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[In left margin:]
The last will and testament of William Carter
[end of left margin]
In the name of God Amen
I William Carter of the County of Patrick and state of Virginia being mindful of the uncertainty of of life and the certainty of death do hereby make this my last will and testament in manner following. That is to say item the first[:] I devise that my body be plainly but decently interred and that my funeral expenses and debts be paid by my executors herein after named out of debts due me if enough can be collected for that purpose if not the deficiency to be supplied by sale of my personal property or land as herein after provided[.]
Item the 2nd[:] I give to my beloved wife Susan Carter during her life the plantation on which I reside together with the Hensly tract the Fairey tract and another tract of 533 acres lying between the tract on which I now live and the Hensely tract of which tracts adjoin each other also the following slaves to wit Peter Lewis Martin Lucinda old Jane Bob Martha Anica Phillis Molly old June and Abram also all my household and kitchen furniture plantation tools and as much of all kinds of stock as she may choose to keep[.]
Item the 3rd[:] I have given to my daughter Nancy Forkner three Negroes with furniture and other property which I consider as sufficient for her share[.]
Item the 4th[:] I give to my daughter Sally Hanby in addition to what I have allready given her the upper end of the tract of land on which I now reside lying above a cross fence which runs up a ridge to the North west line of which land the said Sally Hanby is now in possession also another tract of land on which she now lives both of which tracts she is to enjoy during her natural life and after death the same is to be equally divided between her two sons Gabriel and David Stuart Hanby should the said last mentioned tract of land be recoverd by law from the said Sally Hanby or from one of her sons to whom it falls after her death then the value of said tract of land but no costs of suit, be paid out of my estate to said Sally or to her said son as the case may be.
Item the 5th[:] I have given to my son William Carter in his life time a tract of land in the County of Stokes North Carolina and other property in addition thereto it is my will and desire that my executors as soon after my death as is convenient make sale of my tract of land called the Charles Smith place on such terms as they may think proper and that my son Archelaus Carter shall take charge of the money arising from the sale thereof as a fund for the benefit of the children of my son William to be laid out at his direction either in completing their educations starting them in life or in such way as he shall consider most advantageous to them endevouring as far as possible in the distribution of the fund to preserve equality among the said children. Provided however that if at my death any judgement or decree should be in force against me as security for my son William in his administration of the Estate of William Moore dec'd such judgment or decree shall be first satisfied out of the said fund and if the suit now depending against me and others as securities of my son William
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in his administration aforesaid shall not be determined during my life then it is my will and desire that my said son Archelaus reserve the said fund (puting the same at interest) until the termination of said suit and if any money be had therein against my estate that the said fund be applied to the discharge[.]
Item the 6th[:] I have deeded to my son Archelaus the ballance of my land in Stokes County North Carolina and a small tract adjoining in Virginia in addition to which I give to him a negro boy named Amos[.]
Item the 7th[:] I have given to my daughter Susan Bradley four likely negroes and some other property which is her full share of my estate, but it is my will and desire that if she shall hereafter come to Virginia on a visit to her Mother the expenses of her journey shall be paid coming and returning[.]
Item the 8th[:] I give to my unfortunate son David H Carter at the death of his mother all the lower part of the tract of land on which I now reside to be divided as follows. Beginning at or near Dan River at the lower end of the meadow field on the North side of the said River thence up the same so as not to include any part of the said meadow field to the north of the first branch on the south side of said River thence up the said branch to an old mill path thence a south west course up a ridge between the path and the branch to a corner black gum on the south side of Fall Creek thence down the creek with a line of my survey of 533 acres to the line of the Terry tract thence with that line down the River to the lower end of the rail bottom to a Red Oak on the North side of the River marked IM & RS thence with my north lines up the River to the beginning. I also give my said son David a negro boy named Henry a good horse saddle and bridle[.] I desire that he shall remain with his Mother and be supported by her she having the use of his negro Henry during her life and at her death it is my desire that he shall reside with one of his Brothers who shall apply the profits of his estate both real and personal to his decent and comfortable support. It is to be understood that the property above bequeathed and herein after bequeathed to my son David is to be held in trust by my son Archelaus for his benefit and support and is not to be disposed of by him in any manner without the consent of the said trustee as well as his Mother if alive if the said David shall marry with the consent of his Brother Archelaus and his Mother or the survivor of them it is my will and desire that he may be furnished with beds stock or as nearly equal with the rest as possible which shall be held in like manner with the ballance of the property left him which shall be held in like manner with the ballance of the property left him by his Brother Archelaus in trust for his benefit and support and it is my desire that in that case my son Archelaus shall still manage his business for him in such manner that his property be not wasted and destroyed. If my son David shall marry without the consent of his Brother Archelaus and his Mother or the survivor of them then it is my will and desire that my son Archelaus hire out the negroes and rent the land left to him and apply the proceeds thereof to his support in such manner as to him shall seem best. It is my will and desire that the property hereinbefore and hereafter bequeathed to my son Archelaus in trust for my son David in case the said David should die without issue by a marriage entered into with the consent of my son Archelaus or his Mother or the survivor of them or afterwards approved by them or the survivor of them shall be equally divided among all my children then alive or the children of those who may be dead such children taking the share of
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their deceased parents respectively. But if my son David shall die leaving issue by a marriage entered into with the consent of my son Archelaus and his Mother or the survivor of them or afterwards approved of by them or the survivor of them then the property bequeathed in trust for his benefit shall go the said issue[.]
Item the 9th[:] I have given my son Madison D Carter a tract of land on the Laurel fork of Big reed Island and a place on the top of the mountain called the Roash place and a negro man named Sam. In addition to which I give him all the land left to his mother during her life except the Hensly place and the land left to my son David. I also give him a tract of land lying on Burke fork of Big Reed Island which was formerly owned by Elias Daniel and deeded by him to me this last devise is however only to take effect in case my son Madison D Carter shall convey to me during my life or to my son Archelaus Carter my executor after my death the Roash tract which I have deeded to him[.]
Item the 10th[:] I give to my grand children Susan Martin Anne Martin Ruth Martin and John Martin children of my deceased daughter Hannah Martin in addition to what I have given their mother in her life time three negro girls namely Matilda, Jane her sister and Elvy and their increase to be equally divided among them when John the youngest arrives at the age of 21 years, and in the mean time if either or all three of my said grand daughters marry each of them so marrying is to have one of the said negro girls to wait upon her until the time of division aforesaid, and should any said grand daughters chose to remain with their grandmother they are to be supported free of charge so long as they so live with her[.] I also desire that my grand son John Martin receive at the expense of my Estate (if he does not receive the same in my life time) a good plain English education and it is my desire that he remain with his grand mother during her life time or until he arrives at age and attend to her business for her[.]
Item the 11th[:] I have heretofore furnished my daughter Malinda Perkins with stock, bed, furniture and have loaned her a negro girl named Eliza and have paid her husband dollars in cash in addition to which I gave her during her life the said negro girl Eliza and her increase to wait upon and assist her and not to be liable to be sold for the debts of her husband even for that period at her death the said girl and her increase to go to the children the said Malinda may leave. I also give her during her life a tract of land containing 344 acres called the Sherlock place and a part of a survey of 300 acres panted[?] to me adjoining the above bounded as follows[.] Beginning at a Chestnut corner of both surveys thence down Jakes, or Arches Creek as it meanders to a white Oak corner in Bells order line and my survey thence following the lines of my said survey on the south side of the Creek to the beginning including all the land in said survey on the south of Arches Creek and at her death the said land to go to her children[.] The said Perkins being permitted to live on it until her youngest child arrives at the age of 21 years or marries[.] It is however my will and desire that if my said daughter Malinda shall be desirous to remove to the western country she may with the approbation of either of her brothers Archelaus or Madison D Carter sell the said land but
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the purchase money shall be paid over to either the said Archelaus or the said Madison and laid out in the purchase of land in such part of the western country as the said Malinda may choose and a conveyance taken for the same with the same limitations and to the same effect as is herein provided and attached to the above devised land.
Item the 12th[:] I give to my son Madison D Carter in addition to what I have above given him all the ballance of my 300 acre survey on Archie or John Creek not devised to his sister Malinda also a survey of 90 acres on the Bee[?] branch[?] adjoining the land devised to his Mother during her life and to him at her death.
Item the 13th. It is my will and desire that my executors shall and they are hereby authorised to sell and convey my Hensly tract after after the death of my wife my Roash Tract if my son Madison shall convey the same to me in my life time or to my Executor Archelaus H Carter after my death and if he shall not then the place in Bushy fork conditionally devised to him shall be sold in lieu thereof, the Rams[?] Cove tract David or Cross Road Tract Silver leaf tract on the Carolina line and all my other tracts of land of which I may die seized and which I have not herein devised & the proceeds thereof shall be equally divided as follows[.] Nancy Forkners Children one equal share Hannah Martins children one equal share Sally Hanby one equal share William Carters children one equal share and Malinda Perkins one equal share[.]
Item the 14th[:] It is my will and desire that all my slaves and other property not herein devised shall belong to my wife during her life and it is further my desire that if my wife shall think proper she may at any time give up any of the slaves or other property to either of those to whom the same are herein after devised after her death provided the same be valued at the time and a refunding bond given conditioned to pay to the other legatees the value of said property over and above the share of the legatee so receiving the property.
Item the 15th[:] After the death of my wife it is my it is my will and desire that all the perishable property which she may leave shall be sold by my executors and the negros if possible divided in kind as follows[:] my son A H Carter to have one share my son Madison D Carter to have one share my son David H Carter one share (to be held by his mother in trust as herein before provided) Sally Hanby one share the children of Nancy Forkner one share the children of Hannah Martin one share the children of William Carter one share and Malinda Perkin one share to be held during her life and afterwards to her children[.]
Item the 16th[:] It is my will and desire that all my moneys that may remain in the hands of my executors after paying of debt whether derived from debts collected sale of perishable property or from any other source except the sale of lands herein before provided for shall be equally provided among the same persons and held in the same manner as is above directed in reference to the slaves bequeathed to my wife during her life[.]
Item the 17th[:] It is my will and desire that should any difficulty arise in the construction of this will the division of the property or in any matter conected with my Estate that such difficulty
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shall not be settled by a law suit but shall be refered to the final adjustment and decision of my friends Samuel Hughes and Archibald Stuart of the county of Patrick and William Martin of the county of Franklin, whose award or that of the majority of them or in case of the death of one or more of them that of the survivor or survivors if them shall be final and conclusive between my executors and the legatees and devisees under this will or between any of these legatees and devisees themselves.
Item the 18th[:] I hereby revoke all wills by me heretofore made[.]
Item the 19th[:] I do hereby appoint Archelaus H Carter and Madison D Carter (my sons) executors of this my last will and testament.
In testimony, whereof I have hereunto set my hand and seal this 23rd day of February 1843[.]
Wm Carter (seal)
Signed sealed & published in presence of
Arch Stuart
David P. Stuart
I William Carter do hereby make and publish this as a codisil to my last will and testament hereto annexed and bearing date the 23rd day of Feby 1843 that is to say in consequence of the death of my grand daughter Ruth Martin since the execution of my said will[.] I do bequeath the negro girl Elva and her increase to my wife during her life time then to be disposed of in the same manner as is provided for in the 15th Item in said will in reference to the other slaves and property left to my wife during her life[.]
In testimony whereof I have hereunto set my hand and affixed my seal this 11 day of Oct 1843.
Wm Carter (seal)
Signed Sealed and published in presence of
Arch Stuart
David Stuart
I William Carter do hereby make and publish this as another codisil to my last will & testament hereunto annexed and bearing date of 23rd day of Feby 1843 that is to say that instead of the devise heretofore made in the said will to my son Madison D Carter of my house place it is my will and desire that the said Madison D Carter shall hold the Roake place all ready deeded to him and shall not be required to reconvey the same to my executor Archelaus H Carter and in addition thereto the lands heretofore devised to him shall have the following lands to Wit a small tract of land purchased of Williamson Smith adjoining the said Roack place also a tract of land containing about 200 acres which I purchased of William Newman also a tract of land containing 60 or 70 acres called the spice cove which I purchased of Brite[?] Stovall[?] and it is my will that the land where I live devised to the said Madison D Carter after the death of my wife shall be valued by commissioners to be appointed by Samuel Hughes William Martin & Archibald Stuart or any two of them and if any one or more of my heirs and devisees will take the said land at the valuation made by the commissioner appointed as aforesaid paying to all the ballance of my heirs their equal portion of said valuation the said devise or devisees shall have the said land if none of my heirs will agree to take said land at the valuation aforesaid[.] Then
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it shall be the duty of my executors to expose the said land at public sale on a reasonable credit and when the purchase money shall be collected to divide the same among my heirs according to the act of distributions of the legislature of Virginia providing for the distribution of intestates Est[.]
In testimony whereof I have hereunto set my hand and affixed my seal this 30th day of July 1845[.]
Wm Carter (seal)
Signed sealed & published in presence of
Archibald Stuart
Martin Cloud
Nathaniel L. Mase[?]
I, William Carter do hereby make and publish this a third codisil to my last will & testament hereunto annexed and bearing date the 23rd day of Febuary 1843 that is to say I do hereby entirely revoke the 2nd codisil to my said will hereto annexed bearing date the 30th day of July 1845 leaving the devised to my son Madison D Carter as set forth in my will in full force. It is my will that if my daughter Malinda Perkins shall wish to sell the lands devised to her either for the purpose of removal to the west or for any other reason it shall be the duty of my executors to sell the same and to vest the proceeds of the sale either in the purchase of other lands or of personal property as the said Malinda may prefer if vested in land the same shall be held in the same manner and subject to the same provisions as the land devised to said Malinda in my will if vested in slaves or other personal property then the same is to be held in the same manner subject to the same provisions as the personal property bequeathed to said Malinda in my will it is further my will that if my son David shall survive his brother A H Carter that my son Madison D Carter shall act as his truste with the same powers as are granted in my will to Archelaus H Carter and if the said David shall also survive his brother Madison D Carter then it is my will and desire that the County Court of Patrick shall appoint some fit[?] and proper person as truste to have the same power over the person and property of said David as is vested by my will in Archelaus H Carter[.]
I testimony whereof the said William Carter has hereunto set his hand & seal by A Stuart he being unable to write this 13th day of November 1845[.]
Wm Carter (seal)
Signed sealed and published in presence of
A. Stuart
Ishan Ba[???] x (his mark)
Patrick February Court 1846
The last will and testament of William Carter decd was presented in court proved by the oath of the witnesses thereto subscribed and ordered to be recorded and thereupon Archelaus H Carter and Madison D Carter the executors therein named appeared in court and having taken the oath required by law and having entered into and acknowledged a bond in the penalty of Eight Thousand Dollars conditioned and according to law with Isaac Adams Thomas McCabe and Absolem Seales[?], their securities have certificate of probate [in all forms?] of law.
Teste Saml G. Staples DC