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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
(Related reading listed below.)
Recommended Reading: Ancestry's Red Book: American State,
County & Town Sources, Third Revised Edition [ILLUSTRATED] (Hardcover) (900 pages). Description:
No scholarly reference library is complete without a copy of Ancestry's Red Book. In it, you will find both general and specific
information essential to researchers of American records. This revised 3rd edition provides updated county and town listings
within the same overall state-by-state organization. Whether you are looking for your ancestors in the northeastern states,
the South, the West, or somewhere in the middle, Ancestry's Red Book has information on records and holdings for every county
in the United States, as well as excellent
maps from renowned mapmaker William Dollarhide. Continued below…
In short, the 900 page Red Book
is simply the book that no genealogist can afford not to have. The availability of census records such as federal, state,
county, city, town, and territorial census reports is covered in detail. Vital records are also discussed, including when
and where they were kept and how. Organized by state, Ancestry's Red Book helps you find information-rich resources for all
kinds of records all across America.
Related Reading:
Editor's Recommended
Reading: Western North Carolina: A History from 1730 to 1913 (Hardcover)
(679 pages). Description: From the introduction
to the appendix, this volume is filled with interesting information. Covering seventeen counties—Alleghany, Ashe, Avery,
Buncombe, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, Mitchell, Swain, Transylvania, Watauga, and
Yancey—the author conducted about ten years searching and gathering materials. Continued below...
About
the Author: John Preston Arthur was born in
1851 in Columbia,
South Carolina. After relocating to Asheville,
North Carolina, in 1887, he was appointed Secretary of the Street Railway Company,
and subsequently the Manager and Superintendent until 1894. Later, after becoming a lawyer, he was encouraged by the
Daughters of the American Revolution (D.A.R.) to write a history of western
North Carolina.
Recommended
Reading: The Tar Heel
State: A History of North Carolina
(Hardcover). Description:
The Tar Heel State: A History of North Carolina constitutes the most comprehensive and inclusive single-volume chronicle of
the state’s storied past to date, culminating with an attentive look at recent events that have transformed North Carolina into a southern megastate. Integrating tales of famous
pioneers, statesmen, soldiers, farmers, captains of industry, activists, and community leaders with more marginalized voices,
including those of Native Americans, African Americans, and women, Milton Ready gives readers a view of North Carolina that
encompasses perspectives and personalities from the coast, "tobacco road," the Piedmont, and the mountains in this sweeping
history of the Tar Heel State. The first such volume in more than two decades, Ready’s work offers a distinctive view
of the state’s history built from myriad stories and episodes. The Tar Heel State is enhanced by one hundred and ninety
illustrations and five maps. Continued below...
Ready begins
with a study of the state’s geography and then invites readers to revisit dramatic struggles of the American Revolution
and Civil War, the early history of Cherokees, the impact of slavery as an institution, the rise of industrial mills, and
the changes wrought by modern information-based technologies since 1970. Mixing spirited anecdotes and illustrative statistics,
Ready describes the rich Native American culture found by John White in 1585, the chartered chaos of North Carolina’s
proprietary settlement, and the chronic distrust of government that grew out of settlement patterns and the colony’s
early political economy. He challenges the perception of relaxed intellectualism attributed to the "Rip van Winkle" state,
the notion that slavery was a relatively benign institution in North Carolina,
and the commonly accepted interpretation of Reconstruction in the state. Ready also discusses how the woman suffrage movement
pushed North Carolina into a hesitant twentieth-century
progressivism. In perhaps his most significant contribution to North Carolina’s
historical record, Ready continues his narrative past the benchmark of World War II and into the twenty-first century. From
the civil rights struggle to the building of research triangles, triads, and parks, Ready recounts the events that have fueled
North Carolina’s accelerated development in recent years and the many challenges that have accompanied such rapid growth,
especially those of population change and environmental degradation.
Recommended
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Touring the Western North Carolina Backroads (Touring the Backroads). Editorial Review: This guidebook, unlike most, is so encyclopedic in scope that I give it as a gift to newcomers
to the area. It is also an invaluable reference for the visitor who wants to see more than the fabulous Biltmore Estate. Even
though I am a native of the area, I learned nearly everything I know about Western North Carolina
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of carefully drawn sections of backroads that you can follow leisurely without getting lost. Continued below...
The author
is completely absent from the text. The lucid style will please readers who want the facts, not editorial comment. This book,
as well as the others in this publisher's backroads series, makes an excellent gift for anyone, especially the many seniors
who have relocated, or are considering relocating to this fascinating region. It is also a valuable reference for natives,
like me, who didn't know how much they didn't know.
Recommended
Reading: Encyclopedia of North Carolina
(Hardcover: 1328 pages) (The University of North Carolina Press), Description: The first single-volume reference to the events, institutions, and cultural forces that have defined
the state, the Encyclopedia of North Carolina is a landmark publication that will serve those who love and live in North Carolina
for generations to come. Editor William S. Powell, whom the Raleigh News & Observer described as a "living repository
of information on all things North Carolinian," spent fifteen years developing this volume. With contributions by more than
550 volunteer writers—including scholars, librarians, journalists, and many others—it is a true "people's encyclopedia"
of North Carolina. Continued below...
The volume includes more than 2,000 entries, presented
alphabetically, consisting of longer essays on major subjects, briefer entries, and short summaries and definitions. Most
entries include suggestions for further reading. Centered on history and the humanities, topics covered include agriculture;
arts and architecture; business and industry; the Civil War; culture and customs; education; geography; geology, mining, and
archaeology; government, politics, and law; media; medicine, science, and technology; military history; natural environment;
organizations, clubs, and foundations; people, languages, and immigration; places and historic preservation; precolonial and
colonial history; recreation and tourism; religion; and transportation. An informative and engaging compendium, the Encyclopedia
of North Carolina is abundantly illustrated with 400 photographs and maps. It is both a celebration and a gift—from
the citizens of North Carolina, to the citizens of North Carolina. "Truly an
exhaustive and exciting view of every aspect of the Old North
State!”
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