THE WILL OF COLONEL ROBERT LOVE

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THE WILL OF COLONEL ROBERT LOVE
FOUNDER OF WAYNESVILLE, NORTH CAROLINA

Heirs, Names and Places contained in the will of Col. Robert Love:
Founder of Waynesville, North Carolina
Born:  1760, Tinkling Spring, Augusta Co., VA
Died:  17 July 1845, Waynesville, Haywood Co., NC
Buried:  Green Hill Cemetery, Waynesville, NC

Children:  Thomas Dillard Love (1784-1832); William Calhoun Love (1794-1838);
Dillard Love (1789-1872); John Bell Love (1791-1873); James Robert Love
(1798-1863); Anna Love 'Gudger' ; Winnifred Sophia Love 'Moore' 'Miller'
(1796-1873); Dorcas  Bell Love Henry (1797-1857); Mary Ann (Polley) Love
'Welch' (1805-1865); Sarah Bell (Sally) Love 'McBee' (1802-1870); Rebecca
Love 'Patton' (1807-1831)
Another Daughter:  Martha Webb Love 'Welch' (1799-1819) is not mentioned in
the will.
Grandchildren:  James Henry; John Patton; Mary E. Louisa Love 'Johnston';
Robert C. Love
Others Names Mentioned:  John Fergres; J. Evans; Jefferson Sitton; William
Johnston; James King; Banister Lurmens; S. Fitzgerald; John Strother; N.
Edmonston
Slaves:  Andrew; Vince Welch
Places:  Burt Cabbin; Protee Bottom Place; Cowan Tract; Richland Creek;
Scott's Creek; Powell's Branch; Madison County in the Western District of
Tennessee; Dogwood Corners; Washington County, TN; Western District of TN;
Meeting House Tract; Smith Shop; Jail; Love's Mills; Pigeon River; Old Road;
New Road

The name of the Love home was 'LOVE SPECULATION'.  It was set ablaze, along
with the jail in Waynesville, in Union raid on Waynesville under the command
of Col. Geo. W. Kirk, 3rd NC Mounted Infantry, in late February or early
March, of 1865.

THE WILL OF COLONEL ROBERT LOVE

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, being at this time reasonable and in sound and
disposing mind and memory thanks be to the giver of all blessing, for his
kind and 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 their house hold and all this worldy concerns in order at a
time when they are the most capable, and now under this conviction
I do make ordain and publish, this & this only to be my will and testament
in manner & form following, that is to say first - I give my soul to Almighty
God who first gave it to me.  And my body to the Earth to be decently buried,
and as to my worldly Estate I bequeath it in the following manner, (to wit)

First, I give, devise and bequeath to the children of my oldest son, Thomas D.
Love, now deceased, and to their heirs, and to Dillard Love, my third son,
and his heirs, all the lands which I own in the County of Washington in the
State of Tennessee to be equally divided between the heirs of the said Thomas
D. Love, deceased, and the said Dillard Love or his heirs.

I give, bequeath and devise to Robert C. Love and his heirs one tract of land
on Scotts Creek where John Fergres formerly lived and to Mary E. Louisa
Johnston one hundred acres of land to include the Burt Cabin to include the
improvements and to be run altogether on the north side of the road provided
always that said Mary E. Louisa Johnston doth die without any issue that may
live ten years there and that case, the said one hundred acres to descend and
be divided as my other property.

I give and 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
any interest I might have in any lands purchased when the partnership as to
merchandising existed in which he was a partner.

I give, bequeath and devise to the heirs of son, William C. Love, now
deceased, a tract of land near where he lived in Madison County in the
Western District of Tennessee near or joining where he lived known as Dogwood
Corner to such of his heirs as may live to have issue.

I give, devise and bequeath to my son, James R. Love, the tract of land where
he is now living and to be butted and bounded as follows (to wit):  Beginning
on the South Band of Richland Creek at a bunch of laurels a short distance
above my mills there running up said Creek with the meanders thereof to the
line of the Meeting house tract at the old Road Thence with the new Road to
the line of the Jail and Town corner.  And then on thence same course until a
line agreeable to the Town Lots.  Will leave Smith Shop four poles to the
South West, there to be continued the course of Town Lots until it strikes
the Small Creek at the foot of the hill, Thence up said Creek to a maple tree
corner to land belonging to William Johnston  Thence with the line of said
Land to its North East corner near a branch, Thence with its other line to
its South East corner and then till 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 James Kings, and there a long, Banister
Turner to a white oak corner, Thence with its other line to Richland Creek
and then with meanders of the same to the beginning at the bunch of Laurels
above the mill.

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 withouth any lawful
issue I then direct that it be equally divided among all my heirs.  Further I
give and bequeath to the said John Patton if he lives to have lawful issue
two young Negroes between ten and fifteen years of age and to be a male and
the other a female also a horse and saddle worth eighty dollars
also two cows and calves and two feather beds and furniture the above
property to be delivered to the said John Patton when he marries and is of
full age and this all I intend for him to have of my property.

I give and bequeath to my daughter, Anna Gudger, and to 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, Winney S. Miller, and her heirs forever
Negroes as I may have heretofore possessed her of and Also all such other
property as I may have possessed her of and to her and her heirs forever.

I give and bequeath to my daughter, Dorcas Henry, such Negroes as I gave and
possessed her of soon after marriage and all such stock and other property as
I may possessed her of to her and her heirs forever.

I give and bequeath to my daughter, Sally B. McBee, such Negroes as I gave
soon after her marriage and also such other property as I may have possessed
her of and to her and heirs forever.

I give and bequeath to my daughter, Mary Ann Welch, such Negroes as I gave
her after her marriage and also such other property as I may have possessed
her of & to her and her heirs forever.

It is hereby to be understood that the divide which I have made in the
foregoing part of this will to Robert C. Love and to Louise M. E. Johnston
pay to my executors if not paid before my death Eleven hundred and nine
dollars first deducting ninety six dollars out of the same for the hire of
Negro Vince Welch 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 fathers Estate further I
direct that the aforesaid to be paid to the heir of said Robert C. Love and
the legal heirs of the said Louisa M. E. Johnston which may have come from
her said body or otherwise to be paid to the legal heris of the said Robert
C. Love and with lawful interest on same.

And further I give and bequeath to my little Grandson, James Henry, son of my
daughter, Dorcas, a Negro boy to be of his age.  This I do account of his
misfortune of his losing the sight of his left eye.

Also I give and devise to my children hereafter named all my lands which I
may own in the Western district of Tennessee to be equally divided between
them by lot (to wit) Anna Gudger, Sarah B. McBee, Mary Ann Welch, the heirs
of Thomas D. Love, Dorcas B. Henry, Winney S. Miller, James R. Love, John B.
Love, Dillard Love, and the heirs of William C. Love and such tracts as each
has drawn for them on the 9th day of October 1838.  They be still entitled to
and as much of my other land in the said Western district as will make each
their lots equal to James R. Love which appears to the Lots of the highest
value the paper showing the different tract drawn for each one I direct to be
considered now a part of my will.

I also bequeath to my daughter, Dorcas Henry, the tract of land formerly
occupied by N. Edmonston Known as the Protee Bottom place for her attention
to me in my illness.

I also will and bequeath to my daughter, Polley Welch, for the attention she
has paid me all the lands lying and being in following boundary:
Beginning on a stake on the south to east side of the main road leading to
Scotts Creek at an old house built by Jefferson Sutton and keeping the road
to S. Fitzgerald's line of his land whereon J Evans now lives and there
turning and east corner with his line to Powells Branch to Welches line
thence with his line to his stable lot.  Thence with the town lots line to
the beginning.

It is also my Will and desire 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 there and in
that case the one or ones so offending shall forfeit any share in my property
which I may have allotted to them as an inheritance.  I also appoint James R.
Love, John B. Love, D. Love, James Gudger and William Welch Executors of this
my last will.  Given under my hand and seal this 13 day of May 1843.

R. Love (seal)

Attest
Wm. H. Thomas
Wm. Allman

I, J. Ratliff for the Clerk of the Superior Court of Haywood County, NC do
hereby certify that the foregoing is a true copy of the will of R. Love deceased
as appears from the records in my office given under my hand and seal of
office this 5th day of October 1870.

J. Ratliff for Clerk
Superior Court
Haywood County

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