Rockbridge County Virginia USGenWeb Archives Deed.....Patton's Heirs, Matthew - Patton's Exrs Et Al, William December 23, 1837 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Sarah Nesnow squirrelroots@verizon.net May 19, 2008, 5:50 pm Written: December 23, 1837 Recorded: January 13, 1838 ROCKBRIDGE COUNTY, VA - Deeds - William Patton’s executors to Matthew Patton’s heirs, 1837 ----¤¤¤---- Copy of Indenture between William Patton’s executors and heirs and the heirs of his brother Matthew Patton dated 23 December 1837, Rockbridge County, VA, submitted as Exhibit D with bill of complaint in Rockbridge County (VA) Chancery Causes, 1781-1958. Admr of Matthew Patton vs Heirs of Matthew Patton, 1844-032. Original case 13.56. Local Government Records Collection, Rockbridge Court Records. Accessed electronically via Library of Virginia, Chancery Records Index. Transcribed as written. This Indenture made the 23rd day of December in the year 1837, between Alfred Leyburn and Samuel V. Gatewood, executors of William Patton decd and Frances T. Patton, widow of sd William Patton of the one part, and Sarah Patton, James Patton, Elizabeth Willson, Nancy Jamison, Mary Taylor, Isabella Ireland, Phebe Ireland, (which sd Sarah is the mother of Matthew Patton decd late of Rockbridge County, and which said James Patton, Elizabeth Willson, Nancy Jamison, Mary Taylor, Isabella Ireland, Phebe Ireland, are the surviving brother and sisters of sd Matthew Patton)—also James McDowell, Margaret Delany, John McDowell, Elizabeth Logan, William McDowell, (which sd last named James McDowell, Margaret Delany, John McDowell, Elizabeth Logan & William McDowell are the children of Sarah McDowell decd who was a sister of sd Matthew Patton; also John Wasson, James Wasson, Eveline Wasson, Mary Wasson, Mar- garet Wasson and Martha Wasson, which said last named James, Evelina, John, Mary, Margaret & Martha are the children of Margaret Wasson decd, who was a sister of sd Matthew, also Susan Jane Patton, & Eliza Ann Patton –which sd last named –Susan Jane, & Eliza Ann are the children of William Patton decd, who was a brother of sd Matthew Patton; of the other part witnesseth. That whereas James Patton decd late of Rockbridge County, did by his last will and Testament, dated the 21st day of July 1812 bequeath to his sons Matthew Patton and William Patton, the plantation on which he resided adjoining the town of Fairfield in said County of Rockbridge to be divided equally between then according to quality and value, “except that sd Williams share should embrace the dwelling and all other houses, except the barn. And whereas John Patton decd lat of Rockbridge and son of sd James, did by his last will and Testament dated the 27th day of April 1822, devise to sd William Patton ten thousand dollars in consideration that the sd William should convey his interest in the land aforesaid, acquired by the will of sd James Patton, to his brother the sd Matthew Patton. And whereas the sd William Patton decd did by his last will and testament dated the 1st day of June 1837, in fulfillment of the condition contained in the will of sd John patton decd release to the sd Matthew Patton all his interest and title in sd lands, and did furthermore, authorise and direct his exrs the said Alfred Leyburn and Samuel V. Gatewood to convey by Deed in fee simple, all his right, title and interest as aforesaid to said Matthew Patton. And whereas since the execution of sd will of William Patton the sd Matthew and the sd William have both departed this life, the sd Matthew first and the sd William soon thereafter. Now for and in consideration of the premises, and for the further consideration of one dollar in hand paid by the aforesaid heirs of Matthew Patton decd to the sd Alfred Leyburn, Saml V Gatewood & Frances T Patton the receipt of which is hereby acknowledged, They the sd Exrs and the sd Frances, Have granted sold and convey- ed, and by these presents doth grant sell and convey to the sd Sarah Patton, James Patton, Elizabeth Willson, Nancy Jamison, Mary Taylor, Isabella Ireland, Phebe Ireland, James McDowell, Margaret Delany, John McDowell, Eli- zabeth Logan, William McDowell, John Wasson, James Wasson, Eveline Wasson, Mary Wasson, Margaret Wasson, Martha Wasson, Susan Jane Patton and Eliza Ann Patton, their heirs and assigns forever in such proportions as they are respectively entitled to hold as heirs of sd Matthew Patton decd under the provisions of the statute for distri- bution of intestates estates, all and singular the interest of said William decd in and to one half the land aforesaid together with all and singular its buildings and appur- tenances, which land is situated in said County of Rock- bridge adjoining the Town of Fairfield, the lands of Jesse Scott, and others and is supposed to contain all to- gether, one hundred & eighty nine acres be the same more or less. And the said Alfred Leyburn and Samuel V. Gate- wood Executors aforesaid, in their character as such, and said Frances T Patton widow as aforesaid, in conveying the undi- vided interest held by sd William Patton decd and the dower interest of the sd Frances, doth covenant and agree to war- rant and defend the title of sd undivided interest as aforesaid to the heirs of sd Matthew Patton as aforesaid, free from the claim of themselves and their heirs, and from the claim of the heirs of sd William Patton, and all & every person or persons claiming through, by, or under them or him. In testimony whereof the sd Alfred Leyburn and Saml V Gatewood, Executors as aforesaid and the said Frances T Patton have set their hands and seals the day and year first written in this Indenture— Alfred Leyburn {seal} S V Gatewood {seal} Frances T. Patton {seal} Signed, sealed and acknowledged in the presence of Jas. D. Davidson P.H. Sheltman C.P. Dorman As to A.L. and S.V.G. Rockbridge County viz We William Houston & John Withrow Justices of the Peace in the County aforesaid in the state of Virginia do hereby certify that Frances T Patton a party to a certain deed bearing date on the 23rd day of December 1837 and hereunto annexed personally appeared before us in our county aforesaid and acknowledged the same to be her act and deed, and desired us to certify said acknowledgements to the Clerk of the County Court of Rockbridge in order that the said deed may be recorded. Given under our hands & seals this fifth day of January 1838. Wm Houston {seal} John Withrow {seal} In the Clerk’s Office of Rockbridge County Court 13 January 1838 This deed from Alfred Leyburn & Samuel V. Gate- wood executors of of William Patton decd and Frances T. Patton to the heirs of Matthew Patton decd was this day produced to me, proved by the oaths of James D. Davidson & Charles P. Dorman subscribing witnesses as to said Leyburn and Gatewood executors and continued for further proof. Teste Sam McD Reid CRC And in said office of Rockbridge County Court January 13t 1838 This deed from William Pattons executors and Frances T Patton to the heirs of Matthew Patton decd was further proved by the oath of Peachy H. Sheltman a subscribing witness thereto and together with the annexed certificate of Frances T Pattons acknowledgement admitted to record— Teste David Hutcheson DC A Copy from the Records Teste David Hutcheson File at: http://files.usgwarchives.net/va/rockbridge/deeds/pattonse73gdd.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 7.8 Kb