YANCEY COUNTY, NC - WILLS - John D. Patton, 24 Jun 1909 --------------¤¤¤¤¤¤-------------- Yancey County Book of Wills pages 525-535 Transcribed by: Sandra Allen Fender Note: John D. Patton was a long time resident of Yancey County, being first found in census records there in 1880. He and his family lived in South Toe Township and John D. Patton was the census enumerator for that township in that year. John D. was still in Yancey in 1900, age 72, a widower, living with his son, Alexander “Sandy” Patton. At the time he wrote his will, he was living in Mt. Vernon, Franklin County, Texas with his son, Andrew J. Patton. ***** In the Estate of John D. Patton, Deceased In the County Court of Franklin County The State of Texas Now comes your petitioner, A. J. Patton and respectfully shows to the court that he resides in Franklin County, Texas: that John D. Patton is dead; that he died on the 28th day of August AD 1928 near Mt. Vernon in Franklin County, Texas; that said deceased at the time of his death was a bonefide resident of the County of Franklin, State of Texas and had been a resident thereof for many years next preceding his death and resided therein at the time of the making of the will herewith filed. That at the time of his death the said John D. Patton was seized and possessed of real and personal property of the probable value of eight thousand dollars and left a written will duly executed and herewith filed, in which your petitioner was appointed executor; that at the time of the making of the will, testator was of sound mind and sufficient age to execute it. That your administrator is not disqualified by law from accepting letters testamentary. Wherefore on this the 14th day of August AD 1929 your petitioner prays the court that citation be issued to all parties of interest in said estate as required by law, that said will be admitted for probate, and that such other and further orders be made as to the court may seem proper. A. J. Patton Petitioner ***** Last Will and Testament of John D. Patton State of Texas County of Franklin I, John D. Patton, of the County of Franklin, State of Texas, being of sound and disposing mind and memory and being desirous to settle my worldly affairs while I have strength to do so do make this my last will and testament hereby revoking all others heretofore by me made. I I desire and direct that my body be buried in a manner suitable to my circumstances and condition of life. II I desire and direct that my just debts be paid out of my estate without delay by my executor to be hereinafter appointed. III It is my will and desire that my son, A. M. Patton have one fifth of my estate after my debts and burial expenses are paid. IV My son, A. J. Patton to have one fifth same as the first one. V Clarence L. Patton to have the revenue arising from one fifth during his life, at his death the fifth to be divided between A. M Patton and A. J. Patton. VI Charles F. Patton to have the revenue arising out of and from one fifth of my estate during his life, and at his death this fifth to go and be equally between A. M. Patton and A. J. Patton. VII One fifth to be put out at interest, said interest to be used to pay my son, A. J. Patton for my board and other expenses while I live with him, after he has been paid whatever I may give him at my death, I desire and direct that this fifth be devided equally between the two youngest children of A. J. Patton, Doris and Mildred Patton. VIII I hereby appoint my son A. J. Patton to be my executor of this will without bond. John D. Patton W. C. Holbert, witness, T. A. Hope, witness, this 24th day of Aug. A. D. 1909. ***** I, John D. Patton do make and publish this codicil to the above will made and signed by me on Aug. 24, 1909. I desire that Clarence L. Patton do have one fifth of my estate share and share alike with the rest of my children, and that same be paid over to him in the distribution of my said estate, and that he have full charge and control of said 1/5 himself. I also desire and direct that my said son Charles F. Patton do have one fifth of my said estate, and that this said one fifth be paid over to him by said executor at the distribution of my said estate. My Granddaughter Mildred Patton having died since my will was written Aug. 24, 1909, I desire that the 1/5 of my said estate go to my granddaughter Doris Patton, and I hereby appoint my son, A. J. Patton to take charge of said one fifth of my estate and that no bond be required of him and that said one fifth be paid to said A. J. Patton in trust for my said Granddaughter, Doris Patton. I desire that there be no legal proceedings had in the affairs of my said estate except that my executor probate this will and file and inventory of said estate. I do hereby ratify and confirm the clause in my will appointing my son A. J. Patton executor of this will without bond this Sept. 25, 1915. We do hereby sign this as witnesses to the signature of J. D. Patton, and at his request. (No signatures subscribed in the will book at this point.) ***** In The Estate of John D. Patton, Deceased Judgment in the County Court for Franklin State of Texas On this the 22nd day of October AD 1929 (one line can’t read) Application of A. J. Patton, a resident of Franklin County, Texas, for the probate instrument in writing now produced in Court being filed herein with said application on the 24th day of August 1929 purporting and alleged to be the last will and testament of John D. Patton, deceased. And it appears to the satisfaction of the court upon the consideration of said application, the proff and the record herein, that the testator, John D. Patton, at the time of the said will was at least twenty one years of age, was of sound mind and died on the 28th day of Aug. 1928, at Mt. Vernon, in Franklin County, Texas, where testator therein resided, and long prior thereto, and the evidence, a statement of which is filed in this court as required by law and it appearing that citation to which no objection has been made, and that the said A. J. Patton is named and appointed in said will executor thereof, and that he is not disqualified, therefor. And it further appearing to the court that said will directs that no bond or security be required of said executor. It is therefore ordered, adjudged and decreed by the court that the will and testament of the said J. D. Patton, deceased, is hereby admitted to probate and record in the minutes of this court and it is further ordered by the court that letters testamentary thereof be granted to the said A. J. Patton, without bond, having first taken the required oath, and that no other action shall be had in this court on the administration of said estate than to return an inventory and appraisment of said estate and list of claims. And it further appears to the court that M. L. Edwards, J. C. Stringer and J. A. Banister are citizens of Franklin County, Texas and disinterested persons in said estate, it is therefore ordered that they or any two of them, be and are hereby appointed to appraise said estate both real and personal of J. D. Patton, deceased. W. R. Irby, County Judge Franklin County, Texas ***** (Two pages, very faded. Contains Application for probate, notice to be posted for 10 days, Oath of Executor, etc.) ***** Appraisers returned their report in Oct. 1929 Separate property of said Deceased 325 acres of land in South Toe Township, North Carolina, appraised value about 12 miles East from Burnsville, 7315.00. Fifty acres of land also in South Toe Township, Carolina, about 14 dollars per acre. Community property, none. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Sandra Fender fender@hci.net ___________________________________________________________________