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County of Augusta and Collony of Virginia

January 2, 1756

Will

of
JOHN PATTON
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IN the Name of God Amen January the second Day in the year of our Lord One thousand seven hundred and fifty six I John Patton of the County of Augusta and Collony of Virginia being Sick and Weak in Body but of Perfect Mind & Memory thanks be given unto God therefore calling ___ Mind the Mortallity of my Body and knowing that is appointed for all men only to Die do Make and Ordain my Last Will and Testament First of all I Recommend my Soul into the Hands of God who gave it In hopes of Salvation through the _______ of Jesus Christ our Lord and Saviour and my Body I recommend to the Earth to be Buried in a Christian like and Decent Manner at the will of my Executors not Doubting by I shall Receive the same again by the Mighty Powers of God and ________ My Worldly Estate I Devise & Dispose of the same in the following Manner and Form (VIZ) First I order all my Just Debts and funeral charges to be paid out of my said Estate & the remainder thereof to be divided as followeth IMPRIMUS I give and Bequeath to Agness my Dearly beloved wife the use of the Plantation whereon I now Dwell with all the appurtenances thereto belonging During her Widowhood Provided that no Waste be made thereon, I do also Bequeath to her one Large Bay Mare with a white Face and I do put into her Hands all my Moveable Estate / Except what is hereafter named / In Order to have my five Children / to Wit / William, James, Margaret, Isabell & Agness Educated and Supported until they come to age; and when any of my sd children come to age each child is to have an equal share of the Remainder of my Estate Deducting One Third of the Whole for the use of my wife, and if she intermarry before that time I order that my other Executors lay her off her sd Third of my Estate & the Remainder to Divide equally amongst my sd five children. ITEM I give and Bequeath to sd William and James my Beloved sons Two Hundred Acres of Land on which I now Dwell in Fee Simple with all the appurtenances thereunto Belonging to be Divided between in Quantity & Quality by two or more Honest Men And to Enter Into Possession of the same as they arive at the Age of twentyone years so as not to Disspossess their Mother or abridge her of the Propertys have given her in sd Land without her consent I Do also Bequeath to my son William a white faced Stallion Colt and I give to my son James the Fole which the Blazed Mare is now with. ITEM I give and Bequeath to each of my above sd three Daughters a mare now Running at the South Branch of Potomack as my Elder Children are already Portioned off. They are not by this Will Intitled to any Part of what I now Possess I therefore order that none but such as named above named are to have any share of my Estate I do appoint my Wife Executrix & Alexander Miller & John Wardlaw Executors of this my last Will and Testament I DO hereby Revoke Disanul & Make void all other Wills Testaments or Legacies by one made & do Publish Pronounce & Declare this to be my Last Will & Testament IN WITNESS whereof I have hereunto set my hand & seal the Day and year first above Written

IN PRESENCE Of                                           his
Wm McClung                                       John J Patton ( seal )
John Stevenson                                               mark
Mathew Lyle

At a Court held for Augusta County March the 16, 1757 This Last Will & Testament of John Patton was proved by the oaths of the Witnesses thereto Subscribed & Admitted to Record, And on the Motion of Agness Patton the Executrix Mentioned in the sd Will / Alexr Miller one of the Executors having Refused to take on him the burden of the Execution of the sd will / Certificate is granted her for obtaining a Probat thereof in Due form then having taken The oath of an Ex----- & with Mathew Lyle & Alexander Miller her Securities entered into Bond according to law.

                                                                          Test

KNOW all Men by these Presents, That We Agness Patton Mathew Lyle and Alexander Miller are held and firmly bound unto David Stuart Richard Wood John Bauger & William Wilson Gent Justices in the Commission of the Peace for Augusta County for and in Behalf and to the sole Use and Behoof of the Justice of the said county and their Successors in the sum of three Hundred Pounds To be paid to the said Justices their ---- Executors Administrators or Assigns To the which Payment will and hereby to be made we bind ourselves and Every of us our and every of our Heirs Executors and Adminstrators jointly and Severally firmly by there Presents Sealed with our Seals Dated this viz Day of March Anno Domini 1757

The Condition of this obligation is Such, That if the above-bound Agnes Patton Executrix of the Last Will and Testament of John Patton Deceased do make or cause to be made a true and Perfect Inventory of all and Singular the Goods, Chattels and Credits of the Said Deceased which have or shall come to the Hands Possessin or Knowledge of the said Agnes Patton or into the Hands or Possession of any other Person or Persons for her Use and the same so made do exhibit into the County Court of Augusta at Such Time as She Shall be thereunto required by the said Court, and the same Goods Chattles and Credits and all other the Goods Chattels and Credits of the said Deceased which at any time after Shall come to the Hands Possessioin of Knowledge of the said Agnes Patton or into the Hands and Possession of any other Person or Persons for her Use do well and truly Adminster according to Law And further do make a just and true Account of her Actings and Doings therein when thereto required by the said Court And also Shall will and hereby pay and deliver all the legacies contained and Specified in the Said Testament as far as the said Goods Chattels and Credits will thereunto Extend and the Law Shall Charge Then this Obligation to be void and of none Effect or else to remain in full force & ______

Sealed and Delivered )                                                  her
in the Presence of      )                                       Agnes (   ) Patton (Seal)
                                                                                       mark
                                                                             Mathew Lyle       (Seal)
                                                                             Alexr. Miller        (Seal)

At a Court held for Augusta County March the 16, 1757 Agness Patton with Mathew Lyle & Alexander Miller her Securities Acknowledged this their Bond for the said Agness _____ and forthfull Administration of the Estate of John Patton decd which is Ordered to be Recorded.

                                                                                        Test

Know all Men by these Presents That We John Henton Daniel Harrison and Sampson Archer of the County of Augusta are held and firmly bound unto David Stuart Robert McClanahan John Bowyer Justices in the Commission of the Peace for the said County for and in Behalf and to the sole Use and Behoof of the Justices of the said County their Executors Adminstrators or Assigns in the sum of One Thousand Pounds to be paid to the said Justices & their Executors Adminstrators and Assigns To the which Payment will and hereby to be made, we bind our Selves and each of us by himself our and each of our Heirs Executors & Adminstrators firmly by these Presents Sealed with our Seals and Dated this 16 Day of March 1757.


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NOTE:  John Patton & first wife Mary/Sarah nee Rogers were my 6th great
grandparents.  The name of Miss Rogers has never been verified - some
researchers have indicated her name as Mary while others indicate
Sarah.  For many years she was known only as Miss ______ Rogers.
Antoinette

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Last updated on December 3, 1998

Copyright© by Antoinette, September 11, 1998


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