Orange County NcArchives Wills.....Cates, Thomas March 16, 1861 ************************************************ 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 G, pages 411-412 Written: March 16, 1861 Recorded: Nov 1863 Testator: Thomas Cates In the name of God Amen I Thomas Cates (of Preacher)(farmer)of the County of Orange and State of North Carolina being in feable health and of a sound and disposing mind and memory calling to mind the frailty and uncer- tainty of human life and being desirous of settling my worldly affairs and directing how the Estate with which it has pleased God to bless me shall be dis- posed of after my decease while I have strength and capacity to do so. First I commend my immortal being to Him Who gave it: and my body to the earth to be buried at Cane Creek Church Yard in decency. As to my Worldly estate and all the property real or personally[sic] or mixed of which I shall die seized and possessed or to which I shall be entitled at the time of my decease I devise bequeath and dispose thereof in the following manner. Viz. First my will is that all my just debts and funeral charges shall by my executor herein after named be paid out of my estate as soon after my decease as shall by him be found convenient. Item First. to my kind and beloved wife Martha Cates I give and bequeath a part of my home plant- ation. Bounded as follows; beginning at Hopson's Corner on the South side of my plantation, and running North to Hopson's line, thence the boundary on the East side to the first station, together with my home mansion and all out houses and every thing appertaining thereunto, and also, all my house hold and Kitchen furniture with all my stock Viz. horses, hogs, cows & sheep; to have and to hold during her Natural life or stay in Orange County North Carolina or - widowhood [page 2] And my executor by the concent[sic] of my widow shall sell off any of the above named property together with my far- ming utencils wagons Blacksmith tools and wheat fan at the highest bidder after my decease (except the lands and houses) & The money shall be put at Interest and the interest of the same shall be for the benefit of my widow during her natural life or stay in the County & state afforesaid. And at her death all of the remaining personal property and land shall be sold to the highest bidder And after all expenses shall have been paid the nett proceeds shall be equally divided among my named Children Viz. Arsena Pritchet Neverson Cates Ransom Cates Sarah Cheek (wife of Richard Cheek) Thomas E. Cates Martha Cates (wife of Thos. J. Cates) Piety Cates (wife of John E. Cates) Elizabeth E. Pickard (wife of Thos. W. Pickard) and William D. Cates. At the decease of my widow I also give and bequeath unto my son William D. Cates half my home plantation and all the improvements thereunto annexed: and the remaining part of my home plantation which I have not bequeathed unto my widow, I bequeath to my son William D. Cates at my decease. I make this provision for my son William D. Cates because I have not heretofore given him equal with my other named Children and I consider that it will take this to make him equal with my other named children. I appoint and constitute Thomas J. Cates my whole and sole executor of this my last will and testament and I do hereby utterly revoke all former bequests and wills confirming this and no other being my last will and testament. [page 3] Its being in the year of our Lord One Thousand Eight Hundred and Sixty One March the Sixteenth In testimony whereof I Thomas Cates (of Preacher) have set my hand signed my name and affixed my seal. The day and date above written in the presents of Thomas Cates (seal) Test ["Thomas Cates" x-out] Wm. Smith Wiatt Cates Jurat [Will Book Volume G, page 411] In the name of God Amen! I Thomas Cates (of Preacher)(farmer)of the County [of] Orange and State of North Carolina being in feable health and of a Sound and disposing mind and memory Calling to mind the frailty and uncertainty of human life and being and being[sic] desirous of settling my worldly affairs and directing how the Estate with which it has pleased God to bless me shall be disposed of after my decease while I have strength and capacity to do so First I Commend my immortal being to him who gave it; and my body to the earth to be buried at Cane Creek Church Yard in decency. As to my Worldly estate and all the property real or personal or mixed of which I shall die seized and possessed or to which I shall be entitled at the time of my decease. I devise bequeath and despose[sic] thereof in the following manner Viz. First[sic] my will is that all my Just debts and funeral charges shall by my Executor herein after named be paid out of my estate as soon after my decease as shall by him be found convenient Item First[sic] To my Kind and beloved wife Martha Cates I give and bequeath a part of my home plantation Bounded as follows beginning at Hopsons Corner on the South side of My plantation and running North to Hopsons line thence the boundary on the east side to the first station together with my home mansion and all out houses and every thing appertaining thereunto and also all my household and Kitchen furnature[sic] with all my stock Viz horses hogs cows & sheep to have and to hold during her Natural life or stay in Orange County North Carolina or widowhood And my Executor by the Consent of my widow shall sell off any of the above named property together with my farming utencils[sic] wagons Blacksmith Tools and Wheat fan at the highest bidder after my decease Except the lands and houses & [Will Book Volume G, page 412] the money shall be put at Interest and the Interest of the same shall be for the benefit of My widow during her natural life or stay in the County & state aforesaid And at her death all of the remaining personal property and land shall be sold to the highest bidder. And after all Expenses shall have been paid the net proceeds shall be Equally divided among my named Children Viz. Arena Pritchett Neverson Cates Ransom Cate[s] Sarah Cheek wife of Richd. Cheek Thos. E Cates Martha Cates wife of Thos. J. Cates Piety Cates wife of Jno E Cates Elisabeth E Pickard wife of Thos. W. Pickard and William D Cates. At the decease of my widow I also give and bequeath unto my son William D Cates half my home plantation all the improvements thereunto annexed. And the remaining part of my home plantation which I have not bequeathed unto my widow. I bequeath to my son William D Cates at my decease I make this provision for my son William D Cates because I have not heretofore given him equal with my other named children and I consider that it will take this to make him equal with my other named children I appoint and Constitute Thos. J. Cates my whole and sole Executor of this my last will and testament And I do hereby utterly revoke all former bequests and wills confirming this and no other being my last will and testament Its being in the year of our Lord one thousand Eight hundred and Sixty one March the Sixteenth In testimony whereof I Thomas Cates (of Preacher) have set my hand signed my name and affixed my seal the day and date above written Test Wm. Smith Thomas Cates (seal) Wiatt Cates Orange County Court Novr. Term 1863 The foregoing last will and Testament of Thomas Cares was duly proven in open Court according to Law and order[e]d to be recorded Additional Comments: Will Book Volume G, pages 411-412 Recorded Nov 1863 Estate Papers comprise 18 pages and are found in a folder labeled "Cates, Thomas (1864)". No family history found. Comment about recent war in these papers: "But owing to the state of the Country and the great uncertainty of knowing who is reliable, he presents his petition praying for an order to sell said personal property for cash --" Per FindAGrave there is no marker for this Thomas Cates in Cane Creek Baptist Church Cemetery, although there are 59 Cates markers there.