Orange County NcArchives Wills.....Cate, Benjamin December 2, 1798 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume C, pages 136-137 Written: December 2, 1798 Recorded: May 1799 Testator: Benjamin Cate In the name of God Amen, December 2nd Anno Domini 1798. I Benjamin Cate of the County of Orange & State of North Carolina, Being sick in body, but of Good & Sound memory thanks be to God, and Calling to remembrance the uncertain estate of this transitory Life, & that all flesh must yield to Death when it shall please God to call, do make Constitute ordain and Declare this my last will & Testament, in manner & form following, Revoking & annulling by these presents all and every Testament or Testaments, Will & Wills heretofore by me made & Declared either by word or writing & this to be taken only for my last will & Testament & none other; my desire is to be buried at the Reading house in a decent manner Imprimus I bequeath to my 5 Sons Viz. John Cate. Timothy Cate Jesse Cate, William Cate, & James Cate, each to have one Sixth part of all my Estate, Viz Lands Chattles and Tenements and every other thing. I also bequeath to my Wife Mary Cate one Sixth part (equal with the Boys.) of every thing I also Bequeath to my Daughter Mary Cate Fifteen pounds Currency of this State, to be paid her by my Executors, when she comes to be of age, and to bear Interest from my Disease [Decease], Item I give to Henry Hunts Oldest Boy Elijah Hunt the sum of five Dollars, Item also I give to David Nutts Oldest Boy John Nutt, the sum of five Dollars, I also desire that all my lawfull and Just Debts may be paid before any Division may be made, I hereby constitute ordain and appoint my Brother Richard Cate and William Cain Merchant both of Orange County, to be my Executors to this my last will and Testament, Revoking and annul[l]ing all other Wills, heretofore by me made either in word or writing and this to be my last will & Testament. In Witness whereof I have hereunto set my hand and Seal the day & Year first above Written ~~~ Signed & delivered In } the presence off[sic] } his Alex McMullan Jurat Benjamin (X) Cate (seal) Edward Wortham mark his William (X) Cate [mark] Richd. Cate quallified as Exr. [Will Book Volume C, page 136] In the name of God Amen. December 2nd Anno Domini 1798. I Benjamin Cate of the County of Orange and State of North Carolina, being sick in Body, but of Good and sound memory, thanks be to God & Calling to remembrance the uncertain Estate of this transitory Life, and that all flesh must yield to Death when it shall please God to call do make, Constitute, Ordain and Declare this my Last Will & Testament in manner & form following, Revoking & annulling by these presents all and Every Testament or Testaments Will and Wills heretofore by me made & Declared Either by word or writing & this to be taken only for my Last Will & Testament & none Other, my Desire is to be Buried at the Reading House in a Decent Manner ~~ Imprimus ~~ I Bequeath to my 5 Sons Viz. John Cate, Fimothy[sic] Cate, Jesse Cate, William Cate & James Cate [each] to have one sixth part of all my Estate, Viz. Lands Chattels and Tenements and Every Other thing, I also Bequeath to my Wife Mary Cate One sixth part (Equal with the Boys) of Every thing ~~ I also Bequeath to my Daughter Mary Cate Fifteen pounds Currency of this state to be paid her by my Executors when she comes to be of age and to bear Interest from my Decease ~~ Item I give to Henry Hunts Oldest Boy Elijah Hunt [Will Book Volume C, page 137] the sum of Five Dollars ~~ Item also I Give to David Nutt's Oldest son John Nutt the sum of Five Dollars ~~ I also Desire that all my Lawful and Just Debts may be paid before any Division may be made, I hereby Constitute, Ordain & Appoint my Brother Richard Cate and William Cain merchant both of Orange County, to be my Executors to this my Last Will and Testament ~~ Revoking and Annul[l]ing all other Wills heretofore by me made Either in Word or Writing and this to be my Last Will & Testament ~~ In Witness whereof I have hereunto set my hand & seal the day & year first above written ~~~ Signed, sealed & Delivered his in the presence of Benjamin (X) Cate (seal) Alexr. McMullan mark Edward Wortham his William (X) Cate mark Orange County May Term 1799 The Execution of the foregoing Last Will & Testament of Benjamin Cate deceased was duly proved in Open Court by the Oath of Alexander McMullan a subscribing Witness thereto and ordered to be Recorded ~~ at the same time Richard Cate Executor therein named qualified accordingly Test Additional Comments: Will Book Volume C, pages 136-137 Recorded May 1799 Estate Papers comprise five pages and are found in a folder labeled "Cate, Benjamin (1811)". This is the closest match, but does not seem to correlate well with this testator's estate. In addition to the above transcription, there is a page of accounts "exhibited by Milley Cate Guardian" for the same slaves in 1811-1817, minus Ned who died in 1808 as noted. [Estate Papers - Inventory Feb 1811] Orange County Court of Pleas and Queater Sessions Feby Term 1811 John Cates Humbly sheweth that he has been Guardian of Benjamin Cate son of Richard Cate Decd. for Three years and had in his possession at first five Negroes - Viz "Ned Lucy Lydda Sam & Daneil which said Negroes was Hired by sd. John Cash first in the year 1808 for £54- 4- In 1809 - for the sum of - - 27-15 In 1810 - Hire -- -- -- £40- 6 - _____________ 122- 5 ============ Ned died 25 July 1808 Amelia Cate for the Credit by cash paid Amelia Cate for boarding sd Benjamin [sundry information omitted]