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(13 May 1842)
Col. Robert Love’s Will, (1760 to 1845)
In the name of God, Amen!
I, Robert Love, of the town of Waynesville in the County of Haywood in the State of North Carolina, at this time being in reasonable health and sound and disposing mind and memory-thanks be to the Giver of All Blessings for his kind & tender mercies to me-but calling to mind the mortality of my Body, and believing that it is right and necessary for all men, as the Good old Book saith, to dispose of all their household and all the worldly concerns in order at the time they are the most capable, and now under this connection I do make, ordain and publish this and this only to be, my last Will and Testament, in manner and form following, that is to say, FIRST, I give my soul to Almighty God, who first gave it me, and my body to the Earth to be decently buried, and as to my worldly estate, I give and bequeath it in the following manner, (towit) First, I give, devise and bequeath to the children of my oldest son, Thomas D. Love, no deceased, and to their heirs and to Dillard Love, my third son, and to his heirs, all the land which I own in the County of Washington in the State of Tennessee. To be equally divided between the heirs of said Thos. D. Love, deceased, and the said Dillard Love and his heirs.
I give, bequeath and devise to Robert C. Love and his heirs, one tract of land on Scots Creek where John Furgue formerly lived; and to Mary E. Louisa Johnston, one hundred acres of said land to include the Burnt Cabin to include the improvements and to be run altogether on the North side of the road, provided always that if the said Mary E. Louisa Johnston doth die without any issue that may live ten years, then and on that event, the said one hundred acres to descend and to be divided as my other property.
I give, bequeath and devise to my son, John B. Love, the tract of two hundred acres of land where he is now living, and also the tract of land joining below, known as the Cowan tract, where my Negroes are living, and also all my interest which I may have in any land by him purchased when the partnership as to merchandising existed in which he was a partner.
I give, bequeath and devise to the heirs of my son, Wm. C. Love, no deceased, a tract of land near where he live in Madison County in the western District of Tennessee, near or joining where he lived, know as the Dogwood Corner, to such of this heirs as may live to have issue.
I give, devise and bequeath to my son, James R. Love, the tract of land whereon he now lives, and to be butted and bounded as follows, (towit) beginning on the South side of Richland Creek at a bunch of Laurels a short distance above my mills, then running said Creek with the meanders thereof to the line of the Meeting House tract at the old road, then with the new road to the line of the Jail and Town Lots on the North side, and then with the line of the said Town Lots to the North East corner, and then on the same course of the Town Lots will leave my Smith Shops four poles to the South West, and then to be continued the course of the Town Lots until it strikes the small Creek at the foot of the Hill, ten up said Creek to a Maple tee corner to land belonging to Wm. Johnston, then with the line of said land to its North East corner near a branch, then with its other line to its South East corner and until it strikes the South Boundary of a tract of land conveyed to me by John Strother, and then on that line and the line of a tract of land that formerly was John King’s, and then along Banister Turner’s to a White Oak its corner, then with its other line to Richland Creek, and then the meandering of the same to its beginning at the bunch of Laurels above the Mills.
I give and bequeath to my grandson, John Patton, the son of my deceased daughter, Rebecca, a tract of land on Pigeon River, at the Mouth of Richland Creek and the same where my old Negro, Andrew, is now living, and to the heirs of his body lawfully begotten. But in case he should die without any lawful issue, I then direct that it be equally divided among all my heirs; further, I give and bequeath to the said Patton, if he lives to have lawful issue, two young Negroes between ten and fifteen of age, and one to be a male and the other a female, also a horse & saddle to be worth eighty dollars, also two cows and calves and two feather beds and furniture. The above property to be delivered to the said Patton when he marries and is of full age, and this is all I intend for him to have of my property.
I give and bequeath to my daughter, Anna Gudger, and her heirs forever, the Negroes and such other property as I may have given her soon after marriage, and to her heirs forever.
I give and bequeath to my daughter, Winny S. Miller, and to her heirs forever, the such Negroes as I may have hereunto possessed her of, and also all such other property as I may have possessed her of, and to her heirs forever.
I give and bequeath to my daughter, Dorcas Henry, such Negroes as I gave and possessed of soon after her marriage, all such stock and other property as I may have possessed her of, to her and her heirs forever.
I give and bequeath to my daughter, Sally B. McBee, such Negroes as I may have given soon after her marriage, and also such other property as I may have possessed her of, and to her and her heirs forever.
I give and bequeath to my daughter, Mary Ann Welch, such Negroes as I gave her soon after marriage, and also such other property as I may have possessed her of, and to her and her heirs forever.
It is hereby understood that the devise which I have made in the foregoing part of this Will to Robert C. Love and to Louisa M.E. Johnston pay to my Executors, if no paid before my death, eleven hundred and nine dollars, first deducting ninety six out of the same for the hire of Negro Vince, which leaves a balance of one thousand and thirteen dollars, with interest on the same from the 10th day of October 1832. This appearing to be the sum which I paid toward their deceased Father’s Estate, further, I direct that the aforesaid sum be paid to the heirs of the said Robert C. Love, and the legal heirs of said Louisa M. Johnston, which may have come from her said body or otherwise, to be paid to the legal heirs of the said Robert C. Love and with lawful interest on the same.
And further I give and bequeath to my little grandson, Jas. Henry, son of my daughter, Dorcas, a Negro boy to be of his age. This I do on account of his misfortune of losing the sight of his left eye.
Also, I give and devise to my children hereafter named all my land which I may own in the Western District of Tennessee to be equally divided between them by lot(towit) Anna Gudger, Sara B. McBee, Mary Ann Welch, the heirs of Thomas D. Love, Dorcas B. Henry, Winny S. Miller, James R. Love, John B. Love, Dillard Love and the heirs of William C. Love-and such tracts as each had drawn for them on the 9th day of October 1838, to be still entitled to and as much of my other land in the said Western District as will make each of their lots equal to Jas. R. Love’s, which appeared to be the lot of the highest value. The paper showing the different tracts which was drawn for each one, I direct to be considered now a part of my will.
I also give and bequeath to my daughter, Dorcas Henry, the tract of land formerly occupied by N. Edmonston known as Probe Bottom place on Pigeon River, Haywood County, for her attention to me during my illness.
I also give and bequeath to my daughter, Polly Welch, for the attention which she has paid me, all the land lying and being in the following bound; -Beginning on a stake on the South East side of the main road leading to Scott’s Creek at an old house built by Jefferson Sutton and keeping the road to S. Fitzgerald’s line of his land whereon J. Ivans now lives, then turning and East course with his line to Powell’s Branch, then down that branch to lelch’s line, then with his line to his stable lot, then with the Town Lots line to the beginning.
It is also my will and devise that if any of my heirs or legal legatees should be dissatisfied with this my Will and should bring a suit or cause a suit to be brought to destroy this my last Will and Testament, then and in that case, the one or ones offending shall forfeit any share in my property, which I may have allotted to them as an inheritance.
I also appoint J.R. Love, J.B. Love, D. Love, Jas. Gudger and Wm. Welch Executors of this my last Will and Testament. Given under my hand and seal this 13th day of May 1842.
Attest. R. Love, (Signed)
Note: here he goes on and sets out the lots of land referred to above, and which is no more than he has state, simply seeking to make a fair division of all of his property, giving to each one an equal share. F.D. Love,