contributed by Carol Gehrs Mitchell

Barham Chancery File 1859, Maury County, Tennessee.
Will of John F. Carr, 28 May 1834-7 May 1838

Will of John Fendall CARR:
Know all men by these presents, that I John F Carr of Maury County and State of Tennessee being of sound mind and disposing memory and knowing I have to die, and was wishing so to arrange and dispose of the affairs of my estate as that justice may be done, and disputes prevented after my death so make and ordain this my last will and testament in manner and form as follows, that is to say

1st my will is that all my just debts be paid out of money in hand at the time of my death, or due me.

2nd And that whereas, owing to the these natural effects I am acting guardian legally appointed for my four children, Charles, David, Susanna and Sarah as respects a devise to them by their uncle Isaac Daulton decd. of two thousand dollars, which amount I am responsible to them for and for raising the sum my will is that the tract of land I bought of Hezekiah Davis of one hundred and fifteen acres, together with the following Negroes to wit: George, Lee, Will, Perry, & Lewis be sold to the best advantage or so much thereof as may be sufficient to raise the said sum of Two Thousand dollars or my balance which may at the time remain unpaid.

3rd That all the balance of my estate of every description whatever as well real as personal I lend to my beloved wife Elizabeth Carr to hold and possess of and to use at will for her use and comfort during the term of her natural life or widowhood, and at the time of her death or marriage as the case may be my desire is there be delivered over to my son Charles, my Negro man Dick, to my son David my Negro boy Oliver and to my daughter Susanna my Negro girl Cherry and my boy Henry and also to my said three children each a horse and saddle of say seventy dollars worth with a bed & furniture each all of which with the increase of the said Negroes I give to my said children respectively their heirs and assignees forever and to my said children Charles, David, and Susanna and to my daughter Sarah Byrum, I give the tract of land whereon I now live containing two hundred and thirty five acres, more or less equally and jointly between them my said four children, which they use to possess at the death or marriage of their mother as the three first named are the Negroes ? and not beforewhich said tract of land with its appurtenances. I give to my said four children their heirs & assignees forever and a the death or marriage of my said wife, as the case may be, my will is that the whole remainder of said estate of every description whatever lent to my said wife as above (and not otherwise disposed of in a forgoing part of this will) be sold to the best advantage at public auction and the proceeds thereof equally divided among all of my children with the following exception viz. That as my daughter Elizabeth Martin has been deliver into poverty by the misfortunes of her husband Alexander Martin and I being disposed fro the Love & affection I have for her to make some provision and disposition for her comfort and maintenance and in a way not subject to the debts of control of her said husband. Therefor before the sale as above provided for shall take place Commissioners shall be appointed by the County Court to appraise the whole remainder of said estate (not otherwise disposed of as above) and then they set out of said estates so appraiser one equal child’s part of such variation in the article of Negroes of such description as may with convince be removed to the State of Missouri where my said daughter Elisabeth now lives which said Negroes with their increase I give to Brice M Hammack of the State of Missouri and his heirs interest for the use & benefit of her my said daughter during the term of her natural life , and that during which time, he either let her have possession and benefit of said Negroes or remit top her for her use the regular profits there of as she may need, and at her death for him said Brice & trustee as aforesaid or his heirs as the case may be to transfer. Set over in and form of law all the right title & interest in and to said Negroes with their increase this vested in him said Brice M and his heirs for the purpose above to the children of her my said daughter Elizabeth as well such as she may hereafter have as those she now has, to be equally divided among them. In full faith and confidence that my said trustee will truly & honestly do justice in this matter according to the true interest & remaining of the forgoing provisions herein I invested him with this trust and that when this provision as respects my said daughter Elizabeth is fully complied with, the whole balance of said remainder be sold at above & the proceeds thereof equally divided all the balance of my children to wit Alsey Hughes, William Carr, Charles Carr, Nancy Martin, David Carr, Polly Davis, Susanna Carr, Mildred Jones and Sarah Bynrm excepting out of this division my daughter Betsy for the reasons above.

4th And I hereby nominate constitute and appoint my son William Carr and my much esteem friend Charles Harrison to execute this my last will and testament in the time interest and meaning there of. In testimony whereby I have hereunder set my hand and seal this 28th day of May in the year of our Lord 1834 and in the seventieth year of my age.

John F Carr.

Test. Matthew Moore, Humphrey Harrison

State of Tennessee Marshall County, County Court May Term 1838.
Personally appeared in open court Matthew Moore and Humphrey Harrison subscribing witness to the foregoing will and proved the our execution thereof as the same Negroes.

Witness my hand at Office 7th day of May 1838. State of Virginia Marshall County.

I Stephen Tally clerk of the county court of said county do hereby certify that the foregoing is a true and justified copy of the last will and testament of John F Carr decd. together with the clerks certificate of the probate of as appears of record and on file in my office.

In testimony I have here unto set my hand and official the seal of my office at office in Lewisburg this the 25 day of February 1857.
Stephen Tally clerk.