Wayne County, NC - Will of Bryan Pate - 1855 File contributed for use in USGenWeb Archives by William S. Pate, Jr. BRYAN HANDLEY PATE, SR. WILL Recorded February 1856 Submitted by William Snyder (Chip) Pate, Jr. I, Bryan H. Pate, Sr., of the County of Wayne and State of North Carolina, being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last will and testament in manner and form following, that is to say First, I loan to my beloved wife Zilpha my home plantation during her natural life or widowhood which is bounded as follows. Beginning at a stake on the run of Stoney Creek, corner between me and the heirs of Joseph Pate, and runs down the said creek as it meanders to the mouth of a ditch which runs through the plantation, then up said ditch to a turn, then same course continued to the back line, then with the back line between me and Joseph Pateís heirs to the beginning, and after her decrease or widowhood to be sold and the money equally divided between my four youngest children, Zilpha, Avy Jane, James K.P. and Thomas J.D. Pate. I also loan her during her natural life or widowhood four Negroes named Hannah, Dick, Needham, Alexander, and after her death or widowhood equally divided between my four above named children. I also give her one Negro boy named Hack to be hers forever and four choice cattle & eight head sheep, all my stock hogs, two horses, namely, Jim a bay horse and the sorrel mare, all the household and kitchen furniture, all the farming utensils that she may want, all the cotton and wool, raw or spun, all the poultry of all kinds, one single steer and lightest cart, and also one years provision for herself and family, also my buggy. I give to my son Major I. Pate two Negroes named Georg & Patrick to him and his heirs forever. Item 3--I give to my son Dewit Clinton one Negro named Allen and the land he lives upon to him and his heirs forver. Item 4--I give to my son Coor Pender the Jesse Pate tract of land which is bounded as follows. Beginning at the mouth of the ditch at the corner of my wifeís tract and runs down the said Stoney Creek as it meanders to the turn of the big ditch just below the road, then up the other ditch to Exum Howellís ditch, then up his ditch to the mill tail, then up the edge of the mud as it meanders to a small branch, then up the meanders of said branch to the head thereof then with a line between Jesse [?] and Daniel Pate near the back line, then same course continued to the back line then with the heirs of Joseph Pate line to the corner of my wifeís land, then with her line to the beginning and one Negro boy Woodard one bed and its necessary furniture without any stead to him and his heirs forever. Item 5--I give my son Bryan H. Pate one tract of land called the Daniel Pate tract which is bounded as follows. Beginning at the mill tail and runs with the ditch below the mill dam to the spring ditch to Thomas Crumplerís corner, then with his line up the branch as it meanders to Major Terrillís ___ corner, then with his line to his other corner, then same course continued to the back line, then with the line between me and the heirs of Joseph Pate to the corner of Coor Penderís tract, then with his line to the beginning, also one Negro boy named Alfred to him & his heirs forever. I also give to my sons Bryan H. and Coor P. the tract I bought of Uriah Langston lying on the little swamp adjoining the lands of Thomas R. Vinson and others and my yoke of oxen and ox cart to be equally divided to them and their heirs forever. Item 6--I give to my daughter Matilda Howell, wife of Charles Howell, one Negro boy named Kedar [or Kidar] to her and her heirs forever. Item 7--I give to my daugher Mary Lancaster, wife of Levi Lancaster, one Negro boy named Jess to her and her heirs forever. Item 8--I give to my daughter Apsilla Lancaster, wife of Daniel Lancaster, one Negro girl Eliza, and her and her increase forever, to her and her heirs forever. All the residue of my property which I have not willed is to be sold to pay my debts, including my interest in the turpentine still & sundry other articles, and after paying all my debts the remainder equally divided among DeWit C. Pate, Mary Lancaster and Apsilla Lancaster. And lastly I do hereby constitute and appoint my two sons DeWit C. and Coor P. Pate my lawful executors to all intents and purposes to execute this last will and testament according to the true intent and meaning of the same and every and clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. In witness whereof I, the said Bryan H. Pate Sr., do hereunto set my hand & seal this 18th day of A.D. 1855. Signed sealed published and declared ) by the said Bryan H. Pate Sr. to be his last will ) and testament in the presence of ) Bryan H. Pate us who at his request and in ) (seal) his presence do subscribe our names ) as witnesses thereto ) Witness W.A. [?] Thompson Silas Pate [Note: Some commas and indents added to make the text more readable, particularly where land boundaries are described.] ================================================================ USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. ===============================================================