Wayne County, NC - Will of PATE, Elijah - 1873

File contributed for use in USGenWeb Archives by 
William S. Pate, Jr. <chip@pateandassociates.com>

WILL OF ELIJAH PATE (1863)
OF WAYNE COUNTY, NORTH CAROLINA

In the name of God amen.
     I Elijah Pate of the state of North Carolina and county of Wayne being
of sound and perfect mind and memory blessed be God do on this the
nineteenth day of January one thousand eight hundred and sixty-two make and
publish this my last will and testament in the manner and form as follows
viz that my body shall be buried as my friends see proper to do it and all
my just debts and expenses paid and any and every thing else which I
possess or that I may posess (sic) at the time of my death I lend to my
dear beloved wife Sarah Pate to have and to use and have the benefit of
during her natural lifetime or widowhood eccept (sic) three beds, bedsteads
and furniture and one shot gun the three beds eccepted is to be the three
choice beds.
     Item.  I give and bequeath to my daughter Lavinia Pate whenever she
becomes free or leaves her mother the choice bed bedstead and furniture
which I have eccepted to she and her heirs forever.
     Item.  I give and bequeath to my daughter Henrietta Pate at her
departure from her mother the second choice bed bedstead and furniture
which I eccepted to she and her heirs for ever.  I also give to my son
Lewis B. Pate the third bed bedstead and furniture which I have eccepted to
be taken when ever he leaves his mother and also my double barrel shot gun
to him and his heirs forever and it is my will and desire at the death or
marriage of my wife Sarah Pate that all the lands and stock and property of
every description that I posess or that I may posess at the time of my
death not here tofore given away be equally divided between my lawful
heirs.

Signed sealed
Elijah Pate
the day and date above
(signed)
mentioned in presence of
James H. Pilkinton
Henry Pate

Wayne Court August term 1863

The foregoing paper writing purporting to be the last will and testament of
Elijah Pate deceased is exhibited for probate in open court and the
execution thereof by the said Elijah Pate is proved by the oath and
examination of Benjamin Stricklin and Shade Pate who testify that James H.
Pilkinton and Henry Pate the subscribing witnesses thereto are in the
military service of the Confederate States.  Benjamin Stricklin further
testifies that he is well acquainted with the handwriting of the said Jas
H. Pilkington and he believes the signature to the above paper writing
purporting to be his is in his own proper handwriting and the witness Shade
Pate further testifies that he is well acquainted with the handwriting of
the said Henry Pate the other subscribing witness thereto and that he
believes the signature to the above paper writing purporting to be his is
in his own proper handwriting.  It is therefore considered by the court
that the said paper writing and every part thereof is the last will and
testament of the said Elijah Pate and the same is ordered to be recorded 
and filed.  And thereupon Gard Thompson is duly qualified as administrator 
with the will annexed by taking the oath required by law and entering into 
bond in the sum of $1000. with Willoughby Pate surity.  1863
Signed by clerk.

================================================================

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.

===============================================================