Fayette County, GA Wills & Probate Records -

Source: Fayette County GA Probate Court
Written: May 16 1831
Recorded: September 5 1831

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State of Georgia}
Fayette County}
In the name of God Amen I, James Pate Senior of the county and state aforesaid & knowing the certainty of death and the uncertainty of the time it may happen and that the Lord giveth and taketh, blessed be his name. I have thought to make this my last will and testament in a picuniary? p?orm? to wit:

Item 1st I give and bequeath unto my wife Caty Pate the sum of five dollars.

Item 2nd I give and bequeath unto my son John Pate three cows & calves and a bed & furniture.

Item 3rd I give & bequeath unto my son Thomas Pate three cows & calves a bed & furniture and one grey horse saddle & bridle

Item 4th The ballance of my property both real & personal after the payment of my just debts I desire my Executors (after having sold enough for the payment of my debts) to have divided into ten shares as equal as practicable and I authorize my executors to appoint the persons to make said division and I give & bequeath unto my six sons, James Pate, John Pate, Charles Pate, Seaborn Pate, William Pate, Thomas Pate & my son-in-law Squire Posey one share each to be assigned them by lot or otherwise. The remaining three shares I give & bequeath unto my executors. Executors one share in trust for & for the use of my Daughter Phebe Yancey during her life & at her death to be equally divided amongst her surviving children - one share in trust for & for the use of my Daughter Franky Harrison during her life & at her death to be equally divided among her surviving children and the other share in trust for & for the use of my Daughter Winny Bland during her life & at her death to be equally divided among her surviving children.

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Item 5th I hereby nominate & appoint Thomas B. Gay & my son James pate my Executors to this my last will & testament. Hereby revoking all other wills heretofore by me made.

In testimony whereof I have ???? to set my hand & affixed my seal this sixteenth day of May Eighteen hundred & thirty one. Signed Sealed published & declared by the above named James Pate SR to be his last will & testament in the presence of us who have presents subscribed our names as witnesses in the presence of the testator.
James (his mark) Pate Senr
Witnesses
N.? Blanchard
John D. Stell
Simon Whitaker

Georgia}
Fayette County)
Court of Ordinary September Term 1831
Personally appeared in open court John D. Stell & N.? Blanchard two of the subscribing witnesses to the within will who being duly sworn depose & say that they saw James Pate senior sign seal & declare the within to be his last will & testament & that they subscribe the same as witnesses & saw Simon Whitaker do so likewise in the presence of the testator & at the time of the testators making the ???? he was of a sound mind & memory.
Sworn to and subscribed in open court This 5th day of September 1831
Wm. McBride CCO N? Blanchard
John D. Stell
The Executors Thomas B. Gay & James pate quallify to act according to the will.
September 19th 1831
Recorded October 19th 1831
Wm. McBride CCO