Orange County NcArchives Wills.....Patton, John January 7, 1799
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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.