P.215. 22 March 1861..
I, James Patten, of Asheville do make this as my last will & testament.. I give & bequeath to my wife Henriette Kerr Patton the following tract of land, one on the East side of Main Street. Beginning at the South West corner of Main St. and Tanyard Street South of the hotel, then along Main Street to T. W. Atkins lot then East & South with Atkins line to Dr. Tennent line & with Dr. J. P. E. Hardy’s line bought from G. B. Tennent then with his line to top of the mountain then along the summit to the low gap where the road crosses from Asheville to Swannanoa and to S. Lee, Esq. then West to the branch to E. Clayton line then South & West crossing the branch to my son James A. Patton line then his line to the Tanyard Street & to the beginning. On which is the mansion house where we now live during her natural life. Except five acres & ninety rods including the tanyard being conveyed to my son William A. Patton in 1861. Also the tract of land on French Broad River adjoining N. Woodfin on the North & the land bought from Est of James E. Smith & E. Cunningham on the South then on the road from James Cowans & passing the new brick academy & on to the river. I also give her all the furniture in the house & kitchen, stable, & other out buildings, a pair of the best carriage horses, best carriage
(A LOT OF BUNKUM Vol. XI, No. 5 May 1990 Page 90-43)
and harness, four mules first choice, one four horse waggon & gear, one two horse wagon & gear compleat, one cart harness, six milch cows supplies for one year, one good set of blacksmith tools & one furnice. Also one thousand dollars Bank of Cape Fear stock which certificate she now has and $5,000 bond on the town of Jacksonville, Florida.. Also the following negroes viz: Isaac, Henry, Abram, Sam, Harrison, Ruffin, Isham, Coleman, John Johnston, Albert McKesson, James Charleston, John Charleston, John & Nelson, Elevin. Males, Jenney Henry, Menerva & her three chn. George- anna, Sarah & Jane Bell, Eliza, Charlotte, & Margaret now in Charleston, also a child of Margaret name not known.. I give to my son James Alfred Patton in addition to what he has already received in lands & other things, amounting to $17,332.68 as my book will show, in which is the hotel & lands on the mountain as a deed dated 9 Nov.1860. Also all that lot on Main Street including the brick stables & corn cribs, South of Henry Stephens’s lot & Patton Street, East of the Episcopal Church lot & North of a new street West & South of the cribs (not the shed added by J. M. Blair) also an undivided half interest in the tract of land on West side of Buncombe Turnpike Road & North of Mrs. Vance’s lot, also joining land’s of N. W. Woodfin and D. H. Jarrett land, to have & hold for- ever in fee simple. Also the following negroes viz: Sam Cope Sent., Allen, Marcus, Felix, Enoch, Alexander, Mitchell, Jim Cope, Isaac Weaver, Reubin, Bill Morgan, Emaluel, Mear, Noah & old Peet. Rhoda, Celia, Sally & her dtr. Evaline.. I give to my son William Augustus Patton the house & lot on the West side of Main Street where he now lives, the tract of land lying East of the Warm Springs Road & West of Beaver Dam Road & W. Murdock, passing B. H. Merriman & others & South of A. T. Spears & N.W. Woodfin containing about 93 acres, also the Tanyard tract of 5 acres & 90 rods, being the three tracts I conveyed to him on the 1 Jan. 1861. Also the lot South of the one on which he resides, West Main Street, North Church Street & East grave yard fence and presbyterian Church including the brick store & bakery. Also a tract of land containing 10 acres with street in centre East of College Street & North of Coggins & Orr’s brick yard & West of White Pine Street & South of S. Chunn old tract. Also lot #18 bounded by J. S. Smith’s lot on the South, old Haywood Street on the West, New Street on the North & Baird Street on the East containing 3½ acres. Also one half interest in the land on the West side of Buncombe Turnpike Road & North of Mrs. Vance’s. containing about 118 acres. Also the following negroes viz: Mathew Cope, Solomon, Adam Orr, Joshua, Jack, Campbell, Spencer, Joe, Jesse, Newell, Sandy, Frank, Charles, Paul, Bob Twitty, Hannah, Lucinda, Matilda, Jenny, Sophy, Silvia, Mira & Ben… I give & devise to my son Thomas W. Patton a lot in Asheville, West of Main Street & bound by Sullivan’s lot, North by Dr. Hilliard’s lot & South by lot #10 to include. the spring & to contain 2 acres Also an undivided half interest in the remainder of 200 acres, begining on the South West corner of the land given to my son James A. and joining lands of W. A. Patton & N. W. Woodfin then with his line to the corner to French Broad River then up the river to W. Welch tract then East to the land bought from J. M. Smith heirs, then East to J. Cowan’s lot near the new Academy thence with N. W. Woodfin & others to include all in an exchange of land with N.W.Woodson, the same being given to his mother for life. Also one half interest in a tract of land of i200 acres lying in Lowndes County, Alabama being all the land I own in that County and the following negroes in Alabama viz: Andrew, Charles, Winter, Parrott, Patty & three chn. Tom, Zachery, Taylor, John, Henrretta, Mary & child, also half interest with M. J. Fagg in the following negroes viz: Andrew Jackson Ray, Samuel Rice, Henry Ben Robertson, Bob (carpenter), Susan & six chn. Jack, Mary, Eliza & child. Also one undivided half of all chattle property on the premises belonging jointly to me & M. J. Fagg also the following negroes not in Alabama viz: Isaac, Mull, William Harvy, Sam Cope, Rachel, Margaret & Emma… I give & devise unto my dtr. Frances S. Patton a lot in Asheville on the West side of Main Street on which the brick stable stands, East of Church Street & Sullivan lot & North of the plank fence separating the lot above Dr. Hillard containing about one acre, also the other half interest remainderof lot #15 containing 200 acres, the. other half devised unto my son Thomas, with a life estate to his mother. Also a tract lying South of Mountain Street & West of road to the topi of mountain then West & with the branch to E. Clayton line & North with his line & J. W. Wilson line to Mountain Street containing about 45 acres. Also the remaining half in the tract of land including the (?) mansion house & appurtenances which is given & devised to her mother for life. I give & bequeath to my dtr. the following negroes viz: Joe, Walter, top, Jim Gaston, Woodville, Alfred, Wilson, Tom Weaver, Manson, John McDowell, August, Maria, Betsey, Mary, Rose Wilson. & Fanny. Also one new piano, education & clothing until twenty-one years old. a good saddle horse, saddle & bridle worth $200… All the rest of my estate, real, personal or mixed. I will devise & bequeath to my executors hereinafter named in trust to be sold at public or private sale as they may judge best and to collect all debts due to me and to pay all debts owed by me and the surplus to be equally divided between my wife and children. I direct my executors to keep my estate together & not hand over any of the devises or legacies until my existing rail road contract in Tennessee & North Carolina are completed and they comply with my part of these contracts as I undertook to do, and I hereby give them ample power and discrition to that end & even to consummate in writing the contract with the N. Western R. R. Company according to the written proposition made for myself & J. E. Patton & I especially request that my son William A. Patton who has been representing me in prosecuting the work on the said R. R. contracts will continue to do so & that he be fully compensated there for. The unsettled copartnership & other business between my brother J. E. Patton & myself my executors may defer until the two unfinished R.R. contracts are completed in making the estate settlement..
I appoint my sons James, William & Thomas Patton & James W. Patton & N. W. Woodfin as executors.
Wit; J. R. Osborn & J. M. Blair.
Signed James W. Patton
P.215. 22 March 1861..
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