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GENEALOGICAL NOTES AND ANECDOTES

   

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

   

G0499A: William Abraham CATES [009]
Birth: BEF 1646, England
Death: AFT 1669, Colyton, Devonshire, England

Marriage: BY 1667, Devonshire, England
Spouse: Margaret Agnes <INGLES>

Child 1: Robert Ezra CATES, "The Shoemaker" (1667, St. Andrew's Parish, Colyton, Devonshire, England: christened 21 August 1667, St. Andrew's Parish, Colyton, Devonshire, England - AFT 9 April 1728 and BEF 18 February 1728/29, Surry County, Virginia, British North America) [M]: m.

Child 2: Richard Nehimiah CATES [M]

Note 1: The surname of this family is variously given as CATES, CATE, CATTE, CATS, and KATE.

Note 2: From The Daily Citizen, Fayette County, Georgia, Friday, 23 May 2003:

 

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.)

Note 3: From The Daily Citizen, Fayette County, Georgia, Friday, 30 May 2003:

 

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.)

Note 4: St. Andrew's, the parish church (Church of England) in Colyton, Devonshire, of William Abraham CATES:

 

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 Church of St Andrew's, a Pre-Reformation edifice, dates from the Norman era. Except for some refurbishing of its interior and the installation of a clock in its lantern-tower, both of which occurred in the 18th century, the structure is substantially the same as it was in the 17th century when the family CATES worshipped there. The lantern-tower of St. Andrew's is one of only three in England and was used to guide ships up the River Axe estuary.

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.

   

____________________________
____________________________

G0498A: Robert Ezra CATES, "The Shoemaker" [008]
Birth: 1667, St. Andrew's Parish, Colyton, Devonshire, England
Christening: 21 August 1667, Colyton, Devonshire, England
Death: AFT 9 April 1728 and BEF 18 February 1728/29, Surry County, Virginia, British North America
Father: William Abraham CATES (BEF 1646, England - AFT 1669, Colyton, Devonshire, England)
Mother: Margaret Agnes <INGLES>

Marriage: ABT 1693, Henrico County, Virginia, British North America
Spouse: Mary Ann ("Anna") RANDALL (ABT 1672, England - AFT 1710, Prince George County, Virginia, British North America)

Child 1: Robert CATES, Captain (ABT 1700, Henrico County, Virginia, British North America - AFT 5 November 1765 and BY March 1767, Orange County, North Carolina, British North America) [M]: m. Elizabeth WYATT

Child 2: William CATES (ABT 1702, Prince George County, Virginia, British North America - AFT 1762, Orange County, North Carolina, British North America) [M]: m. Unknown UNKNOWN, ABT 1724

Child 3: Thomas CATES, Sr. (ABT 1704, Prince George County, Virginia, British North America - ABT 1770, Orange County, North Carolina) [M]: m. Rebecca SYKES

Child 4: Benjamin CATES (ABT 1706, Prince George County, Virginia, British North America - AFT 13 August 1765, Orange County, North Carolina, British North America) [M]

Child 5: John CATES (Sr.) (ABT 1708, Prince George County, Virginia, British North America - AFT February 1794, <Orange County>, North Carolina) [M]: m. Margerie LAWRENCE (ABT 1707, <Caswell County>, North Carolina, British North America - AFT 1737, <Orange County>, North Carolina, British North America), ABT 1727, Caswell County, North Carolina, British North America

Child 6: Richard CATES (ABT 1710, Henrico County, Virginia, British North America - ABT 1759 , Prince George County, Virginia, British North America) [M]

Note 1: About Robert Ezra CATES, from David Edgar Berry:

  Robert CATES, Sr. was a Quaker shoemaker from Henrico County, Virginia in the James River area. Robert CATES entered into bond to serve Peter Wyke of Henrico County in September 1689 for a term of 4 years. Recorded October 1689.

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]

Note 2: About Robert Ezra CATES, from Donna Evans:

  PROFESSIONS: Robert CATE was a Quaker shoemaker

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.

Note 3: About Robert Ezra CATES, from James Branch Cabell, "The Hunnicutts of Prince George," William and Mary College Quarterly Historical Magazine, vol. 27, no. 1. (July, 1918), pp. 34 - 44: p. 43 - 44:

 

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

[In the generation preceding William Faulkner and Thomas Wolfe, James Branch Cabell was the principal figure among Southern writers. He published Jurgen, the novel for which he is best known, in 1919.]

"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."

Note 4: Peter Wyke. to whom Robert Ezra CATES was indentured, is likely to have been descended from the family Wyke which, like the family CATES, was domiciled in Devonshire. See Rev. W. Wykes-Finch, M. A., J. P., "The Ancient Family of Wyke of North Wyke, Co. Devon," Transactions of the Devonshire Association for the Advancement of Science, Literature, and Art (1903 - xxxv), pp. 360 - 425 [read at Sidmouth, July 1903].

Note 5: About Capt. Robert CATES, from Donna Evans:

  CENSUS: Robert CATE, Jr. was on the First Tax List for Orange County, North Carolina.

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.

Note 6: About Benjamin CATES, from Donna Evans, using the research of Dr. Banks R. Cates, Jr., Charlotte, North Carolina:

  1751 - Granville to William Boen, planter, 419 acres on the south side of the south fork of the Little River, in John Dunagan's line. June 14, 1754. Surveyed November 19, 1751. Chain Carriers: John Dunagan & Benj. CATE (Granville Propietary Land Office: 1752 - 1660, by William Bennett)

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

Note 7: About Benjamin CATES:

  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).

Note 8: About John CATES, from David Edgar Berry:

  John CATE, Sr., was a merchant. He lived near his brother Robert CATE, Jr., on the Roanoke River in Orange County, North Carolina, in the 1740s.

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

Note 9: Orange County, North Carolina: Abstracts of testamentary documents, court records, and deeds pertaining to the family CATES.

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ORANGE COUNTY, NORTH CAROLINA COURT RECORDS. July 1754 - Aug 1754. Ordered that Thomas CATE, Jr be overseer from the Camp Branch to the Western Path in Robert CATES District and the following persons work on the said road: James MOSS, Henry HUNTER, John HASTINGS, John GRAY, Henry LEMON, James RAILEY, James DICKEY, Charles FOGERSON, James TINNIN, Joseph CATE, Richard CATE, and Robert WILEY

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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

   

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G0497A: John CATES (Sr.) [007]
Birth: ABT 1706, Prince George County, Virginia, British North America
Death: AFT February 1794, <Orange County>, North Carolina
Father: Robert Ezra CATES, "The Shoemaker" (1667, St. Andrew's Parish, Colyton, Devonshire, England: christened 21 August 1667, St. Andrew's Parish, Colyton, Devonshire, England - AFT 9 April 1728 and BEF 18 February 1728/29, Surry County, Virginia, British North America)
Mother: Mary Ann ("Anna") RANDALL (ABT 1672, England - AFT 1710, Prince George County, Virginia, British North America)

Marriage: ABT 1727, Caswell County, North Carolina, British North America
Spouse: Margerie LAWRENCE (ABT 1707, <Caswell County>, North Carolina, British North America - AFT 1737, <Orange County>, North Carolina, British North America)

Child 1: Richard Mathais CATES (ABT 1730, Prince George County, Virginia, British North America - AFT 16 July 1793 and BEF February 1794, Orange County, North Carolina) [M]: m. Emelia ("Milly") Ann MORGAN ABT 1735, Prince George County, Virginia, British North America - AFT 1811, Orange County, North Carolina), 1759

Child 2: Joseph CATES (1733, Prince George County, Virginia, British North America - AFT 24 December 1793 and BY August 1794, Orange County, North Carolina) [M]: m. Ann UNKNOWN

Child 3: John CATES (Jr.) (ABT 1736, Prince George County, Virginia, British North America - AFT February 1794) [M]

Child 4: Elizabeth C. CATES (ABT 1737, Orange County, North Carolina, British North America - AFT 16 April 1812, Williamson County, Tennessee) [F]: m. Robert BERRY (Sr.) (<1726, Leuchars Parish, Fife, Scotland>: christened <6 May 1726, Leuchars Parish, Fife, Scotland> - AFT 16 April 1812 and BY August 1814, Orange County, North Carolina), ABT December 1757, Caswell County, North Carolina, British North America [See G0496A: Robert BERRY (Sr.) in Descendants of Robert Berry (1726 - AFT 16 April 1812 and BY August 1814).]

Child 5: Thomas CATES [M]

Note 1: About Richard Mathais CATES:

  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

Note 2: About Joseph CATES:

  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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G0496A: Elizabeth C. CATES [006]
Birth: ABT 1737, Caswell County, North Carolina, British North America
Death: AFT 16 April 1812, Williamson County, Tennessee
Father: John CATES (Sr.) (ABT 1706, Prince George County, Virginia, British North America - AFT February 1794, <Orange County>, North Carolina)
Mother: Margerie LAWRENCE (ABT 1707, <Caswell County>, North Carolina, British North America - AFT 1737, <Orange County>, North Carolina, British North America)

Marriage: ABT December 1757, Caswell County, North Carolina, British North America
Spouse: Robert BERRY (Sr.) (<1726, Leuchars Parish, Fife, Scotland>: christened <6 May 1726, Leuchars Parish, Fife, Scotland> - AFT 16 April 1812 and BY August 1814, Orange County, North Carolina) [See G0496A: Robert BERRY (Sr.) in Descendants of Robert Berry (1726 - AFT 16 April 1812 and BY August 1814).]

Child 1: Mary BERRY (ABT 1759, <Orange County>, North Carolina, British North America - BEF 16 April 1812, <Jackson County>, Georgia) [F]: m1. George WAGGONER (? - AFT 2 April 1781 and BEF August 1781, Orange County, North Carolina), ABT 1780, Orange County, North Carolina: m2. James John CAMP (ABT 1766, Orange County, North Carolina, British North America - ABT 1830, <Jackson County>, Georgia), ABT 1784, Orange County, North Carolina [See G0495A: James John CAMP in Descendants of Thomas Camp (1665 - 1711).]

Child 2: Joshua BERRY (1760, Orange County, North Carolina, British North America - 8 October 1838, Orange County, North Carolina) [M]: m. Nancy ELLISON (BEF 1775 - ABT 1855, Orange County, North Carolina), 28 January 1793 (marriage bond date: Henry Terryl was the bondsman), Orange County, North Carolina

Child 3: William B. BERRY (ABT 1770, Orange County, North Carolina, British North America - 16 April 1812, Williamson County, Tennessee) [M]: m. Hannah CATES (ABT 1779, Orance County, North Carolina - 1858, Orange County, North Carolina), 12 August 1799 (marriage bond date: Thomas BERRY was the bondsman), Orange County, North Carolina, British North America

Child 4: David J. BERRY, Sr. (ABT 1772, Orange County, North Carolina, British North America - BEF 3 October 1837, Fayette County, Georgia: interment 5 October 1837, Fayette County, Georgia: m. Mary BLALOCK (ABT 1774, Orange County, North Carolina, British North America - AFT 1824, Georgia), 21 February 1797 (marriage bond date: Henry WAGGONER was the bondsman; the witness was Thomas O'Neill), Orange County, North Carolina, British North America

Child 5: Robert BERRY, Jr. (ABT 1774, Orange County, North Carolina, British North America - BEF 1850) [M]: m. Sarah ("Salley") CATES, 13 November 1816 (marriage bond date: Ranson CATES was the bondsman; Robert Wade was the witness), Person County, North Carolina

Child 6: Henry BERRY (1776, Orange County, North Carolina - 1858, Orange County, North Carolina) [M]: m. Anna UNKNOWN

Child 7: Elizabeth BERRY (ABT 1777, Orange County, North Carolina - AFT 1815) [F]: m. William RILEY

Child 8: Isaac ("Issac") BERRY (? - AFT 1814) [M]: m. Rebecca MOBLEY, 15 October 1808, Rockingham County, North Carolina

Child 9: Thomas BERRY (1779, Orange County, North Carolina - BEF 16 April 1812, Williamson County, Tennessee) [M]: m. Sarah ("Sallie") CATES (22 December 1781, Orange County, North Carolina - 7 March 1875, Wayne County, Tennessee: interment 8 March 1875, Benjamin W. Holt Cemetery, Wayne County, Tennessee), 11 August 1800 (marriage bond date: John CATES was the bondsman), Orange County, North Carolina

Child 10: John BERRY (? - BEF 1812) [M]: m? Hannah CATES

Note 1: From David Edgar Berry:

  "I believe I have enough evidence to support the lineage that I have listed. I was confounded as to why this Robert BERRY seemed to spring from nowhere. Since a thorough search of available records of North America produced no genealogy of this Robert, I then looked at the history of the British Isles during the mid 1700s. We find that one of the major occurrences of this period was the 'Highland Clearances' of Scotland which was precipitated by the Jacobite uprising (Highland Scots loyal to the Royal House of Stuart). This uprising culminated with the battle of Culloden on the morning of 16 April, 1746 when four thousand (4000) starving, ill armed, and physically exhausted Highlanders, commanded by Charles Edward Stuart, 'Bonnie Prince Charlie,' faced nine thousand (9000) well armed, well fed, well rested, and seasoned government troops under the command of the Duke of Cumberland ('The Butcher'). The Duke’s orders to "give no quarter" were followed religiously to the extent that not only were most of the participants of the battle killed, but even old men, women, and children of the Highlanders where hunted and slaughtered in their homes and fields as if they were wild beasts. Many of those who survived the genocide were rounded up like cattle and transported to Ireland and the 'New World' (America) as indentured servants.

"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."

Note 2: From David Edgar Berry:

  ORIGINAL GRANVILLE LAND GRANT:
   
  "In his original land grant Robert BERRY (Clan Forbes) was granted 259 acres on the 12th of May 1757 and his neighbor to the north was Thomas Bradford. The map of the grant showed the Lick Creek flowing on the western part of his property. This property was surveyed by William Churton on December 3rd 1753 for Robert BERRY, Jr. Since the land was surveyed for Robert BERRY, Jr. and granted to Robert BERRY, the question arises: Is Robert BERRY, Jr. the father of Robert BERRY or is this the same person? William Churton was the designer and founder of Hillsborough, North Carolina. He was also a sworn witness in the court minutes when the grant was issued to Robert BERRY. On March 13, 1780, Robert BERRY was granted another tract of land lying to the east and adjoining the original grant. This tract contained 293 acres making the total amount of land he owned equal to 552 acres. His neighbors at this time were Thomas ROUNTREE, Patrick Rutherford (Clan Hume), John Wilson (Clan Gunn), William Armstrong, Archelais (Archabauld) Wilson (Clan Gunn), Richard Holdman/Holeman, and possibly Michael Robinson (Clan Gunn). Some of these men were also granted tracts of land adjoining Robert BERRY’s property on March 13, 1780. All off these men lived in Orange County but may or may not have been living on these particular tracts. I think many of them were however. As I study the land transfers that transpired in the later years this will become clearer. [Benjamin Berry Henderson]

"1. Thomas ROUNTREE: Born 1733 in County Armagh, Ireland. Died in Orange County, North Carolina.
2. William Armstrong (Clan Armstrong): Born 1725 in Enniskillen, County Fermangh, Ireland. Died 1782, Surry County, North Carolina.
3. Michael Robinson (Clan Gunn): Born 1732 in Ulster Province, Ireland. Died 1806 in Orange County, North Carolina.
4. Patrick Rutherford (Clan Hume): Born in Jedburgh Parish, Roxburghshire, Scotland. Died in Orange County, North Carolina.
5. Archelais Wilson (Clan Gunn): Born 1730 in Scotland. Died in Orange County, North Carolina.
6. Robert Wilson (Clan Gun): Born 1729 in Scotland. Died in Orange County, North Carolina.
7. William Churton: Born 1693 in Whitchurch, Shropshire, England. Died 1769 in Orange County, North Carolina."

Note 3: From David Edgar Berry:

  "According to Peter Wilson Coldham and Robert Andrew Oszakiewski, in March 1744, at age 14, Robert BERRY of Devon, England was indicted, convicted, and sentenced to 14 years. He was then reprieved for transport to the New World. He departed Plymouth, England aboard the Justitia in May 1744 and arrived in Kent County, Maryland about 30 days later that same year. The Captain of the Justitia was Jack Campbell and if he delivered a convict safely he was then paid 10-20 pounds and given a certificate of safe delivery (by the person to whom the prisoner would be bonded for 7-14 years).

"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.]

  --------------------------------------------------------------------------------------------
Peter Wilson Coldham, The Complete Book of Emigrants in Bondage (1614-1775), p. 64. Ref: T53/41/419. This book is a direct transcription of British court cecords and of ships manifests.
--------------------------------------------------------------------------------------------
Oszakiewski, Robert Andrew, "Index to Convict Servants in Kent County, 1719-1769," Maryland Genealogical Society Bulletin, vol. 34:1 (Winter 1993), pp. 43-84.

Source Annotation: Date and port of arrival. Extracted from Kent County [Maryland] Court Bonds & Indentures LSW and Queen Anne's County [Maryland] Court Land Records IKA. Occupation, crime of which the immigrant was convicted, length of term of servitude. Source page no.50.

Note 4: The Will of Robert BERRY, Sr., dated 16 April 1812 [Orange County, North Carolina, Will Book D, pp. 408-409:

  :In the name of God Amen I Robert BERRY being of perfect mind and memory calling to mind that all men is born once to die, do make and appoint this my last will and testament:

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.

Note 5: From Larry and Elaine Blackman:

  1. The Will of Robert BERRY, dated 16 April 1812, Orange County, North Carolina (Will Book D, p. 408), identifies his daughter as Mary KEMP, deceased, thus establishing her death as before the date of the Will.

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

  "John CAMP, Robert CAMP, Starling CAMP, and Shadrack HUMPHRIES (husband of the former Sarah CAMP), all of Jackson County, Georgia, on 14 January 1815, give power of attorney to Joseph CAMP of Greenville District, South Carolina to transact business relative to their grandfather, Robert BERRY, Sr., which they claim in right of their mother, Mary CAMP, formerly Mary BERRY; witness: Hosea CAMP, J. J. C". [Note: The NCGSJ referred to above lists "Talbert", instead of "Robert." Copies of the document made from microfilm were so poor that it was necessary to examine the original document in the North Carolina Archives (Orange County, North Carolina: Powers of Attorney: 1781-1909, CR.073.928.5, CAMP, Joseph 1815). This established beyond any doubt that the document named "Robert" instead of "Talbert." This was further confirmed by the signature affixed to the Power of Attorney, which was clearly "Robert Berry CAMP". "J. J. C." appears to have been James John CAMP.]

Note 6: About Robert BERRY, Sr., from Benjamin Berry Henderson:

  "In the original land grant (Granville County, North Carolina), Robert BERRY was granted 259 acres on the 12th of May 1757 and his neighbor to the north was Thomas Bradford. The map of the grant showed Lick Creek flowing on the western part of his property. This property was surveyed by William Churton on December 3rd 1753 for Robert BERRY, Jr. Since the land was surveyed for Robert BERRY, Jr. and granted to Robert BERRY, the question arises: Is Robert BERRY, Jr the father of Robert BERRY or is this the same person? William Churton was the designer and founder of Hillsborough, North Carolina. He was also a sworn witness in the court minutes when the grant was issued to Robert BERRY. On March 13, 1780, Robert BERRY was granted another tract of land lying to the east and adjoining the original grant. This grant contained 293 acres, making a total of 553 acres. ..Robert BERRY's neighbors were: Thomas ROUNTREE, Patrick Rutherford, John Willson (Wilson), William Armstrong, Archelais (Archabauld) Willson/Wilson, Richard Holdman/Holeman and possibly Michael Robertson/Robinson. Some of these men were also granted tracts of land adjoining Robert BERRY's place on March 13, 1780. All lived in Orange County; but they may or may not have been living on these tracts."

Note 7: On 2 April 1781, George WAGGONER, the first husband of Mary BERRY, signed his Will in Orange County, North Carolina. He named as legatees his wife Mary, his daughters Elizabeth & Ann, both minors. He left his father, Henry WAGGONER land "adjoining his line and Robert McCaul's line." The executors were named as Mary WAGGONER and Robert BERRY. The witnesses were Step Smyth, George Clower, and James WAGGONER. [Orange County, North Carolina, Will Book A, p. 231. Probate August Court.]

Note 8: About Joshua BERRY, from Benjamin Berry Henderson:

  "Robert BERRY Senior sold Joshua 129 acres of the original 1757 land grant for $100 on the 24th Feb 1811 before he wrote his will in 1812. Joshua lived his entire life in Orange county and very close to where Henry and Thomas P. BERRY were living in 1840. Joshua died October 8th 1838 when Martin Armstrong who was drinking heavily accidentally killed him for refusing to serve him another drink. Armstrong picked Joshua up and threw him to the floor breaking his neck."

Note 9: It is possible that, about 1810, Hannah CATES, the wife of William BERRY was married to John BERRY, William BERRY's brother by whom she immediately had issue. Of her marriage to John BERRY, there is no evidence; but, about 1810, her marriage to William BERRY was dissolved.

Hannah CATES was the daughter of William CATES, who died in 1803, and Elizabeth MESSERSMITH. Her siblings were: John CATES [M]; Sarah ("Sallie") CATES (22 December 1781, Orange County, North Carolina - 7 March 1875, Wayne County, Tennessee: interment 8 March 1875, Benjamin W. Holt Cemetery, Wayne County, Tennessee) [F]: m. Thomas BERRY; Benjamin CATES [M]; and Charity CATES [F]: m. James ASHLEY, 15 December 1815.

From David Edgar Berry:

  1803, August - Return of amount of Sales the Estate of William CATE. Purchasers: Elizabeth CATE, John CATE, William BERRY, Thos. BERRY, Joshua BERRY, Robert BERRY, Sr., Jane Holman, Robert BERRY, Jr., John Neely, Rachel Neely, and others.

Note 10: The bastardy records of Orange County, North Carolina show Mary BLALOCK, 23 August 1791, and Elizabeth BERRY, 20 August 1790 and 19 August 1791. Elizabeth Charlotte BERRY was the child whom, by Mary BLALOCK, David J. BERRY, Sr. sired out of wedlock.

Concerning bastardy records, from Charles Barnes:

  "There are many different type records found among the bastardy bonds and records. The reason for bastardy bonds was to place the ultimate burden of support for a bastard child upon the father should the mother become unable to provide proper support. Otherwise, the child would become a ward of the county poor house and be an expense to the county. Typically the process started with public knowledge or a complaint that an unwed woman was with child. Sometimes the process was started after the fact. A warrant would be issued to bring the woman before the local justices of the peace where she would be examined to determine the father of the child. If she named the father, another warrant was then issued to bring him before the local justices of the peace and he posted bond to appear in court to answer the charges on a particular date. If found guilty, he would then have to post bond for support of the bastard child. This is what is known as a bastardy bond. Where support subsequently became necessary, the court would issue a judgement for collection of the requisite amount from the father and/or his bondsmen (security). If the pregnant woman refused to name the father, she and her family typically had to post bond for support of the bastard child. I have titled these type records herein as follows:
   
  "1. Warrant for Pregnant Woman to Appear
"2. Examination of Pregnant Woman
"3. Warrant for Reputed Father to Appear
"4. Examination of Reputed Father
"5. Appearance Bond of Reputed Father
"6. Bastardy Bond
"7. Warrant to Collect Judgement"

Note 11: Sarah ("Salley") CATES, the wife of Robert BERRY, Jr., was the daughter of John N. CATES (ABT 1769, Person County, North Carolina, British North America - ABT 1816, Person County, North Carolina) and Lydia ROUNTREE (19 January 1770, Hillsborough, Orange County, North Carolina, British North America - ?), 5 November 1799. Lydia ROUNTREE was the daughter of Thomas ROUNTREE (10 November 1733, County Armagh, Ireland - 23 March 1805, Hillsborough, Orange County, North Carolina: interment at Little River Cemetery, Orange County, North Carolina) and Eva ("Evy") STURGESS (1 February 1738, Ireland - 1790, Hillsborough, Orange County, North Carolina).

Note 12: The legend is that Thomas BERRY was killed by Indians. Sarah ("Sallie") CATES, the wife of Thomas BERRY, was the daughter of William CATES and Elizabeth MESSERSMITH. See above, Note 9.

Note 13: There is no evidence that John BERRY and Hannah CATES were ever married. But they did have issue. See above, Note 9.

   

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This Web site was created 11 November 1998.