said County, the 20th day of April 1842. On the motion of the
Plaintiffs to admit to Probat as and for the last will and testament of Sarah Patton deceased, a certain paper writing
purporting to be such last will and testament bearing date the [blank] day of [blank] 1838, attested by John M Wilson and Henry
MCormick, and the defendants having been summoned or notified by publication according to the act of assembly passed the 24th
March 1838 and a guardian ad litem having been appointed for the infant defendants Susan J. and Eliza Ann Patton at a former day
of this Court. Came the defendants, James Patton, John M Ireland & Isabella his wife, Elizabeth Wilson, Eveline Wasson, Mary
Wasson, Margaret Wasson, Matthew T. Jamison & Nancy his wife, James P MDowell, John R Delany & Margaret his wife, John MDowell,
William B Logan & Elizabeth his wife, John Wasson James Wasson, Martha Wasson, and Mary Taylor by their attorney and opposed the
probat of said Will- and the Plaintiffs requiring an issue, devisavit vel non, it is ordered that an Issue be made up and
tried by a Jury at the bar of this Court to ascertain whether the said Sarah Patton died testate or intestate, and if the former,
whether the said testamentary paper is her true last will and testament.
And at said Court continued by adjournment & held for said County of Rockbridge the 21st day of April 1842.
On the motion of the Plaintiffs and for reasons appearing to the Court, it is ordered that this motion be continued until the
next term at the Costs of the said Plaintiffs, and on further motion of the Plaintiffs, and for reasons appearing to the Court,
a commission is awarded them to examine and take the deposition of John M Wilson one of the witnesses attesting said will- de
bene esse, the said Plaintiffs giving the defendants reasonable notice of the time and place of executing the said Commission.
And at said Court continued by adjournment and held for said County the 19th day of September 1842.
This day came again the parties by their attornies and thereupon came a jury to wit, James Hamilton, Robert Armstrong,
John Tolley, George Murot [?], James Wilson (of Jos) Philip Hull, Samuel G Ballard, Alexander Shaver, John Clemer, James Wilson (of
Jas) James Kennet and Jesse Davis, who being elected tried and sworn well and truly to ascertain whether the said Sarah Patton
died testate or intestate, and if the former, whether the testamentary paper produced by the Plaintiffs and filed in this
cause is the true last will and testament of the said decedant, and having partly heard the evidence by consent of the parties,
with the assent of the Court were adjourned until to morrow morning at ten oclock
And at said Court continued and held for said County September 20th 1842.
This day came again the parties by their attornies, and the Jury sworn on yesterday and adjourned until to day appeared in
Court according to their adjournment, and having further heard the evidence by Consent of the parties with the assent of the
Court were adjourned until to morrow morning at ten oclock.
And at said Court continued by adjournment and held for said County, September 21st 1842.
This day came again the parties by their attornies and the Jury sworn in this Cause appeared in Court according to their
adjournment and having fully heard the evidence, returned a Verdict in these words to wit; "We the Jury find that Sarah
Patton deceased died testate, and that the paper writing filed by the plaintiffs in this cause purporting to be the last Will and
testament of Sarah Patton deceased, bearing date the [blank] day of [blank] in the year 1838, and attested by John M Wilson and
Henry McCormick is the last will and testament of the said Sarah Patton deceased." Therefore it is considered by the Court that
the said Writing of the [blank] day of [blank] 1838, is the last will and testament of the said Sarah Patton deceased, and as such
it is ordered to be recorded. And that the Plaintiffs recover against the defendants their Costs by them in this behalf
expended, and the said defendants in mercy &c.
And at said Court continued by adjournment and held for said County September 23d 1842 The last Will and testament of Sarah
Patton deceased, having been duly admitted to record, on the motion of George Ireland, one of the executors named in said
will, who made oath thereto, and together with Henry MCormick (who Justified) as his security entered into and acknowledged a
bond in the penalty of sixteen hundred dollars, according to law, certificate is granted him to obtain a Probat of said Will in due
form of law: and leave is reserved to the other executor to give bond and qualify hereafter.

SubjectAuthorDate Posted
nancykauth 11 Mar 2009 11:35PM GMT 
HerbGayheart3... 14 Mar 2009 4:12AM GMT 
lamb1936 14 Mar 2009 10:32PM GMT 
HerbGayheart3... 14 Mar 2009 11:14PM GMT 
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