Orange County NcArchives Wills.....Cate, Joseph December 24, 1793 ************************************************ 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 28-30 Written: December 24, 1793 Recorded: Aug 1794 Testator: Joseph Cate In the name of God Amen I Joseph Cate Being very weak in Body But of parfect Memry Do make and ordain this my last will and testament in manner and form folling first that my Bodey Be Desantly Bur[i]ed and then all my Jest Debts Be paid out of my Estate and the Rest of any Estate I give to my wif[e] Ann [interlined] all that is my household furnitu[re] as also my hoggs and Cattle and two horses Heep and gees[e] and the [ink blot] plantation where on I Now Doe live all During hir Widerheood and then to Be Devided my [w]hole land Betwe[e]n my three Suns and two Dafters[Daughters] - first I give and Bequeve to my Sun Steven the plantation where on he now lives to Cane Creek g[o]inning of John Cates line at the Mouth of hogg Bransh Sow Down the Said Creek Be low the Mouth of ---- turkeyhill Creek to James Kirks line and to my Sun Charl[e]s I give apart of my old trak of land that lies on Cane Creek g[o]inning of my Sun Steven Cate Begging at a White Oake and Black on the Creek Bank so to Run up a little Botum By a white oak and then to a locus tree nere the corner of the fanc[fence?] then to a little Mulbry tree then to a Bunsh of Sappling at the head of a little Spring and then turns and goes along to a lump of stones and Sasifeg Busk from thence ["through" x-out] through the feald to Cane Creek to a Spanish Oak By the old plantbed and sow Down the Creek to the firs[t] Station I also give to my Sun Solloman Cate apeace of of[sic] my old track of land g[o]inning of my Sun Charles Cate Beginning on Cane Creek at a Spanish Oake Charles Cates corner tree thin[then] up the Said Creek to a Beach[beech tree] on the Bank of Said Creek g[o]inning John Cates tine[line] so a long the said line to Thomas Basket line so along Baskits line to Thomas Durrams line so along Durrams line to the corner then along the old line to the little Spring Bransh so up the said Branch to the S[p]ring at the Bunch of Sapplins then a long Charl[e]s Cates line to the first Station and the Rest of my old track of land I leve to my ---- Dafter Eilsabeth Cate and Sall Cate with apeac[e] of a new tract of land I Boute[? bought?] of Mr Bruer Beginning at Thomas Durrams Corner tree so along Durrams line to the old paf[path?] so along the paf to the old feald so along the Eage[edge] of the old feald to the Corner then Streat to Cane Creek to a lump of Stones nere a[n] oak tree then up the Creek to Charles Cates Corne[r] so along his line to a loacus tree then to a mulbre[mulberry] tree then to the little Spring at the Bunsh of Sapplins sow Down the Spring Branch to the old line so a long the said line to the firs[t] Station and the Rest of my new tract of land I Bot of Mr Bruer I Give to my Sun Solloman Cate ------------------------- So turne over the lefe[leaf] to the other Side --------------- [page 2] and I Dow app[o]int my Brother Thomas Cate and my Wife Ann Cate to Be my Executers[sic] in full power of all my Con Serns Desember the twenty forth one Thousan[d] Seven hundred and Ninty three in Wittness Where of I Set my hand ["and" x-out] and Seale ----- ----- ----- ----- ---- his Witness presant Joseph (X) (seal) mark John Cate } her } Jurat Elisabeth (E) Cate } mark John Workman [Will Book Volume C, page 28] In the name of God Amen I Joseph Cate Being very weak in Body but of perfect memory Do make and ordain this my last will and testament in manner and form following first that my body be desantly Bur[i]ed and then all my Jist I give to my wif[e] Amer [insertion, see note 1] Debts Be paid out of my Estate and the Rest of any Estate all that is my household furnitu[r]e as also my hoggs and Cattle and two horses Heep and gees[e] and the plantation where on I now do live all during hir Widerhwod and then to be divided my [w]hole land betwe[e]n my three Suns and two Daughters ~~ first I give and bequeve to my Sun Steven the plantation where on he now lives to Cane Creek g[o]inning of John Cates line at the Mouth of hogg Branch saw[so] down the said Creek below the Mouth of turkey hill Creek to James Kirks line and to my Sun Charl[e]s I give apart of my old track of land that lies on Cane Creek g[o]inning of my Sun Steven Cate Beginning at a White Oake and black on the Creek Bank so to run up a little Botum by a white oak and then to a locus tree near the Corner of the fence then to a little mulberry tree then to a bunch of sappling at the head of a little Spring and then turns and goes along to a lump of Stones and Sasifey[Sassifras] Bush from thence through the field to cane Creek to a spanish Oak by the old plantbed and sow down the Creek to the first Sta =tion I also give to my Sun Soloman Cate a peace of of[sic] [Will Book Volume C, page 29] my old track of land g[o]inning of my Sun Charles Cate Beginning on Cane Creek at a Spanish oake Charles Cates corner tree then up the Said Creek to a Beach[beech tree] on the Bank of said creek g[o]inning John Cates line so a long the said line to Thomas Basket line so along Baskets line to Thomas Durhams line so along Durrams[sic] line to the corner then along the old line to the little Spring Branch so up the said Branch to the S[p]ring at the bunch of Sapplins then along Charles Cates line to the first station and the rest of my old track of land I leav[e] to my Daug[h]ter Elisabeth Cate and Sall Cate with a peac[e] of a new track of land I boate[bought] of Mr. Bruer Beginning at Thomas Durrans Corner tree so along Durrams line to the old paf[path?] so along the paf to the old feald so along the eage[edge] of the old feald to the Corner then streat to Cane Creek to a lump of stones nere a[n] oak tree then up the Creek to Charles Cates corne[r] so along his line to a loacus tree then to a Mulbre[mulberry] tree then to the little Spring at the bunsh of Sapplins sow down the Spring branch to the old line so a long the said line to the first Station and the Rest of my new tract of land I bote of Mr. Bruer I give to my Sun Solloman Cate ~~~~~~~~~ And I do appoint my Brother Thomas Cate and my Wife Ann Cate to Be my Executors in full power of all my conserns December the twenty fourth one thousand seven hundred & ninety three in the Witness whereof I set my hand and Seal [his] Witness presant Joseph (X) (seal) John Cate [mark] her Elisabeth (E) Cate mark John Workman [Will Book Volume C, page 30] The Execution of the last Will and testament of Joseph Cate was duly proved in open Court by the oaths of John Care Elizabeth & John Workman subscribing witnesses thereto & was ordered to be recorded ~~~~~~ for A.B. Bruce C.C. J McKerall D.C. Additional Comments: Will Book Volume C, pages 28-30 Recorded Aug 1794 Note 1: The will book version inserts "I give to my wife Ann" in the wrong place, and is not a good transcription of the original. It seems to have been added to both the loose will and the will book copy after they were both written. This will book copy preserves most of the original spellings from the loose will. This is not a common practice by the clerks who wrote in will books. Most of the wills routinely correct (or change) spellings, using the spellings that the clerk was familiar with. No estate papers found.