Orange County NcArchives Wills.....Tate, Zacheus February 8, 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 118-120 Written: February 8, 1798 Recorded: May 1798 Testator: Zacheus Tate In the name of God Amen I Zaccheus Tate of the County of Orange and State of North Carolina being in a low State of health, But of sound and perfect mind and memory do Make Ordain and Establish this my Last Will and Testament in the following manner (Viz) First I Recommend my soul to God who gave it and desire that my Body be decently laid into the dust out of which it first was made, by my Executors hereafter to be appointed at the expense of my Estate ~~ ["and as" erased] Secondly as God has been pleased to bestow on me some Worldly Estate I will & dispose of it in the following Manner (Viz) I will & bequeath to my son John Tate & Grand Daughter Jean Mecham Tracey, Fifteen pound Each to be paid at the division of my Estate & to my Daughters Jean Tate, Lydia Tate and Udoxse Tate, as also my sons Zaccheus Tate, Volentine Tate Uriah Tate, Zephaniah Tate, Uzziah Tate and Zenas Tate Thirty pounds Each, to be paid also at the Division of my Estate -- Thirdly I Will and my desire is, that my estate remain and be kept Together by my Executor for any Term of time he shall think adviseable, for the raising, Educating and Support of my Young Children, and I hereby Commit the Care of my Chil- dren as well as Estate both Real and personal, to the direction and management of my Executor hereafter to be appointed for any term of time not exceeding six years at the expi- ration of which Term, (or sooner if my Executor thinks it is advise able) my Estate shall be divided amongst My Children and Grand Daughter heretofore named and my son Simpson Tate and Daughter Sally Spruce wife of Quinton Spruce in the following [page 2] Following manner, The Negroes to be laid off in lotts as nearly equal as possible by Men to be appointed by the Court and be drawn for my each Legatee, and a fair statement thereof with the Value of each lott and by whom drawn be returned to Court & recorded in the Clerks Office - and also that my land and every other part of my estate (Negroes excepted) be sold at public auction Twelve months credit Immediately after the expiration of the above mentioned term of six years pro- vided my Executor should not think fit to sell and divide the estate sooner, and after Making the lotts of negroes equal, and paying off the legacies heretofore bequeathed that the Balance be Equally Divided among my Children & Grand Daughter heretofore named ---- Fourthly, I Will that my Executor hold in his hands Jean Mechum Tracys part of my Estate untill she arrive at lawful age or Marriage and if she dies without Issue that her part be equally Divided amoung the rest of my legatees Fifthly I will, that if my son Simpson Tate dies without Issue lawfully begotten, that the part of my Estate he gets at the division, remain with his wife during her natural life and widowhood, and at her Death or marriage to be Equ[a]lly Divided amoung the rest of my legatees and their legal representatives Sixthly I will, that if any of my Children die without Issue that theirs shares of my Estate return and be equally Divided among the rest of my legatees & their lawful representatives -- Seventhly - a Negro Girl now in possession of my Daughter Sally Spruce named Easter is to be Considered a part of my Estate Estate, she being only lent till the division takes place and if my Daughter & her Husband Quinton Spruce refuses to deliver up the said Negroe Easter to my Executor to be divided with the rest of my Estate that they shall be Considered to have received their full share of my Estate and be entitled to no further part of it Eight[h]ly - I nominate Constitute and Appoint my Son John Tate Executor to this my Last Will & Testament, in Testimony wher[e]of I have hereunto set my hand and seal this Eighth day of February 1798 -- in the presence of } Zacchs. Tait (seal) Wm. Brackin James McClary } Jurat Exzr quallified [Will Book Volume C, page 118] In the name of God Amen, I Zaccheus Tate of the County of Orange and State of North Carolina being in a Low state of Health, but of sound and perfect mind & memory do make Ordain and Establish this my Last Will & Testament in the following manner (Viz) First I Recommend my soul to God who gave it and desire that my Body be decently laid into the dust out of which it first was made, by my Executors hereafter to be appointed at the Expense of my Estate ~~ Secondly as God has been pleased to bestow on me some Worldly Estate I Will & Dispose of it in the following manner (Viz) I Will and Bequeath to my son John Tate & Grand Daughter Jean Mecham Tracey fifteen pounds Each to be paid at the division of my Estate & to my Daughters Jean Tate, Lydia Tate & Udonse[?] ["& to my daughter Jean &" x-out] Tate as also my sons Zaccheus Tate Volentine Tate Uriah Tate Zephaniah Tate, Uzziah Tate and Zenas Tate thirty pounds Each to be paid also at the division of my Estate Thirdly I will and my desire is that my Estate remain and be kept together by my Executor for any Term of time he shall think adviseable for the raising Educating and support of my Young Children and I hereby commit the care of my Children as well as Estate both Real and [Will Book Volume C, page 119] personal to the direction and management of my Executor hereafter to be appointed for any time not Exceeding six years at the Expiration of which time (or sooner if my Executor thinks it is advisable) my Estate shall be divided amongst my children and Grand Daughter heretofore named and my son Simpson Tate and Daughter Sally Spruce wife of Quinton Spruce in the following manner The negroes to be laid off in Lotts as nearly Equal as possible by men to be appointed by the Court and be drawn for my Each Legatee and a fair statement thereof with the value of Each Lott and by whom drawn be returned to Court & recorded in the Clerk's Office - and also that my Land and Every other part of my Estate (negroes Excepted) be sold at publick auction Twelve months credit - Immediately after the Expiration of the above mentioned term of six years provided my Executor should not think proper to sell and divide the Estate sooner, and after making the Lotts of negroes Equal and paying off the Legacies heretofore Bequeath =ed that the balance be Equally Divided among my children and Grand Daughter heretofore named - Fourthly - I Will that my Executor hold in his hands Jean Mechum Tracy's part of my Estate until she arrive at Lawful age or marriage and if she dies without Issue that her part be Equally divided among the rest of my Legatees - Fifthly - I Will that if my son Simpson Tate dies without Issue Lawfully begotten that the part of my Estate he gets at the division remain with his wife during her natural life or widowhood and at her death or marriage to be Equally Divided among the rest of my Legatees and their Legal representatives - Sixthly - I Will that if any of my Children die without Issue that theirs shares of my Estate return and be Equally Divided among the rest of my Legatees and their lawful representatives - Seventhly - a negro girl now in possession of my Daughter Sally Spruce named Easter is to be considered a part of my Estate she being only [Will Book Volume C, page 120] Lent till the division takes place and if my Daughter and her husband Quinton Spruce refuses to deliver up the said negro Easter to my Executor to be divided with the rest of my Estate that they shall be considered to have received their full share of my Estate and be entitled to no further part of it - Eight[h]ly - I Nominate, Constitute and appoint my son John Tate Executor to this my Last Will & Testament In Testimony whereof I have hereunto set my hand & seal this Eight day of February 1798 -- in the presence of Zacchs. Tait (seal) Wm Brackin James McClary Orange County May Term 1798 The Execution of the foregoing last Will & Testament of Zaccheus Tate deceased was duly proved in Open Court by the Oath of James McClary a subscribing witness thereto & ordered to be Recorded at the same time John Tate Executor therein named qualified accordingly --- Test Additional Comments: Will Book Volume C, pages 118-120 Recorded May 1798 Estate Papers comprise nine pages and are found in a folder labeled "Tate, Zachius (1803)" Jean married George Smith Lydia married John Brown Zaccheus Tate had a daughter named Naomy who married _______ Tracy and died leaving one child, Jean Mechum Tracy John Tate died Dec 1802 without wife or child. [Estate Papers - Inventory 31 May 1798] An Inventory of the Estate of Zaccheus Tate Decd 16 Negroes (viz) David Pat Raul [Racel?] Jemima George Ruth Easter in possession of Q Spruce Bett Joan Abel Jane Samuel Little Pat Dilsey Ahas Mary [sundry items omitted]