Source: Sumner County Tennessee, Will Book Vol. 5, pages 20-22
page 20
I, Marcus Bate being of sound mind, and peacefully disposed towards all mankind, believing in the truth and virtue of christianity, and recognizing that the mortal part of our body must die and pass away severing and disolving all our earthly ties and associations, therefore in preparation for this change, which sooner or later must come to all Man-kind, I am moved to make and establish the following disposition of my property and effects, Viz:
It is my wish and will and I hereby publish it, that my sons Robert and Ben Bate and my daughter Emma (the wife of Jack Bullock) shall have and possess in equal and just proportions & have & share alike the land upon which they now live; the same conveyed to me by recorded deed from Robert Wright being forty acres more or less.
I will and bequeath the share or proportion of this land which is to be set apart to my daughter Emma above said to her sole and separate use free from any debts incumberances(??) or charges whatever of her present or any futher husband so that the same may descend to her children, and in case of failure in this line, then the said land shall revert to her brothers, Jas. Robert, Ben and Charles or their heirs in equal shares.
To Charles Bate I leave and will the home place where I now live, the same purchased of Ed Walton and fully described in this deed to me which is on record, containing 39 acres more or less. I hereby tax and charge him said Charles with the care and maintenance of his mother Mariah Bate, my wife during her life; Believing from his affection, Kind attention and obedience to me all his days that he will continue to protect, care for and support his mother when I shall have paid the last debt due to nature.
In order to lighten this charge upon him, I hereby bequeath and will to him by this instrument all
the house hold furniture and perishable stock which may be in my ownership at death. It is my
wish and will that Robert, Ben and Emma, my children [pg. 21] above mentioned permit Charles
Bate to get his winters supply of wood from their land free of charge as long as the land remains
in their possession. Having thus made and in the presence of witnesses executed this my last will
and testament. I hereby sign the same and request that it be delivered to Gov. W. B. Bate and
request him to see it recorded at proper time and faithfully carried out.
his
Marcus X Bate
mark
Witnesses,
We certify that Marcus signed the above will in our presence.
his
Grumdy X Head
mark
his
John X Glenn
mark
Codicil
It is just that I here state that the children of my first wife George Ann being grown and
emancipated at same time that I was then and now living in a distant country, hence it is that I
can but leave them my blessing.
Jas. Bate the oldest son of my wife Mariah I consider that in giving him his education which was
a big tax on me at that time, that I have given him the richest legacy and I hope and trust that he
will be an honor to his race and a conford [sic] and a help to his Mother.
Witnesses,
his
Grundy X Head
mark
his
John X Glenn
mark
Andendum [sic] [Addendum]
It is understood in my will that this support of Mariah Bate my wife remains during her life a tax
and charge upon that part of the land willed to Charles Bate my youngest son.
his
Marcus X Bate
mark
Witnesses,
his
Grundy X Head
mark
his
John X Glenn
mark
[Pg. 22]
Castalian Springs Tenn.
I do hereby testify that I read the above will over to Marcus Bate in the presence of Grundy Head
& John Glenn the subscribing witnesses and that he signed the same in their and in my presence
this the 9th. June 1891
(signed) James H. Bate
State of Tennessee
Sumner County Court December Term Dec. 16th. 1891.
A paper writing purporting to be the last Will and testament of Marcus Bate dec'd also a Codicil
thereto were this day produced in open Court for probate and each duly proven by the oaths of
Grundy Head & John Glenn subscribing witnesses thereto when each was admitted to probate
and ordered recorded as said Will & Codicil of Marcus Bate Dec'd.
A true copy.
Harris Brown Clerk