Orange County NcArchives Wills.....Patton, John January 7, 1799 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume C, pages 128-129 Written: January 7, 1799 Recorded: Feb 1799 Testator: John Patton In the Name of God Amen -------------------- I John Patton being in perfect mind and memory but being in a low state of health, & calling to mind that it is appointed for all men to die, Do Make and Constitute this my last will and testament in manner and form following: that is to Say, in the first place I Give and bequeath my soul to God who Give it with a Sure and Certain hope of a Resurrec =tion at the last Day. I Recommend my body to be by my Executors to be[sic] buried in a Decent manner and after paying that expense and all my other Just Debts I Give and bequeath to my Son William four hundred acres of land Including the plantation I now live on likewise I allow my Son William to Maintain my wife as long as She lives and I Give and bequeath to my son John two hundred Acres of land Joining to my son William. If he chuse to live on it and If not the land is to be my son Williams, and I Give and bequeath to my Daughter Jean two hundred acres of land lying Joining to Johns Part, and likewise I give and bequeath to my Daughter Mary tw[o] hundred Acres of land which Includes all my land and I allow all my moveable ["propety" x-out] property to be Sold by my Executor and Equally Divided among my two Sons and two Daughters [page 2] I Give and bequeath to my son William the Bound girl ---------------------------- I now appoint Matthew Patton my Executor of this my last will and testament & I hereby Revoke all other will or wills whatever --- In witness whereof I have hereto set my hand and seal this Seventh Day of January the year of our lord one thousand seven hundred and ninety nine Witness present John Patton (seal) Joseph Clendenin } } Jurat John McDaniel } Orange County February Term 1799 The Execution of the foregoing Will was duly proved in open Court by the Oaths of Joseph Clendenin & John McDaniel the subscribing Witnesses thereto & ordered to be recorded -- At the same time Matthew Patton the Executor named in the Will being in Court refuses to take upon himself the Execution of the Same W Hart CCC [Will Book Volume C, page 128] In the Name of God Amen I John Patton being in perfect mind & memory but being in a Low state of Health, & Calling to mind that it is appointed for all men to die, do make & constitute this my Last Will and testament in manner & form following that is to say in the first place I Give & Bequeath my soul to God who Gave it with a sure & Certain hope of a Resurrection at the Last day. I Recommend my Body to the Earth to be, by [See Note 1] my Executors Buried in a decent manner and after paying that Expense and all my other Just Debts I Give and Bequeath to my Son William Four Hundred Acres of Land Including the plantation I now Live on, Likewise I allow my Son William to Maintain my wife as Long as She lives - and I Give and bequeath to my son John Two Hundred Acres of Land Joining to my son William if he choose to Live on it and if not the Land is to be my son William's - and I Give & Bequeath to my Daughter Jean Two Hundred Acres of Land lying, Joining to John's part, and Likewise I Give & Bequeath to my daughter Mary Two Hundred Acres of Land which Includes all my Land and I allow all my moveable property to be sold by my Executor and Equally Divided among my Two sons and Two Daughters I Give & Bequeath to my son William the Bound girl I now appoint Matthew Patton my Executor of this my Last Will and Testament and I hereby Revoke all other Will or Wills whatever === In Witness whereof I have hereto set my hand and seal this seventh day of January the Year of Our Lord One thousand Seven Hundred and Ninety Nine ============= Witness present John Patton (seal) Joseph Clendenin John McDaniel [Will Book Volume C, page 129] The Execution of the foregoing Will and Testament of John Patton deceased was duly proved in Open Court by the Oaths of Joseph Clendenin & John McDaniel subscribing witnesses thereto and ordered to be Recorded -- at the same time Matthew Patton the Executor named in the Will being in Court refuses to take on himself the Execution of the Same ------------ Test Additional Comments: Will Book Volume C, pages 128-129 Recorded Feb 1799 Note 1: The will book copy and the loose will are different at this point. Estate Papers comprise 68 pages and are found in a folder labeled "Patton, John (1799)". Testator died "on or about" Jan 1799. Testator's widow is Rebecca. The provision in the will for William to "maintain" his mother is a bit unusual, and in the estate papers we find out that she was described as a "lunatic" or "insane". [Estate Papers - Bond 9 Dec 1803] Know all men by these presents that I John Briggans of the State of Tennessee and County of Sumner and held and firmly bound unto Joseph Clendenin of the County of Orange and State of North Carolina in the Penal Sum of One hundred pound good and Lawfull money to which payment I bind myself my heirs Executor admini startors and assigns firmly by these presents Doth with my hand and Sealed with my Seal this 9th of December 1803 The Conditions of the above obligation is such whereas the above bounded Joseph Briggans has this day paid the above named John Briggans the sum of one hundred Dollars the Receipt which is hereby Acknowledged for the Support of Rebekah Patton Widow which the Said Joseph Did agree to pay William Patton for the Support of Said Rebekah Said Briggans Doth hereby agree that he will Keep Said Rebekah from Ever becoming a Charge to the Said Clendenin he further doth agree that he Will pay all Damages which may Accrue Against the Said Clendenin from the above Mentioned William Patton Concerning the within Mentioned one hundred Dollars in Witness Whereof I have set my hand and Sial[sic] this 9th of December 1803 Witness Present John Brigance[?] Charles Clindenin [illegible] [Estate Papers - Bill of Complaint Sep 1814] State of North Carolina } Orange County } In Equity To the Honorable the Judge of said Court - The Bill of Complaint of Rebecca Patton by her guardian John Patton Humbly sheweth unto your Honors your Oratrix Rebecca Patton by her guardian John Patton that her husband John Pat -ton died in or about the year 1799 seized & possessed of a valuable estate real & per -sonal - that previous to his death he made & published his last will & test -tament wherein is contained the fol -lowing devise "I give & bequeath unto "my son William four hundred acres of "land including the plantation whereon "I now live, Likewise I allow my son William "to maintain my wife as long as she lives" - - that the said John Patton died without having altered or revoked his said will & that the same since his death towit at ______ Term ______ of Court of Pleas & Quarter Sessions of Orange Coun -ty was duly admitted to probate & has been recorded - Your Oratrix by her said Guardian further sheweth that in the year 1802 or 1803 the devisee William [page 2] Patton sold & conveyed the above devised tract of land to Joseph Glendening & John McDan -iel one hundred acres thereof to the said Mc= -Daniel & the ballance to the said Glendening that at the time of the purchase made by the said Glendening & McDaniel of the said tract of land they know & were apprised of the terms upon which it was devised to the said William Patton by his father -- that is was devised to him burthened with the support of your Oratrix during her natu -ral life - as an evidence of this fact she char -ges that they were witnesses to the will & fur -ther that at the time they severally purchased the land it was expressly understood between them & the said William that they were to take upon themselves the burthen of so supporting your Oratrix & that in consequence of such understanding the land was sold to them at a price much below its real value ---- Your Oratrix by her said Guardian further sheweth to your Honor that at the time of the death of her husband the said John Pat -ton & for a long time previous thereto she was a lunatic of unsound memory & that she continues to be so at this day - That the said John Patton by whom your Oratrix files her Bill has been duly appointed her guar -dian by the County Court of Sumner County in the State of Tennessee where she has for ma -ny years resided --- You Oratrix by her said [page 3] guardian further sheweth that at the time the said devised tract of land was sold by William Patton to the said Glendening & McDaniel she was living on the same or the plantation whereon she lived with her husband at the time of his death - that very soon after the purchase so made by the said Glendening & McDaniel (to-wit) in the year 1803 she was turned off the land by them or one of them That they or one of them put her in the care of one John Brigham to carry her to the State of Tennessee To induce him to do so they gave him the sum of one hundred dollars, taking a bond from him payable to them or one of them in like sum & at the same time for the maintenance of your Oratrix Your Oratrix by her said guardian further sheweth that except the said sum of $100 they never have either jointly or severally contributed one cent to her support but that she has been since she left the State & now is entirely dependent on the bounty of her friends for the food which supports her & the raiment which covers her --- that she is old, crazy & infirm & that those friends are but illy able to be as the sole expense of her maintenance - that since the appointment of the said John Patton to be her guardian she has lived wit him & under his care & protection - without his having any funds for her support whereby she has become largely in- -debted to him -- Your Oratrix by her said guardian further sheweth unto your Honors that she has by the said John Patton her guardian as aforesaid called upon them the said John Glendening & John McDaniel to advance her such a sum of money as would be equivalent to her [page 4] support from the time when she was as before stated put into the possession of Brigham as before stated & to make arrangement for the annual support dur -ing her life as they are bound to do not only as owners of the land but under their contract and agreement with William Patton as aforesaid all of which she well hoped they would have done as in Equity & in good conscience they ought to have done -- But now so it is may it please your Honors the said Joseph Glendening & John McDaniel conspiring with di- -vers other persons whose names at present are un- -known to your Oratrix, but who when discovered she prays may be made parties to this her Bill with apt words to charge them -- how to injure & defraud Your Oratrix utterly refuse either to pay any thing ["to pay" x-out] for her support during the time that is past or to make any arrangements for her support the time to come some times pretending & giving out that the land was not devised subject the her sup -port -- & at other times that the said John Brigham by his bond, to which your Oratrix was no party nor could he, is bound to support her & they ???erated All which actings & doing & pretenses are contrary to Equity & good conscience & tend to the injury of your Oratrix -- In tender consideration whereof & for as much as your Oratrix is without remedy by the strict rules of Common law & can have redress only in a court of Equity where matters of fraud & trust are property cognizable To the end therefore that the said Joseph Glendening & John McDaniel may upon their corporal oath full true and perfect answer make to all & singular the matter & things herein [page 5] set forth as fully as if the same were here again repeated & they more particularly interrogated & particularly whether the devise of the four hundred acres of land to William Patton by his father John Patton was not as set forth in this Bill ? whether they did not sign the said will as witness is thereto ? whether at the time they purchased said land from William Patton there was no conversation be -tween them & the said William relative to their supporting your Oratrix during her natural life ? Whether the land in consequence of being burthened with the maintenance of your Oratrix was not sold to them at a price far in -ferior to what it was worth or what it would have sold supposing such burthen not to have been on it ? Whether the or either of them did not promise & agree to with the said William Patton that they or either of them would support your Oratrix & exonerate them therefrom or how otherwise ? What price did they give for the land ? Where they or one of them did not give John Brigham the sum of $100 or what other sum to take your Oratrix off to Tennessee where they or either of them did not take from the said John Brigham a bond payable to them or one of they to support your Oratrix & indemnify them or either of them against any claim she might have against them or either of them or how otherwise ? Whether they or either of them ever have, except the above sum of one hundred dollars paid to John Brigham, advanced on account of your Oratrix one cent ? Whether a demand has not been made of them or either of them of the tenor & effect above mentioned ? And that they may be decreed to pay the said John Patton guardian of you Oratrix such sum as this Honorable Court may deem adequate to her support from the year 1803 when she was put into the care of the said John Brigham down to the time of rendering the decree & that they may further be decreed to pay over annually to your Oratrix's guardian [page 6] such sum as the Honorable Court may in their judgment deem sufficient to support her comfortable during the ballance of her life & that she may have such other & further re -lief as to this Court may seem proper may it Please your Honor to grant unto your Oratrix the State Writ of Subpoena to be directed to the said Joseph Glendening & John McDaniel commanding them & each of them at a cer -tain day & under a certain penalty therein to be contain -ed, personally to be & appear before your Honors in this Honorable Court, then & there to answer the premises & to stand to & abide such order & decree therein as to you Honor shall seem meet & agreeable therein as to your Honor shall seem meet & agreeable to Equi -ty & good conscience And you Oratrix as in du -ty bound will every pray &c --- F. Nash Solicitor for Compt. [Note: this Bill is not dated, but the answer to it was dated Sep 1814] [Estate Papers - Depositions 7 Mar 1816] In pursuance of a Commission to us directed We have caused Alexander Russell, James Ray, Eli McDaniel & Robert Hunter to appear before us at Murphy's Mill in Orange County, on Thursday the 7th day of March 1816, to examine them touching a certain Suit pending in the Court of Equity for Orange County Wherein Rebecca Patten by her Guardian John Patten is complainant, and John McDaniel and Joseph Clendenin are Defendants ---- This day Alexander Russell, Eli McDaniel James Ray & Robert Hunter came before us and being severally sworn deposeth and saith in the following manner Viz Alexander Russell being duly sworn deposeth and saith Interrogatory 1st Were you acquainted with William Patten son of John ? Answer I was well acquainted with him from his infancy ? [why a question mark here] Interrogatory 2d Do you think he was a man of sound mind and capable of doing common business? -- Ansr. I think he was - that although he was not a very bright man, yet he appeared to be able to transact ordinary business, that the family were dull geniuses and particular[ly] his brother John, who was not thought to be of sound mind. Interrogatory 3 Do you remember any thing about John McDaniel buying land from him --- Answer I do remember it and did some of the writings about said bargain . --- [page 2] Interrogatory 4 Do you recollect what price this Defendant was to give for said land by the acre? Ansr. He was to give four Dollars - and remarked at the time that altho he had offered to take three Dollars that the this defendant would give him four Dollars between such and such boundaries Interrogatory 5th Do you recollect that Old Mrs. Patten, Williams Mother, lived with this Defendant and whether she did not say with him for near one year -- While William should go to the Western Country -- Ansr. I do recollect that she stayed some time with sd. Defendant while William did go Westwardly Interrogatory 6th Do you understand that the old ladie's stay was to be deducted out of the price of the land? Ansr. I Did not? Nor did I ever have such an idea! Interrogatory 7 Do you know that John McDaniel this defendant was guardian for William Patten aforesaid? Interrogatory 8th Was this purchase of land made by this Defendant during the time while he was action as Guardian or was it after he had settled with the admr and William had arrived age --- Ansr I believe it was after he had settled with the Admr aforesaid and after he the said William was twenty one year of age --- Alexr. Russell [page 3] Jane Ray ["deposeth and saith" x-out] Interrogatory 1 Do you recollect his defendant buying land from William Patten? -- Ansr. Yes. Interrogatory 2 Do you think that this purchase was made after this defendant had settled with him as guardian or before ? Ansr. I think it was ["before" x-out] afterwards Eli McDaniel Jean Ray Interrogatory 1 Do you or you you no recollect that This defendant did buy land from William Patten? Ansr. I do recollect that he did! Interrogatory 2 Do you know what price was to be given for the land Ansr I understand from William Patten a few days after the purchase that he got four Dollars pr acre for the land Interrogatory 3 Do you understand that old Mrs. Patten aforesaid who stayed with this Defendant nearly or quite a year was to have her board paid for out of the price of the land or how otherwise - Ansr. I understand from William Patten that his Defendant was to keep his mother untill he the said Patten should go to the Western County and that her board was not to be deducted out of the price of the land Interrogatory Do you or do you not thing that William Patten was of sound mind and capable of transacting ordinary business --- Ansr. I think he was qualified to do any common business? --- Interrogatory Did you at any time hear it call'd in question whether he was of sound mind Ansr. I never did hear any person call in question his ability of mind ---- he was looked upon as sound his Eli (D) McDanuel mark Robert Hunter Interrogatory 1 Are you not acquainted with the land aforesaid which this defendant purchased form William Patten -- Ansr I am! Interrogatory 2 What do you believe to have been the value of the said land p acre when the purchase was made ? Ansr. I think that at this time the land is not worth more than five Dollars p acre -- Robert Hunter Attest [illegible] (seal) Thos. Scott JP (seal) 7th March 1816 [Estate Papers - Testimony 7 Dec 1818] Rebecca Patton by her Guardian } vs } In Equity Clendenin & McDaniel } taken before the Clerk & Master Thomas Whitted Esq. being Sworn saith he was well acquainted with Rebecca Patton complt during the time she lived there [x-out] [x-out] & that he thinks $40 per year would be a fair price for her maintenance; that at time she was capable & did do a good deal of spinning & was very industrious & handy with her needle --- Thos Whitten Sworn & subscribed before me the 7 Dec 1818 A. B. Bruce Robert Hunter being sworn saith he think $40 per year during the time the complainant lived here would be a fair price for the maintenance that she was capable & did a good deal of work such as spinning knitting & sewing Sworn & subscribed before me the 7 Dec 1818 Robert Hunter A. B. Bruce Eli McDaniel being sworn saith he was well acquainted with the complt during the time she was here; and he think $25 per year would be a fair price for her maintenance & that she was capable of working & did spin sew & Knit & other thing about the house & was general industriously employed. Sworn & subscribed before me this 7 Dec 1818 Robert Hunter A. B. Bruce Sarah McDaniel wife of Eli being sworn saith she was well acquainted wit the complainant Rebecca Patton during the time she lived here & that for not more than two years before she left this country she have hired to do some spinning for her which she did and that she thinks she was worth wages to live in any family over above & ["over" x-out] her maintenance & that nothing ought to be allowed her on the amount, as she would have been willing to have kept her & paid wages for her work $c Sworn & subscribed with her her mark before me 7 Dec 1818 Sarah (D) McDaniel A. B. Bruce mark [page 2] Eli McDaniel further saith that some time in the fall of the year 1799 as well as he recollects the tract of 400 Acres of Land Willed to William Patton was put up to the highest bidder at public Auction to be rented the ensuing year when Joseph Clendenen became the highest bidder at the price of $10 per year for the while tract of Land & that the said Clendenen did rent for two years the said Plantation at the price of $10 or 12$ year his Eli (D) McDaniel mark James McDaniel being sworn saith the statement above made by Eli McDaniel as to the rent of the whole tract of Land therein state to be rented to Joseph Clendenen Esq is true; to the best of his knowledge & belief Sworn to & both subscribed before me his 7 Decem 1818 James (X) McDaniel A.B. Bruce mark [Estate Papers - Opinion in Equity 2 Dec 1818] State of North Carolina Rebecca Patton by her Guardian } vs } In Equity Clendenen & McDannel } In obedience and pursuant to an order of Reference made in the above cause at September Term last, I have cause the parties to be notified to appear before me at my Office in the Town of Hillsborough on the 2nd day of December 1818 when the Defendants themselves attended and no one appearing for the Complainant I proceed to consider of the several matters thereby to me referred and find that John Patton the last husband of the Complainant Rebecca Patton departed this life in or about the month of January in the year 1799 having first made and duly published his last Will and Testament in writing wherein he devised as follows "I Give & bequeath "to my Son William Patton Four hundred Acres of Land, likewise I "allow my son William to maintain my wife as long as she live." And the said Wm. Patton the devisee on or about the 13th day of July 1801 sold and conveyed to John McDannel one of the Defendants Eighty seven Acres of the above trait of Land for the consideration of the Sum of $348 And on or about the 18th day of August 1802 the said William the devisee sold and conveyed to Joseph Clendenen the other defendant Three hundred Acres of the said tract of Land for and in consideration of the Sum of $600 and that the said Clendenen & McDannel after furnished the said Rebecca Patton with such little necessaries as they found she stood in need of until about the 9th day of December in the year 1803 when they are one of them contract and agreed with one John Briggance of the State of Tennessee to take her out of the State; and took a Bond from said John Briggance payable to the said Joseph Clendenen in the penal Sum of One hundred pound to indemnify him [page 2] from any claim which might hereafter arise or accrue by reason of the support or maintenance of the said Rebecca Patton the Complainant; and that the said Joseph Clendenen also at the same time paid to the said John Briggance one hundred dollars to be applied by him to the support and maintenance of the said Rebecca the Complainant. It appears from the Testimony of Thomas Whitted & others that the said Rebecca Patton the complainant (not withstanding appearance of mental derangement at times) was a very industrious woman capable of doing Ordinary business such as spinning, Knitting & Sewing and that therefore he believe $40 per annum would be a fair price for her support and maintenance which sum I have allowed her from the 9th day of December 1803 to the 9th day of March 1819 being 15 years and three months amount= =ng to the sum of $610 which will more fully appear by the statement hereunto annexed;- in the same ratio as that of the amount of the respective purchases made by the Defendants in the above mentioned tract of Land it would appear that the Defendant Clendenen should pay of the sum $406 2/3 and the other Defendant John McDannel the sum of $203 1/3 which will also more fully appear by the statement hereunto annexed and to which I refer All of which is respectfully submitted to this Honourable Court James Webb C.M.E [page 3] Drs Joseph Clendenen & John McDannel To Rebecca Pattons Guardian 1803 December 9th To the Annual maintenance of Rebecca Patton the widow of John Patton deceased from the 9th day of December 1803 to the 9th March 1819 is 15 years 4 mon$40 $610 Joseph Clendenen in proportion to his Amo. purchase $406 2/3 John McDannel in proportion to his Amo. purchase $203 1/3 __________ $610 [Estate Papers - Opinion of Supreme Court May 1819] State of North Carolina } Raleigh } Supreme Court May Term AD 1819 Rebecca Patten by her Guardian } vs } Clendenen & McDaniel } -- Orange -- It is the opinion of the Supreme Court that the motion to dismiss the Bill should not prevail, because it states that upon the Sale to defendants, a support for the Complainant was left in their hands being deducted from the value of the land for that purpose - It is therefore a trust fund raised upon a valuable consideration --------------------------- for the benefit of Complainant , who stand not as a mere volunteer, but one having a claim on the devisee for support - not that we believe a consideration necessary in the transfer of an Equity - But only necessary to raise on Equity and when once raised to be transfer like all other rights upon legal evidence of the will of such owner [page 2] to make the transfer - It is therefor unnecessary to divide the question there the devise of the Complainants maintenance was a charge upon the land Let a Decree be entered accordingly Certified by Wm Robard A.S.C.