Submitted and Transcribed by Wanda Harrell Stalnaker,Jacksonville, FL Email:JIMOSTALNA@aol.com Heirs, Names and Places contained in the will of Col. Robert Love: Founder of Waynesville, North Carolina Born: 1760, Tinkling Spring, Augusta Co., VA Died: 17 July 1845, Waynesville, Haywood Co., NC Buried: Green Hill Cemetery, Waynesville, NC Children: Thomas Dillard Love (1784-1832); William Calhoun Love (1794-1838); Dillard Love (1789-1872); John Bell Love (1791-1873); James Robert Love (1798-1863); Anna Love 'Gudger' ; Winnifred Sophia Love 'Moore' 'Miller' (1796-1873); Dorcas Bell Love Henry (1797-1857); Mary Ann (Polley) Love 'Welch' (1805-1865); Sarah Bell (Sally) Love 'McBee' (1802-1870); Rebecca Love 'Patton' (1807-1831) Another Daughter: Martha Webb Love 'Welch' (1799-1819) is not mentioned in the will. Grandchildren: James Henry; John Patton; Mary E. Louisa Love 'Johnston'; Robert C. Love Others Names Mentioned: John Fergres; J. Evans; Jefferson Sitton; William Johnston; James King; Banister Lurmens; S. Fitzgerald; John Strother; N. Edmonston Slaves: Andrew; Vince Welch Places: Burt Cabbin; Protee Bottom Place; Cowan Tract; Richland Creek; Scott's Creek; Powell's Branch; Madison County in the Western District of Tennessee; Dogwood Corners; Washington County, TN; Western District of TN; Meeting House Tract; Smith Shop; Jail; Love's Mills; Pigeon River; Old Road; New Road The name of the Love home was 'LOVE SPECULATION'. It was set ablaze, along with the jail in Waynesville, in Union raid on Waynesville under the command of Col. Geo. W. Kirk, 3rd NC Mounted Infantry, in late February, or early March, of 1865. THE WILL OF COLONEL ROBERT LOVE In the name of God Amen... I Robert Love of the town of Waynesville in the County of Haywood in the State of North Carolina, being at this time reasonable and in sound and disposing mind and memory thanks be to the giver of all blefsing, for his kind and tender mercies to me. But calling to mind the mortality of my body, and believing that it is right and necefsary for all men, as the good old Book Saith. To their house hold and all this worldy concerns in order at a time when they are the most capable, and now under this conviction I do make ordain and publish, this & this only to be my will and testament in manner & form following, that is to say first - I give my sould to Almight God who first gave it to me. And my body to the Earth to be decently buried, and as to my worldly Estate I bequeath it in the following manner (to wit) First I give devise and bequeath to the children of my oldest son, Thomas D. Love, now deceased, and to their heirs, and to Dillard Love, my third son, and his heirs, all the lands which I own in the County of Washington in the State of Tennefsee to be equally divided between the heirs of the said Thomas D. Love, deceased, and the said Dillard Love or his heirs. I give bequeath and devise to Robert C. Love and his heirs one tract of land on Scotts Creek where John Fergres formerly lived and to Mary E. Louisa Johnston one hundred acres of land to include the Burt Cabbin to include the improvements and to be run altogether on the north side of the road provided always that said Mary E. Louisa Johnston doth die without any ifsue that may live ten years there and that case, the said one hundred acres to descend and be divided as my other property. I, give and bequeath and devise to my son, John B. Love, the tract of two hundred acres of land where he is now living and also the tract of land joining below; Known as the Cowan tract where my Negroes are living and also any interest I might have in any lands purchased when the partnership as to merchandising existed in which he was a partner. I give bequeath and devise to the heirs of son, William C. Love, now deceased, a tract of land near where he lived in Madison County in the Western District of Tennefsee near or joining where he lived known as Dogwood Corner to such of his heirs as may live to have ifsue. I give devise and bequeath to my son, James R. Love, the tract of land where he is now living and to be butted and bounded as follows (to wit) Beginning on the South Band of Richland Creek at a bunch of laurels a short distance above my mills there running up said Creek with the meanders thereof to the line of the Meeting house tract at the old Road Thence with the new Road to the line of the Jail and Town corner. And then on thence same course until a line agreeable to the Town Lots. Will leave Smith Shop four poles to the Sourth West, there to be continued the course of Town Lots until it strikes the Small Creek at the foot of the hill, Thence up said Creek to a maple tree corner to land belonging to William Johnston Thence with the line of said Land to its North East corner near a branch, Thence with its other line to its South East corner and then till it strikes the sourth boundary of a tract of land conveyed to me by John Strother, and then on that line and the line of a tract of land that formerly was James Kings, and there a long, Banister Lurmens to a white oak corner, Thence with its other line to Richland Creek and then with meanders of the same to the beginning at the bunch of Laurels above the mill. I give and bequeath to my Grandson, John Patton, the son of my deceased daughter, Rebecca, a tract of land on Pigeon River at the mouth of Richland Creek and the same where my old Negro Andrew is now living, and to the heirs of his body lawfully begotten but in case he should die withouth any lawful issue I then direct that it be equally divided among all my heirs. Further I give and bequeath to the said John Patton if he lives to have lawful issue two young Negroes between ten and fifteen years of age and to be a male and the other a female also a horse and saddle worth eighty Dollars also two cows and calves and two Feather Beds and furniture the above property to be delivered to the said John Patton when he marrys and is of full age and this all I intend for him to have of my property. I give and bequeath to my daughter, Anna Gudger, and to her heirs forever the Negroes and such other property as I may have given her soon after marriage and to her heirs forever. I give and bequeath to my daughter, Winney S. Miller, and her heirs forever Negroes as I may have heretofore possessed her of and Also all such other property as I may have possessed her of and to her and her heirs forever. I give and bequeath to my daughter, Dorcas Henry, such Negroes as I gave and possessed her of soon after marriage and all such stock and other property as I may pofsessed her of to her and her heirs forever. I give and bequeath to my daughter, Sally B. McBee, such Negroes as I gave soon after her marriage and also such other property as I may have pofsesed her of and to her and heirs forever. I give and bequeath to my daughter, Mary Ann Welch, such Negroes as I gave her after her marriage and also such other property as I may have pofsesed her of & to her and her heirs forever. It is hereby to be understood that the divide which I have made in the foregoing part of this will to Robert C. Love and to Louise M. E. Johnston pay to my executors if not paid before my death Eleven hundred and nine dollars first decuting ninety six dollars out of the same for the hire of Negro Vince Welch which leaves a balance of one thousand and thirteen dollars with interst on the same from the 10th day of October 1832. This appearing to be the sum which I paid toward their deceased fathers Estate further I direct theat the aforesaid su be paid to the heir of said Robert C. Love and the legal heirs of the said Louisa M. E. Johnston which may have come from her said body or otherwise to be paid to the legal heris of the said Robert C. Love and with lawful interest on same. And further I give and bequeath to my little Grandson, James Henry, son of my daughter, Dorcas, a Negro boy to be of his age. This I do account of his misfortune of his losing the sight of his left eye. Also I give and devise to my children hereafter named all my lands which I may own in the Western district of Tennefsee to be equally divided between them by lot (to wit) Anna Gudger, Sarah B. McBee, Mary Ann Welch, the heirs of Thomas D. Love, Dorcas B. Henry, Winney S. Miller, James R. Love, John B. Love, Dillard Love, and the heirs of William C. Love and such tracts as each has drawn for them on the 9th day of October 1838. They be still entitled to and as much of my other land in the said Western district as will make each their lots equal to James R. Love which appears to the Lots of the highest value the paper showing the different tract drawn for each one I direct to be considered now a part of my will. I also bequeath to my daughter, Dorcas Henry, the tract of land formerly occupied by N. Edmonston Known as the Protee Bottom place for her attention to me in my illnefs. I also will and bequeath to my daughter, Polley Welch, for the attention she has paid me all the lands lying and being in following boundary Beginning on a stake on the south to east side of the main road leading to Scotts Creek at an old house built by Jerfferson Sitton and keeping the road to S. Fitzgerald's line of his land whereon J Evans now lives and there turning and east corner with his line to Powells Branch to Welches line thence with his line to his stable lot. Thence with the town lots line to the beginning. It is also my Will and desire that if any of my heirs or legal legatees should be dissatisfied with this my will and should bring a suit or cause a suit bo be brought to destroy this my last will ad testament there and in that case the one or ones so offending shall foreit any share in my property which I may have allotted to them as an inheritance. I also appoint James R. Love, John B. Love, D. Love, James Gudger and William Welch Executors of this my last will. Given under my hadn and seal this 13 day of May 1843. R. Love (seal) Attest Wm. H. Thomas Wm. Allman I, J. Ratliff for the Clerk of the Superior Court of Haywood County, NC do hereby certify that the foregoing is a true copy of the will of R. Love deceas ed as appears from the records in my office given under my hand and seal of office this 5th day of October 1870. J. Ratliff for Clerk Superior Court Haywood County (Transcribed from a photocopy, of the original that is on file at the NC State Archives in Raleigh, NC, by Wanda Harrell Stalnaker, 4th greatchild of Col. Love) USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation.