ANTECEDENTS AND DESCENDANTS
of
ROBERT EZRA CATES
(1667 - AFT 9 April 1728 and BEF 18 February 1728/29)

Finding Your Folks

The Cates Family ... From England to Coweta, Part 1

By JUDY FOWLER KILGORE
jkilgore@thecitizennews.com

Ken Arnold, who so generously shared information on the Arnold family of Coweta, recently submitted information on the Cates family, also of Coweta.

Ken has been doing genealogy since 1979 and lives in New York state. He says his cousin, Haynie Summers of Turin, is responsible for his interest in genealogy and his research has taken him to England and Ireland, as well as to the deep South.

In the book, "The History of Coweta County," the Cates family is mentioned in conjunction with the Robinson family. However, the Coweta book does not go as deeply into the roots of the Cates family as Ken does, so this may be new information for some of you. Ken's work is documented with ship manifests, books found in the Virginia State Library, court records, other official records and information from other researchers.

Ken has traced the Cates family back to a William Abraham Cates who married Margaret Agnes Unknown and raised at least two sons in Colyton, Devon, England. Nearly 200 years later, William Abraham's great-great-great-grandson, Asa Cates, would be one of the early settlers of Coweta county, arriving about 1832 from Newberry Dist., S.C.

But, to tell the full tale, our story begins with the two sons of William Abraham and Margaret Agnes Cates, Robert and Richard Cates, back in 17th century England.

Robert Ezra Cates, b. 21 Aug. 1667, and Richard Nehimiah Cates (birth date unknown) were raised in England and both migrated to Surry County, Va. in the late 1600s.

Robert was christened at St. Andrew Church in Colyton and was involved with Calvinism which later evolved into the Presbyterian Church. He became a Quaker after his arrival in America.

Robert is shown as a passenger on the manifest of the merchant ship "Bengal," in 1689, and was indentured that same year to Peter Wyke, a tobacco planter, for a four-year term.

Little more is known of Robert's brother, Richard, after his arrival in America other than the fact that he was indentured to Benjamin Harrison Jr. near Henrico Co., Va. on the James River. The absence of further records leads to the assumption that he died or ran away before the term of indenture was completed.

Robert Ezra, however, completed his indenture and, on 1 April 1695, announced in court that he was departing Henrico County. He moved south across the James River into Prince George County and, about 1698, married his wife, known only as "Ann," with whom he had six sons: Robert Cates, b. 1700 in Va., d. aft 5 Nov. 1765, Orange Co., N.C.; William Cates, b, abt 1702 in Va.; Thomas Cates, b. abt 1704 in Va., d. 1770; Benjamin Cates, b. abt 1706 in Va.; John Cates, b. abt 1708 in Va.; and Richard Cates, b. abt 1710 in Va., d. aft 1789 in Prince George Co., Va. By 1704, Robert owned 100 acres of land in Prince George County.

In 1719, the Burleigh Meetinghouse (Quaker) was formed and Robert attended church there. His signature is shown on several marriage certificates and records of ceremonies performed there in 1723 and 1724.

On 18 Feb. 1829, the county court of Prince George County ordered an appraisal of Robert's estate, so it is presumed that he died before that date. The inventory was made in March and included normal farming tools and household items, but the most important items listed were two pieces of tanned leather and two pieces of shoemaker's tools. These, of course, are positive indications that Robert was a shoemaker by trade. The inventory was signed by Ann (A) Kate. (Ken gives credit for the above research to Banks Cates of Charlotte, N.C.)

Robert Cates, first son of Robert Ezra and Ann Cates, moved to North Carolina from Virginia sometime before 1750, as land records show he owned land in Bladen Co. in 1750 and Orange Co. in 1753 and 1756. Orange County records show he received land in 1756 from the "Earle of Granville ... on the south side of the Haw River, on the bank of the river and down the waters of Terrells Creek."

Robert Cates married Elizabeth Unknown, with whom he had six children: Thomas Cates, b. abt 1730, d. abt 1817, Newberry Dist., S.C.; John Cates; Richard Cates, b. abt 1732; Sarah Cates, b. abt 1734; Joseph Cates b. abt 1736 in Orange Co., N.C., d. aft 24 Dec 1793, Orange Co., N.C.; and Barnard Cates, who died after 1826 in Orange Co., N.C.

Robert's will was dated 5 Nov. 1765 in Orange County, and lists his wife, children and one granddaughter. The will was probated in the March term of court, 1767. His sons, Thomas and Joseph were executors.

Thomas Cates, first son of Robert and Elizabeth Cates of Orange County, was sometimes referred to as "Road Tom," because of his job as a surveyor. He was first married about 1757 in North Carolina to Elizabeth Fussell, daughter of Aaron and Elizabeth Fussell, with whom he had eight children. He married a second time, sometime after 1806, to Yourath (Urith) McMillian, daughter of Alexander McMillian. Thomas died in Newberry Dist., S.C. abt 1817.

Next week, we'll learn more about Thomas' family and bring his descendants into Georgia.

You may e-mail Ken at karnold2@bellsouth.net if you are connected to or want to know more about this family.

If you have stories about your ancestors, their families, your research or genealogy tips, send them to The Citizen, Drawer 1719, Fayetteville, GA 30214; E-mail jkilgore@thecitizennews.com or jodiek444@aol.com.

Until next week, happy hunting!

(Judy regrets that time does not permit her to do personal research for others, but she will willingly share research information on her own family lines.)

Finding Your Folks

The Cates Family ... From England to Coweta, Part 2

By JUDY FOWLER KILGORE
jkilgore@thecitizennews.com

We continue this week with the family history and descendants of William Abraham and Margaret Agnes Cates of Colyton, Devon, England, having followed their two sons, Robert Ezra and Richard, from England to Surry Co., Va. in 1689, where we lost track of Richard Cates during his indenture. It is thought that Richard either died or ran away, since there are no further records of his existence.

Robert Ezra, the other son, moved into Prince George County, Va., and his descendants are known to have migrated first to Bladen Co., N.C., then to Orange Co, N.C. and then to Newberry Dist., S.C. The Coweta Cates family's lineage is from Robert Ezra to Robert (Jr.), to Thomas Cates, referred to as "Road Tom" because of his job as a surveyor. Thomas married first Elizabeth Fussell and second Yourath (Urith) McMillian. And that's where we pick up this week.

Thomas and Elizabeth Fussell Cates were married about 1757 in North Carolina and all their children were born there.

The children were: Thomas K. Cates, b. abt 1758, d. aft 1790, married Martha Sykes 27 Feb,1784 in N.C.; Robert Cates, b. abt 1760, d. abt 1820 in Newberry Dist., S.C.; Elizabeth Cates, b. abt 1763, married William Dunham; Aaron Cates, b. abt 1768, d. 1816 in Newberry; Mary Cates, b. abt 1769, married John Faucett 9 Aug. 1790; Ezra Cates, b. abt 1773; Isiah Cates, b. abt 1776; and Jehu Cates, b. abt 1790, married Susannah Deen.

Thomas received land in Orange Co., N.C., in 1854 and was named executor of his father's will. Thomas signed his own will in Newberry Dist., S.C. on 23 July 1816 and died about 1817 there. His will was probated in Newberry District Court on 9 Jan 1818, and the first settlement was made 13 Dec. 1819.

Robert Cates, the second son of Thomas and Elizabeth Fussell Cates, married Sarah Sykes, daughter of Jonathan and Mary Sykes, and niece of Martha Sykes, about 1777 in Orange County, N.C. Robert is on multiple tax lists of Orange County in the Caswell District and received land from his parents in 1790. Robert and Sarah Sykes Cates had the following children, all born in Orange Co., N.C.:

Anne Cates, b. 1 Dec 1778; Allen Cates, b. 25 Nov 1779, married Poly Amos; Asa Cates, b. 31 Dec 1782, d. 7 Aug (year unknown) in Coweta Co., Ga.; Dawson Cates, b. 1 Oct 1786; Mary E. Cates, b. 29 July 1790; Jonathan Sykes Cates, b. 17 Sept. 1791; Elizabeth Cates, b. 22 Feb. 1795; Robert Mobley Cates, b. 1798, and Aaron Cates (birth date not given).

Robert Cates sold his land in Orange County and moved with his father, Thomas Cates, to Newberry Dist., S.C., where his brother Aaron lived. Robert died about 1820 in Newberry and his wife, Sarah Sykes Cates, and son, Robert Cates, were appointed administrators of his estate. Named in the estate settlement were his wife, Sara, and Asa, Aaron, Elizabeth (wife of Robert Cooper), Sarah, Robert and John Sykes Cates. In addition, Ezra Cates, surviving executor of the will of Thomas Cates, deceased, was also named.

Asa Cates, second son of Robert and Sarah Sykes Cates, was married in 1808 in Orange Co., N.C, (before the move to Newberry) to Frances Pratt, daughter of Jonathan Pratt and Elizabeth Hughes, and granddaughter of Jonathan Pratt Sr. and Mary Redman, and Blackmore Hughes. Names of Asa and Frances' known children were found in a family Bible owned by Bessie H. Smith of Hapeville, Ga. and included:

Nancy E. Cates, Jonathan Cates (died as an infant), John H. Cates, Robert A. Cates, Water A. Cates, Sarah Frances Cates, Mary E. Cates, Martha A. Cates, Elizabeth F. Cates, and Susannah Cates. Information on all but one of these children, Martha, has been found. Nancy and Jonathan, the first two children, were both born in Orange Co., and the rest were born in Newberry.

The Cates family migrated from Old Newberry District, S.C. to Coweta County, Ga. about 1832, making them among the earlier settlers of the area. The Cates were closely allied with the Teagues, Morgans, Prices, Summers and Levells, all of whom can be traced back to Newberry and found migrating into the Coweta/Fayette County vicinities.

The Price family settled along Whitewater Creek around the present day town of Brooks, whereas the Morgans, Summers, Teagues, Levells and Cates were just across the county line in Coweta, and owned property in present day Senoia and Turin.

Most of these families and their descendants are buried in the Elmore Cemetery in Senoia and Tranquil cemetery off Standing Rock Road near Turin. There was frequent movement of these families back and forth into Pike and Monroe counties also.

Next week, we'll learn more about Asa's family and their life in Coweta County, and also learn a little more about the Summers family. I also found several family trees on Rootsweb and Ancestry which contain information on this Cates family. Use them with caution, though, as few of them have sources or proof of their information.

All of the above information on the Cates family and their allied lines was submitted by Ken Arnold (karnold2@bellsouth.net, who lives in Florida (not New York ... my mistake), to whom we owe a big debt of thanks.

If you have stories about your ancestors, their families, your research or genealogy tips, send them to The Citizen, Drawer 1719, Fayetteville, GA 30214; E-mail jkilgore@thecitizennews.com or jodiek444@aol.com.

Until next week, happy hunting!

(Judy regrets that time does not permit her to do personal research for others, but she will willingly share research information on her own family lines.)

St. Andrew's, the Parish Church of Colyton

View of St. Andrew's Church from the North East

St. Andrew's Church:
Sarcophagal Effigy of Little Choke-a-Bone

The sarcophagal effigy of Little Choke-a-Bone, dating from the 15th century, was visible to those in attendance at the christening of Robert Ezra CATES on 21 August 1667. The tradition is that Little Choke-a-Bone was twelve years of age when she perished from choking on a fish-bone. However, the armorial devices above her sarcophagus prove her to have been Margaret, Countess of Devon, a Courtenay who was married sixteen years previous to her death in 1449, possibly from choking on a bone. Of the sarcophagal monuments in the Church of St Andrew's, hers is the oldest.

1 August 1695: Henrico County, Virginia deed mentions plantation lately in the tenure of Robert KATE.

1701: Robert CATES's name appeared first time on a certificate of marriage held at Curles Meeting House, Henrico County, Virginia (Henrico Monthly Meeting, p. 162.)

1704 Robert CATES moved south across the James river to Prince George County, Virginia where in the quit-rent rolls of 1704 he owned 100 acres as Robert CATTE.

1723: Account of the estate of Timothy Bridges in Minutes of the Prince George County Court mentioned both Robert CATE(S) and his neighbor Robert Hunnicutt.

1722, 1723, and 1724: Robert CATE(S) attended the Burleigh Meeting House, Prince George County, Virginia and signed marriage certificates for ceremonies held there.

1725: Martins Brandon Parish, Prince George County: Edward WYATT Sr.'s Will named daughters Elizabeth and Sarah WYATT, son Francis and son Edward to whom "he left the plantation where Robert CATE lives." 1720: Edward's father Nicholas's Will was witnessed by Robert CATE, Jr. & Richard CATE.

9 April 1728: Accounts of the estate of Capt Edward WYATT mentions: Jane Bilbro, Capt. Frances Epess, Col. Harrison, Edward Prince, James Bell, Frances, Edward and Elizabeth WYATT, Robert CATE, Jacob Benheart. Dated 8 April 1728, presented in court by Robert Hall and James Bell, executors. Recorded 9 April 1728. [Prince George County, VirginiaWills & Deeds: 1713 - 1728, p. 145 (p. 1084), by Benjamin Weisiger III (1973)]

18 February 1729: Inventory and appraisement of the estate of Robert KATE, deceased, valued at 30-10-6, included cattle, hogs, saddle, etc. and two parcels of shoemaker tools and last and two parcels of tanned leather. Signed Ann KATE [Surry County Court. Will Book 8, p. 7. Recorded 15 April 1730, Surry Count Court, Virginia]

Although Robert CATE did appear at a Henrico County Quaker wedding in 1701, he had announced on April 1, 1695, "I Robert CATE intend to depart this county this present mounth and anyone with past claims to debts, let them come to my house." This was recorded by the Henrico County court. That he lived near the Curles Meetinghouse is apparent in the deed of Edward Mathews of the county and parish of Henrico to John Price of seventy acres on the north side of the James River between Balys Run and Four Mile Creek, near the main road to the courthouse, next to John Pleasants, being the plantation lately in tenure of Robert KATE, witnessed by William Soane and Thomas Osborne [All Clerke on August 1, 1695]. In his Will of 1690, John Pleasants mentions his land next to Edward Mathews on Four Mile Creek, so called because of its distance from Henrico courthouse, and land in Chickahominy Swamp that he purchased of Thomas Cock, who had witnessed the indenture between Robert CATE and Peter Wyke. Robert CATE moved south across the James River to Prince George County, where the quit-rent rolls of 1704 listed Robert CATTE as owning 100 acres. He continued in his trade of shoemaker apprenticeship in 1691. [Edgar D. Byler III]

DEATH: Robert CATE died prior to February 18, 1729, when the Surry County court ordered an appraisal of his estate. the inventory was made and signed Ann KATE. At a Court held the 15th day of April, 1730, inventory was valued at £30-10-6 and included cattle, hogs, a horse, saddle and bridle, bedding and blankets, farming and household tools, plates, spoons, and a silver tankard. It also included "2 pcls of tand leather" and "2 pcls shoemakers tools and last." [Surry County, Virginia Wills, no. 8, vol. I, part I, pp.6 - 7. Transcribed at the Office of the Circuit Clerk of Surry County, Virginia, by Rosemary Corley Neal]

SOURCES: INDENTURE: Made this 30th day of 7 Mo. called September, 1689 between Robert CATE and Peter Wyke, binding CATE as apprentice to Peter Wyke for four years from 24 Oct. next in the trade of shoemaker, as well as in other business of plantation and trade, except it to be in the planting and tending of tobacco, w'ch ye s'd apprentice is not to do. In return CATE is to receive apparrell, meat, drink, washing and lodging, and at the expiration of his term, one good suit of apparrell and three barrels of Indian Corn. Signed by Robert (X) CATE and Peter Wyke, witnessed by Wm. Glover and Thomas Cocke, and recorded in Henrico Court in October 1689.

SOURCES: Robert CATE, Jr. and his Father, Robert CATE witnessed the will of Nicholas WYATT, of Prince George County, Virginia in 1720.

PROPERTY: Robert CATES had tenure of a plantation, belonging to Edward Mathews, near the Curles Meetinghouse on Four Mile Creek in Henrico, Virginia. He moved south across the James River to Prince George County, where the Quit Rent Rolls of 1704 listed Robert CATE as owning 100 acres. Robert CATE attended the Burleigh Meeting House about 1719 and signed marriage certificates for ceremonies held there in 1723 and 1724. In 1723, the accounts of the estate of Timothy Bridges, recorded in the minutes of the Prince George County Court, mentioned Robert CATE. He lived on a plantation owned by Edward WYATT in 1725, who died and left it to his son, Francis WYATT, called Quarter Plantation, in Martins Brandon Parish, Prince George County, Virginia.

James Branch Cabell
(14 April 1879, Richmond, Virginia - 5 May 1958, Richmond, Virginia)

"Peter Wyke and John Lanier, on 20 November 1683, patented 1,482 acres, 3 rods, 24 poles, in Charles City County, on the south side of the river, in the present Prince George, due for the transportation into Virginia of thirty persons, whose names are recorded. Among these headrights is "Xpher Branch," who can only have been the eldest son of the Christopher Branch, born about 1627, died 1665, justice for Charles City in 1657 (compare Quarterly, XXV, p. 62), and who was not previously known ever to have visited England. This tract "Beginning att a Corner Pine, being a corner that divides Wm Pebbles (?Peebles) and Thomas Chappell's," has among its bounds the head of Bedlow's branch, the Otter dams Swamp, Piney slash, the Birchen Swamp, the Reedy branch, and lands belonging to James Jones, John harris, and Henry Weysh. A comparison of various land-patents shows this land to have been about the head-waters of Bichers creek. Peter Wyke was a Quaker, presumably as early as 1689, to judge from the "Indenture, made the 30th day of 7mo, called Septemb., 1689," between Robert CATE and Peter Wyke for four years in the trade of shoemaker, "as well as in all other business of plantation and trade, except it be in the planting & tending tobacco, w'ch ye s'd apprentice is not to do": in return CATE is to receive "apparell, meat, drink, washing, and lodging," and at the expiration of his term "one good suit of Apparell & three barrells Indian Corn." Peter Wyke had certainly become a Quaker by 1703, as records of the Henrico Monthly Meeting show that he witnessed the marriage of Samuel Jordan and Elizabeth Fleming, 10 December 1703. Peter Wyke was dead in 1721. He is known to have married Huldah Ladd of Charles City County, and presumably had other children than the daughter, Margaret, who married Robert Hunnicutt: but no record of them appears to have been preserved."

PROFESSIONS: Robert CATES, Jr. was Commissioner of Roads in Orange County, North Carolina. He was known as "Captain CATES."

PROPERTY: He lived on the Roanoke River in the 1740s; then at New hope Creek; and then at Cane Creek by 1751.

SOURCES: Robert CATE, Jr. and his father, Robert CATE witnessed the will of Nicholas WYATT, of Prince George County, Virginia in 1720.

SOURCES: Robert Melton, died in 1759 Orange County, North Carolina. Robert Melton left a daughter, Mourning, according Orange County Court of Pleas & Quarter Session 1752 - Aug 1766, pp. 82 and 52, compiled by Ruth Herndon Shields: "Mourning Melton, daughter of Robert Melton, deceased, to be committed to care of Mr. Robert CATE, Jr. Bond 50 pds. Bondsman Thomas CATE." Court of 1763

WILL: Will of Robert CATE, Jr. probated March of 1767 He left his wife, Elizabeth, half of his estate. He left to his son, Richard, the plantation where he lived at his death after the death of his mother.To his daughter, Sarah, he left the bed she slept on. His granddaughter Ann, daughter of his son Thomas, was left an equal part of his estate as received by his sons and daughters. His sons, Thomas and Joseph were named executors. He did not mention his other sons, Robert III, John, or Charles.Witnessed by: Wm. Smith, Elizabeth CATE, and Robert CATE, Sr.

1754 - March - Orange County Court of Pleas and Quarter Sessions: A deed of sale from John Wood to Benjamin CATE for 84 acres of land was acknowledged in open court and, on motion, ordered to be recorded.

1755 - Benjamin Cates lived on the Eno River, Orange River, North Carolina and was on the first Orange County Tax Roll, 2 white polls, no black polls.

1755, September 10 - Orange County Deed Book 1, p. 138: John Gray to Blake Baker on Mill Creek, Granville to Wade 1753, of which Benjamin CATS has a deed from John (No surname. AGLL V156-63)

1757, March 20 - Johnathon Fincher signed his will in Orange County. He named as legatees his wife and eldest son. And he mentoned by name his sons Johnathon, Richard, Joseph, and Benjamin. Son Benjamin was to be bound to Joseph Mattox. Wit: Benjamin CATE, Margaret Whitehead, and Charles Jonas.

1761, February - Orange County Court of Pleas and Quarter Sessions: Nathaniel Gray vs. Benjamin CATE, debt.

1763, August - Orange County Court of Pleas and Quarter Sessions: David Knight vs. Benjamin CATE, Sr., petition.

1765, August 13 - Orange County Court of Pleas and Quarter Sessions: Deed from Benjamin CATE to George Horner for 384 acres acknowledged by Benjamin CATE.

1780 - Orange County Tax List, St. Mary's District, p. 200: Benjamin CATE with 75 acres; State entry, 3 horses, 23 cattle - Tax paid: 649 pounds (Richard, Lazarus, and William CATE also in St. Mary's District)

1798 - Will Book C, p. 136: Benjamin CATE's Will names his wife Mary, sons: John, Timothy, Jesse, James, William, daughter Mary (underage), to Henry Hunt's oldest son Elijah Hunt, to David Nutt's oldest son John Nutt. Exec: Brother Richard CATE, Wm. Cain, merchant. Wit: William "X" CATE, Alex. McMullan, Edward Wortham

1800, August 28 - Orange County Court Minutes, Timothy and Jesse CATE of lawful ages choose Mary CATES their guardians. Bond with David Nutt and Wilkan Maddison (AGLL V156-64)

1802, August 10 - Orange County, North Carolina Deed Book 10, p. 209: Mary CATE to David Nutt land left by her husband Benjamin CATE. Wit: James Dunnagan and Henry Hunt

1804, May - Orange County Court Minutes, Mary CATE is appointed guardian of Mary, ??, and James CATE who entered into bond with George Carrington and James Woods

1810 - Orange County, North Carolina Census, NA M252-41, p. 164, Mary CATE, 45 and over, 1 male 1-10, 1 female 16-26

John CATE lived on Flat River, Orange County, North Carolina, and was on the first Orange County Tax Roll (1755).

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ORANGE COUNTY, NORTH CAROLINA WILL ABSTRACTS. Book A, p. 7. Will in Archives. Jonathan FINCHER. Dated 20 March 1757. Proved May 1757. Wife: name not started, ten shillings. Sons: eldest son name not stated but called Joshua in Codicil. Jonathan, Richard, Joseph, Benjamin (he is to be bound to Joseph MATTOX) daughters: Mary, Hannah. No executors named. Witnesses: Benj CATE, Charles JONAS, (Margaret (X) WHITEHEAD).

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ORANGE COUNTY, NORTH CAROLINA WILL ABSTRACTS. Thomas CATE. Dated 5 November 1765. Proved May 1767. Wife: Elizabeth. Son: Richard "Plantation whereon I now live." Daughter: Sarah "daughters" mentioned. Granddaughter: Ann "daughter of my son Thomas CATE. Executors: sons Thomas and Joseph CATE. Witnesses: William SMITH, Elizabeth CATE.

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ORANGE COUNTY, NORTH CAROLINA WILL ABSTRACTS. John BASKETT. Dated 26 February 1771. Proved. Wife: Ann. Sons: William, Thomas (under age). Executors: friends Thomas CATE, James BASKETT. Witnesses: John CATE, Elizabeth CATE

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ORANGE COUNTY, NORTH CAROLINA WILL ABSTRACTS. Andross RANDALL. Dated 18 July 18 1777. Proved. Wife: Catherine. Daughter: Mary. Executor: none named. Witnesses: Robert CATE, Joseph CATE, Thomas CATE

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ORANGE COUNTY, NORTH CAROLINA DEED BOOK 4 p. 223. State of North Carolina, Orange County. This Indenture made this twentieth day of August in the year of our Lord one thousand seven hundred and eighty-nine. Between Thomas DURHAM of Orange County of the one part and Thomas CATE preacher, Thomas CATE, Robert CATE, John STROTHER, Richard CATE, John WORKMAN, Bernard CATE, Joseph CATE, Mary CHRISTMAS {#33} jointly Trustees of Orange County of the other part. Witnessed that for and in consideration of the sum of twenty shillings North Carolina currency to the said Thomas DURHAM in hand paid by the said Thomas CATE preacher, or either of the above mentioned Trustees at or before sealing and delivery of these presents the receipt whereof he doth hereby acknowledge and therefore doth release acquit and discharge the said Thomas CATE preacher, or either of the mentioned trustees them or their hairs, executors and administrators by these presents he the said Thomas DURHAM hath granted, bargained, sold, allied and confirmed and by these presents doth grant, bargain, sell, allien and confirm unto the said Thomas CATE preacher and the rest of the above mentioned names of the trustees jointly they or their heirs a certain piece or parcel of land situate, lying and being in the county of Orange and state aforesaid for the use of building a meeting house to hold public meetings in and thanksgivings for the Measures and Blessings of Almighty God. Bounded as followeth: Beginning at a black oak at the old path joining John STROTHER's line then along the old path to a hickory adjoining STROTHER's line thence east along John STROTHER's line to a post oak thence a direct line to the beginning containing one acre more or less and all houses, buildings, ways, water, profits, hereditaments and appurtenances whatsoever to the said premises whereby granted or any part thereof belonging or in anyway appertaining and the reversions and reversion, remainders and remainder, rents, issues and profits thereof and forever to him the said Thomas DURHAM of in and to the said premises and all deeds, indentures and indentures touching or in anyway containing the same. To have and to hold the land hereby conveyed and all and singular other the remise hereby bargained and sold and every part and parcel thereof with their and every of their appurtenances unto the said Thomas CATE preacher, Trustees and the rest of the above named trustees all jointly them and their heirs and assigns forever to the only proper use and behoof of him the said Thomas CATE preacher, trustees and the rest of the above names Trustees all jointly named and heirs and assigns forever and the said Thomas DURHAM covenant and agree that I have absolute authority to grant and convey the same to the above trustees in manner and form aforesaid. In witness whereof the said Thomas DURHAM hath hereunto set his hand and seal the day and year first above written. Thomas DURHAM [seal] Signed, sealed and delivered in presence of us: Thomas BASKET and Mark COOPER Orange County August Term 1789

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ORANGE COUNTY, NORTH CAROLINA WILL ABSTRACTS. B-259. Will in Archives. Dated 16 July 1793. Proved February 1794. Richard CATE. Wife: Emelia. "My eight children:" James, Jesse, Richard, Thomas, John, Martha, Susannah, and Emelia. Son: Benjamin. Daughter: Martha HASTINGS. Several tracts of land are devised. One tract joins Charles KELLY, Another, “100 acres which I purchased from James CRAWFORD.” “50 acres on Cain Creek.” “ Land purchased from Thomas MOORE,” “tract bought of Richard TINNEN on east side of Cain Creek,” “my mill on west side of Cain Creek.” Executors: Sackfield ____BREWER, brother John CATE, son James CATE. Witnesses: Bernard CATE, Lewis KIRK

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ORANGE COUNTY, NORTH CAROLINA WILL ABSTRACTS. C-28. Will in Archives. Dated 24 December 1793. Proved August 1794. Joseph CATE. Sons: Solomon, Charles, Steven. Daughters: Esther, Sall. Testator’s property is on Cane Creek. Neighbors mentioned are John CATE, Thomas BASKETT, Thomas DURHAM, W. or Mr. BREWER. Executors: wife Ann, brother Thomas. Witnesses: John CATE, Elizabeth CATE, John WORKMAN

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ORANGE COUNTY, NORTH CAROLINA. C-94. Will in Archives. John FOSSETT (signed John FAUCETTE). Dated 6 March 1797. Proved May 1796. Wife: Phoebe. Son: Thomas FOSSETT "plantation joining Joseph HASTINGS." Daughter: Polly FOSSETT. Executors: Thomas CATE, Ezra CATE, "my brother Sam FOSSETT." Witnesses: Richard (X) FOSSETT, Thomas (X) FAUCETTE.

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ORANGE COUNTY, NORTH CAROLINA. 1799. Will Book C, p. 136. Benjamin (X) CATE. Dated 2 December 1798. Proved May 1799. Wife: Mary to receive 1/6th part of estate. He is to be buried at the Reading House. “5 sons viz: John CATE, Timothy CATE, Jesse CATE, William CATE, and James CATE.” Daughter: Mary CATE, under age. “To Henry HUNT's oldest boy Elijah HUNT.” “To David NUTT’s oldest boy John NUTT” Executors: brothers Richard CATE, William CATE, merchant. Witnesses: Alex’r MCMULLAN, Edward WORTHAM, William (X) CATE

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ORANGE COUNTY, NORTH CAROLINA. C-155. Will in Archives. Dated 17 October 1799. Proved November 1799. Conrad MESSERSMITH. Sons: Leonard, Stephen, Conrad, Phette. Daughters: Elizabeth CATES, Mary "10 shillings to disinherit her." Witnesses: John MCMULLAN, Alexander TURRENTINE. Executor named by the Court, Samuel TURRENTINE

"The Forbes Clan (The BERRYs of Scotland are Septs of Clan Forbes), though strongly Presbyterian, considered the Catholic prince, James Stuart, to be the 'Rightfull King.' Robert BERRY, born and reared in the County of Fife, probably left Scotland during the 'Highland Clearances,' due to his clan-ties to Forbes. The 'Ships Log' of the 'Laura,' dated 20 April 1749, (Captained by William Gracie) shows a 'Ships Carpenter Apprentice,' Robert BERRY, a Scot, left the ship in New Bern, Carolina and failed to return before the ship sailed.

"The next mention of Robert BERRY is a land survey made for him on 3 December 1753 in Orange County, North Carolina by William Churton. This area was peopled primarily by Scots and Scots/Irish. I believe the Granville land grant was the primary reason that Robert and his fellow Scots came to this region, plus the Carolinas did not have the rigorous religious restriction as did the other Colonies.

"I cannot prove that the Robert BERRY born in Leuchars Parish, Fife, Scotland in 1726 is the same Robert BERRY that is our great, great, great, great grandfather of Orange County, North Carolina; but the coincidences of events, time, place, and personal names of ancestry strongly suggest that they are one and the same.

"The Scots and the Irish had a scheme frequently used for child naming. The first-born male child was normally named for the paternal grandfather; likewise, the first-born female child was named for the maternal grandmother. The second-born male child was named for the maternal grandfather and the second-born female child was named for the paternal grandmother. Only with the third-born son and daughter did they use the names of the parents, if those names differed from those of the grandparents."

"I find no record of Robert BERRY (1744) in Kent County court records [Bonds and Indentures, Maryland State Archives C1028].

"If this were 'our Robert BERRY,' then he would have been a great business manger to have amassed the land and wealth that are mentioned in the land grants to Robert BERRY and in his Will. Considering the conditions that existed in North Carolina during Robert's lifetime it is within the realm of possibility.

"It is much more likely that the convict Robert BERRY that arrived in Kent County in 1744 is the same Robert BERRY that appears in Anne Arundel County, Maryland in the 1783 assessment." [See Maryland State Archives, Assessment of 1783, Index, Anne Arundel County, Maryland State Archives S 1437. Robert BERRY. AA Annapolis Hundred, p. 1. Maryland State Archives S 1161-1-1.]

First I will my soul to Almighty God who gave it to me and my body to the grave to be buried in a decent and Christian burial at the discretion of my executors.

Secondly, I will and bequeath to my loving wife Elizabeth four of my negroes, the names of which is Old Jack and Ross, Pompey and Sall and also my possessions of land for her lifetime.

I will and bequeath to my daughter Elizabeth BERRY one of my negroes named Doll also two cows and calves her lifetime and then for them and their increase to be the property of her daughter Mary.

I will and bequeath to my son Robert BERRY one negro boy named Solomon.

I will and bequeath to my son Thomas BERRY deceas'ds children one negro girl named Miriah.

I will and bequeath to my son Joshua BERRY one boy named Aaron.

I will and bequeath to my son Isaac BERRY one negro woman named Lydia also one horse to the value of thirty dollars and two cows and calves, this is my son Isaac BERRY'S legesy to be left in the care of my son Henry BERRY so as for the aforesaid Isaac to have the benefit of it but not so he can sell or dispose of it without Henry's approbation also my son Isaac BERRY'S legesy to be given to him for to be at his disposal if he comes to his proper reason, if he does not come to his right reason to be kept as above mentioned.

I will and bequeath to my son David BERRY one negro girl named Tamer.

I will and bequeath to my son William BERRY one pound.

I will and bequeath to my son Henry BERRY two negroes named Young Jack and Nicey and two cows and calves also my posessions of land at his mother's death provided he gives to my son Isaac BERRY one hundred dollars, fifty to be paid one year after his mothers death and the other fifty in two years after his mothers death.

I will and bequeath to my daughter Mary KEMP deceas'ds heirs one pound.

I will and bequeath to my son John BERRY deceas'ds heirs one negro girl named Luinda.

The remainder of my property I will to my wife Elizabeth to be at her disposal. I dissanull and dissavow all other will or wills.

I do constitute and appoint my wife and my son Henry BERRY my executors to exacute this my said will.

Signed and sealed and perfected this year one thousand eight hundred and twelve April the 16th day in the presence of witnesses J. ROUNTREE, Wm. R. Robinson.

2. From the North Carolina Genealogical Society Journal, August 1980, vol. 6, no.3, p. 192: