ROCKBRIDGE COUNTY, VA - WILLS - Sarah Patton, 1841 ----¤¤¤---- Will of Sarah PATTON and accompanying litigation records; Rockbridge County, Virginia; Circuit Court Will Book 1; pages 41-45. ---------------------------------------- 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. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Scott Simpson scott.simpson@byu.net ___________________________________________________________________