Matthew Pate (abt. 1738 - bef. 1804)

Born about 1738 in Bedford, Virginia

Ancestors

Descendants

Died before 23 Jul 1804 before about age 66 in Bedford, Virginia

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Biography

Matthew Pate was born about 1738, the son of Edward Pate (1713-1767) and Martha (Tinsley) Pate (1695-1767). He is believed to have married Mary Ann Dabney about 1764.

Matthew and his wife had at least ten children. He was involved in land, and possibly other business ventures, with his oldest sons: in Bedford County, Virginia, with his son John; and in Botetourt County, Virginia, with sons John and Cornelius. Disputes concerning these businesses and other intrafamilial transactions continued until at least the 1860s.

Matthew died intestate prior to 23 July 1804, when his sons Cornelius Pate and Matthew Pater were appointed administrators for his estate.^[1] Litigation soon arose among his heirs. The pleadings state that his wife had predeceased him, so the ten children who were alive or had descendants at the time of his death were repeatedly identified. The list of Matthew's children and their families changed from the first action in 1805^[2] to a decision by the Supreme Court of Virginia on 18 March 1863, as family members died.^[3] Matthew's children and their families identified by these cases and other souces are:

• John Pate, who died intestate and childless, reportedly about 1829.
• Anna M (Pate) Buford (bef.1772-), who married William Buford.^[4] She died before these cases ended. Her heirs were John Buford, Pate Buford (abt.1810-), and James M. Buford.
• Cornelius Pate, who died intestate and childless in 1807.
• Mary (Pate) McGeorge , married Lawrence McGeorge.^[5] Both died before these cases ended. Their heirs were identified as Joel Meador and Agnes, his wife; unknown heirs of Rhoda (McGeorge) Meador (1809-bef.1850); Edmund McGeorge; and Polly McGeorge.
• Agnes (Pate) Haynes (abt.1774-1843), who married William Haynes.^[6] She died before these cases ended. Her heirs were William Haynes, Millner Haynes, Polly (Haynes) Skillman (1802-1846), Cornelia (Pate) Armstrong, Emily (Pate) Bowmer Stith, Cornelius Haynes, and John Haynes's children.
• Matthew Pate, who died before these cases ended. His heirs appear to have been Cornelius Pate; William H. Pate; Rhoda S. Pate; Ann Pate; Mary (Pate) Gibbs, wife of Joel Gibbs; and the minors Matthew Pate and Frances Pate.
• Edmund Pate (1783-), who married Sarah Bailey.^[7] He died before these cases ended. His heis were identified as William D. Pate, Henry C. Pate, and Otho Pate.
• Rhoda (Pate) Shrewsbury, who married William Shrewsbury^[8] and died before her father, leaving minor children John Shrewsbury, William Shrewsbury, and Rhoda Shrewsbury.
• William Pate, who was a minor at the time of his father's death, died intestate and childless, reportedly about 1821.
• Nancy (Pate) Haynes, who was a minor at the time of her father's death, and later married Milner Haynes.^[9] She died before these cases ended. Her heirs were Millner Haynes; Narcissa (Haynes) Henry, wife of Abel Henry; Elizabeth (Haynes) Hendrick, wife of Thomas Hendrick; Perry Haynes; William Haynes, Mattthew Haynes; and John Haynes.

Research Notes

Although the records concerning Matthew Pate are incomplete in many respects, lengthly litigation in the Chancery Courts of Virginia named his heirs and other family members. The children, their spouses, and grandchildren listed in his biography are identified in these sources.

The first action, in 1805, was against sons Cornelius Pate and Matthew Pate, Jr., who had obtained letter for the administration of the estate, by the other heirs, who sought the appointment of commissioners to settle the estate. Their petition appears to have been unsuccessful.^[2]

Further litigation was filed in 1809, after the 1807 death of one of the two administrators, Cornelius Pate.^[10] The plaintiff, Lawrence McGeorge, husband of Matthew's daughter Mary, admitted that the "so great was the confidence" he had in Cornelius, as a relative, that no written record was made of their transactions. Since Cornelius could no longer fulfill these verbal commitments, Lawrence sought a court order to settle the estate's property issues.

Lawrence McGeorge filed his next chancery action in 1814. It alleged that his brothers-in-law had engaged in a "secret trust and confidence" to protect property from the creditors of their brother John Pate. John Pate denied wrongdoing, but admitted there was a "derangement" of his financial affairs, including a 35-day confinement in jail in Fincastle, Virginia.^[11]

Lawsuits between the Pates and other parties continued for many years. The most-recent case examined in updating this profile was a consolidation of several chancery actions that concerning the claims of Matthew Pate's heirs to a 390–acre tract in Big Lick, Botetourt County, Virginia.^[3] The alleged proportinate claims of Matthew's ten heirs to this land are detailed at Images 253 to 254 of the file, although the final decision does not appear to have given each the calculated amount. The parties were identified in the 6 October 1856 decision of the Chancery Court and in the 18 March 1863 partial reversal by the Supreme Court of Virginia (Images 281-290 of 354). It is likely of course, that the ongoing Civil War hindered the accuracy and enforceability of the Virginia Supreme Court's judgment.

Sources

1. ↑ Bedford, Virginia Court Order Book Vol. 13, p. 118 (23 Jul 1804; United States Records, images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3QHV-V382-WSC5-G : April 22, 2022), image 306 of 451; Virginia. County Court (Bedford County).
2. ↑ ^{2.0 2.1} John Pate v. Cornelius Pate, Local Government Records Collection, Bedford County Equity Case 1805-011, the Library of Virginia, Richmond, Virginia; https://www.lva.virginia.gov/chancery/case_detail.asp?CFN=019-1805-011 ; viewed 17 Apr 2022.
3. ↑ ^{3.0 3.1} Matthew Pate v. Edmnd Pate; Matthew Pate v. Robert Irvine, Local Government Records Collection, Bedford County Equity Case 1856-042, the Library of Virginia, Richmond, Virginia; https://www.lva.virginia.gov/chancery/case_detail.asp?CFN=019-1856-042#img ; viewed 18 Apr 2022.
4. ↑ "Virginia, County Marriage Records, 1771-1989," database with images, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:6Z4Y-WGPJ : 12 March 2021), William Buford, 20 Oct 1791; citing Marriage, Bedford, Virginia, United States, Circuit court clerk offices, Virginia.
5. ↑ "Virginia, County Marriage Records, 1771-1989," database with images, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:6Z4Y-WGP2 : 12 March 2021), Lawrence McGeorge, 26 Oct 1795; citing Marriage, Bedford, Virginia, United States, Circuit court clerk offices, Virginia.
6. ↑ "Virginia, County Marriage Records, 1771-1989," database with images, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:6Z4Y-WGPP : 12 March 2021), William Haynes, 5 Dec 1797; citing Marriage, Bedford, Virginia, United States, Circuit court clerk offices, Virginia.
7. ↑ Marriage Register for Lynchburg City, Virginia, p. 22 (1 Jan 1823); "Lynchburg, Virginia, United States Records," images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3QS7-89XF-H5SM : April 19, 2022), image 108 of 255.
8. ↑ "Virginia, County Marriage Records, 1771-1989," database with images, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:6Z4Y-WGPT : 12 March 2021), William Shrewsbury, 23 Dec 1799; citing Marriage, Bedford, Virginia, United States, Circuit court clerk offices, Virginia.
9. ↑ "Virginia, County Marriage Records, 1771-1989," database with images, FamilySearch (https://www.familysearch.org/ark:/61903/1:1:6Z4Y-WGPB : 12 March 2021), Millner Haynes, 25 Jan 1808; citing Marriage, Bedford, Virginia, United States, Circuit court clerk offices, Virginia.
10. ↑ Lawrence McGeorge v. John Pate, Local Government Records Collection, Bedford County Equity Case 1809-015, the Library of Virginia, Richmond, Virginia; https://www.lva.virginia.gov/chancery/case_detail.asp?CFN=019-1809-015#img ; viewed 17 Apr 2022.
11. ↑ Lawrence McGeorge v. John Pate, Local Government Records Collection, Bedford County Equity Case 1814-006, the Library of Virginia, Richmond, Virginia; https://www.lva.virginia.gov/chancery/case_detail.asp?CFN=019-1814-006#img ; viewed 17 Apr 2022.

• Encyclopedia of American Quaker Genealogy, 1750 - 1930, William Wade Hinshaw, Vol. VI, Page 885, Marriage Bonds of Bedford Co., Virginia, 1791, 10, 20. William Buford & Anney Pate, dt Matthew. Cornelius Pate, Surety (note: I have added this to show Matthew as her father-BJS Jul 2020)