Orange County NcArchives Wills.....Cate, Richard July 16, 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 B, pages 259-261
Written: July 16, 1793
Recorded: Feb 1794
Testator: Richard Cate

In the name of God Amen I Richard Cate of
the County of Orange and state of North Carolina
being at this time and good and perfect memory
through the mercy of God but weak and sickly in
body to make this my last will and Testament in
manner following that is to say --------------

I leave my beloved wife Emelia Cate my Negro
man Pompy and my Negro woman Frank dureing
her Natural life or widowhood also I leave all my
household Furniture and Stock of horses and Cattle
and hoggs also my waggon and gires[gears] dureing her
Natural life or widowhood also all my working
Tools for the same Time To support my children
upon Dureing their minority and at her decease
or widowhood to be equally divided amongst my
Eight children That is to Say James Jese Richard
Thomas John and Martha Susanah and Emilia[sic]

I Tem I give to my son James Cate the land whereon he
now lives from Marshels Branch and upwards include-
-ing the plantation it being part of a Tract of land I
purchast of Mr. Strudwick also my negro Boy Daniel

I Tem I give to my son Jese the Remainder of said
tract of land from Marshels Branch Downward
also 10 acres of land which I pruchast[sic] of John Durham
lying on the Big Road adjoining the land of Charles
Kelly also 100 acres of land which I purchast of
James Crawford a joining the land of Joab Durham
also 50 acres of land on the west side of Cain
Creek including Balls field begin[n]ing at the Corner
in Balls Me[a]dow Running up the Creek to the big
Branch so up sd Branch to the up[p]er end of Balls
Tobacco ground to a Spring then up sd hollow
Crossing the big road to Quinces line for comple[te]me
nt also my Negro Boy Dave --------------

I Tem I give to my son Richard all the Remainder
part of a tract of land which I prurchast[sic] of Thomas
Moore which is 381 acres also my negro boy Joe

[page 2]
I Tem I give To my son Thomas the Tract of land which
I Bought of Robert Tennan on the East Side of Cain
Creek and all my possessions a joyning Said Tract
on that side of the Creek Reserving to my beloved
wife the use thereof dureing her Natural life or
widowhood also my Negro girl Rachal

I Tem I give to my son John all my possessions on the
West side of Cain Creek including my mill Reserving
to my beloved wife the use of Said lands and Mill dure-
-ing her natural life or widowhood also to my son
John I give my negro girl Annaky --------------------

I Tem I give to my son Benjamin my Negro man named Nead
and his wife Lucy dureing his Natural life to be
put into the hands of a Trustee chosen by my executors
for his Natural Support after thire Death and after
his Deceas[e] to be equally Divided among my Eight[sic]
affore named children ----------------------------

I Tem I give to my daughter Martha Hasten my negro
woman Rhodea ------------------------------------

I Tem I give to my daughter Susannah my negro woman
Pegg ----------------------------------------------

I Tem I give to my daughter Emelia my Negro
girl Jinne --------------------------------------

and after my lawf[ul] debets is paid what Cash I have
with the said Crop which Can be spar[e]d from my
stock and family To be Sold by my Executors out
of which I give to my son John Two hundred Dollars
and if any Remainder be equally Divided amongst
my present family That is Jese Richard Thomas Benjamin
John Susannah Emelia and wife to cloath and School
Them My Desire is that my son Benjamin may live with
his Mother dureing his or her Natural life but if my
Executors Think him not well us[e]d I leave it in ther hand
to put him where he may be Better us[e]d

[page 3]
["Lastly I Constitute" erased]
Lastly I make and Constitute my beloved friend
Sackfeald Brewer and my Brother John Cate
and my son James Cate executors of this my last
will and Testament written with my own hand
this sixteenth day of July in the year of our Lord
one Thousand Seven hundrid and ninety Three

Signed Sealed
and declar[e]d to          Richard Cate (seal)
be his last will
and Testament
in the presents of us
us[sic] [w]ho were present

Barnard Cate {
Lewis Kirk   { Jurant

[page 4]
State of North Carolina}
                       }     February term 1794
Orange County          }
The Execution of the last will and Testament of
of[sic] Richard Cate [deceased] was duly proved in open Court
by the oaths of Barnard Cate & Lewis Kirk
the subscribing witnesses thereto and was
ordered to be recorded
                    A B Bruce CC

[Will Book Volume B, page 259]
In the name of God Amen I Richard Cate of the County
of Orange and State of North Carolina being at this time
and good and perfect memory through the mercy of God but
weak and sickly in body to make this my last will and
Testament in manner following that is to say.

I leave my beloved wife Emelia Cate my Negro man Pompy
and my Negro woman Frank dureing her Natural life or
Widowhood also I leave all my household Furniture and
Stock of horses and Cattle and Hoggs also my waggon &
gires[gears] during her Natural life or widowhood also all my
working Tools for the same time to support my Children
upon during their minority and at her decease or widowhood
to be equally divided amongst my Eight Children
that is to say James Jesse Richard Thomas John and Martha
Susanah and Emelia[sic]

I Tim I give to my son James Cate the land whereon he
now lives from Marshels Branch and upwards including
the plantation it being part of a Tract of land I purchased
of Mr. Strudwick also my negro Boy Daniel ~~~~~~~~~~~~

[Will Book Volume B, page 260]
I tim I give to my son Jesse the Remainder of said tract
of land from Marshals Branch Downward also 10 acres
of land which I purchast[sic] of John Durham lying on the Big
Road ajoining the land of Charles Kelley also 100 acres
of land which I purchast of James Crawford a Joining
the land of Joab Durham also 50 acres of land on the
west side of Cain Creek including Balls field begin[n]ing
at the Corner in Balls me[a]dow Run[n]ing up the Creek to the
big Branch so up sd. Branch to the up[p]er end of Balls
Tobacco ground to a Spring then up sd. hollow Crossing
the Big Road to Quinces line for Comple[te]ment also my
Negro Boy Dave. I Tim I give to my son Richard all
the Remainder part of a Tract of land which I purchast[sic]
of Thomas Moore which is 381 acres also my Negro boy [Joe]

I Tem I give To my son Thomas the Tract of land which
I Bought of Robert Tinnan on the East Side of Cain Creek
and all my possessions ajoining said Tract on that side
of the Creek Reserving to my beloved wife the use thereof
During her natural life or Widowhood also my Negro
Girl Rachal

I Tem I give to my son John all my possessions on the West
side of Cain Creek including my Mill Reserving to my
beloved wife the use of said Lands and Mill during her
Natural life or widowhood also to my son John I give
My Negro girl Annaky.
I tem I give to my son Benjamin my Negro man [named] Nead
and his wife Lucy During his Natural life to be put
into the hand of a trustee chosen by my Executors for his
Natural Support after thire death and after his deceas[e]
to be Equally divided among my Eight

[Will Book Volume B, page 261]
affore Named Children

I tim I give to my Daughter Martha Hasten my Negro
woman Rhodea

I tim I give to my Daughter Susannah my Negro [woman] Pegg

I tim I give to my daughter Emelia my Negro Girl Jinne
and after my lawful Debets is paid what cash
I have with the said Crop which Can be spared from
my stock and family To be sold by my Executors out
of which I give to my son John two hundred Dollars
and if any remainder be Equally Divided amongst
my present family that is Jese Richard Thomas
Benjamin John Susannah Emelia and wife to
Cloath and School Then my desire is that my son
Benjamin may live with his Mother during his
or her Natural life but if my Executors think him
not well us[e]d I leave it in hand to put him where
he may be better us[e]d

Lastly I make and Constitute my beloved friend
Sackfeald Brewer and my Brother John Cate
and my son James Cate Executors of my last will and
Testament written with my own hand this Sixteenth of
July in the year of our Lord one thousand [seven hundred] & nin[e]ty three
Signed Sealed and ["deliverd" x-out]
declared to be his last will             Richard Cate (seal)
and Testament in the present
of us who were present
Barnard Cate {
Lewis Kirk   {   Jurant  Oringe County February Court 1794
             {   The Execution of the last will and Testament
of Richard Cate was duly proved in open Court by [the oaths of]
Barnard Cate and Lewis Kirk the subscribing Witnesses
thereto and was ordered to be Recorded
                                   A B Bruce CC

Additional Comments:
Will Book Volume B, pages 259-261
Recorded Feb 1794

Wife referred to as Emelia and Emilia in Will, Milly in Estate papers.

The unusual notations about Benjamin being "well used" in the will is connected to an affidavit in the Estate Papers: "a jury to inquire into the Lunacy or Ediocy of Benj. Cate orphan of Richd. Cate Decd.", referring to the February Court Term of 1807 when John Cate was appointed Benjamin's guardian, resigning in 1810 with "Amelia Cate" taking his place as Benjamin's guardian.  Some of the Estate papers document the Amelia's petition regarding the income from the hiring out of Ned and Lucy between 1807 and 1810 and the income not being applied to Benjamin's benefit by John Cate and also prior to that by the executors...

"Hasten" surname is perhaps referred to in the Estate papers with reference to  "Henry Hastings"

Inventory of slaves is obviously taken after the distribution of the bequests in the will

Estate Papers comprise 31 pages and are found in a folder labeled "Cate, Richard (1794)"

[Estate Papers - Inventory May 1795]
  ...
One Negro man Pompy
One Negro woman frank
  ...
    May Term 1795