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Orange County NcArchives Wills.....Tate, Zacheus February 8, 1798
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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]