In the name of God, Amen. I Joseph Carter, Senr of Sumner County and state of Tennessee being weak of body but perfectly sound of both mind and memory do make this my last will and Testament in manner and form as follows to wit. It is my will and desire that all my just debts shall be paid which are but few out of any money that I may died possessed of or the first money that may come into the hands of my executors.
Secondly, I give and bequeath unto my beloved wife Ann the tract of land whereon I now live and the tract I purchased of Pleasant Bell containing in the whole two hundred and forty nine acres to have and to hold the same with all the rents and profits arising therefrom during her natural life and no longer, also twelve negroes namely Buck, Abram, Abba, Hanna, Temperance, Ritter, Lewis, Sally, Davy, Jacob, Dianah and Cuff for her own proper use and benefit. So long as she may live and no longer. Also she is to have all the household and kitchen furniture and the plantation tools all kinds, also four of the best cows and calves and all the stock of sheep and hogs and four of the best of work horses and the wagon all which she is to have and to hold for her own proper use and benefit during her natural life and no longer.
Thirdly, I give and bequeath seven grandchildren, the children of my daughter Mary Hanna the sum of eight hundred dollars to be equally divided among them and to be paid out to them by my executors as they become of age and without interest.
Fourthly I give and bequeath unto my daughter Elizabeth Simpson in addition to what I have given her heretofore two negro boys namely Jim and Bob, to her and her heirs forever.
Fifthly I give and bequeath unto my son Joseph W. Carter in addition to what I have given him heretofore a negro boy Statton and a negro girl named Amy and all the land I now own lying on the north side of Bledsoe for quantity see deeds to him and his heirs forever.
Sixthly I give and bequeath unto my son William Carter in addition to what I have given him heretofore a negro man named Blanderman and a negro woman named Chloe to him and his heirs forever.
Sevently I give and bequesth unto my daughter Nancy Carter the sum of fifty and no more.
Eightly I give and bequeath to my three granddaughters the children of my son Francis Carter, namely Mary Carter, Sarah Carter, and Martha Carter, jointly a tract of land lying on the ridge between the tract whereon I now live and Thomas Taylor's land called the Wilson containing sixty acres be the same more or less and forty dollars to each of them and their heirs forever.
Ninthly I give and bequeath unto my grandson Nathan Carter one hundred and twenty dollars in money.
Tenthly It is my will and desire that my property not heretofore disposed of in my will at my death shall be sold except so much thereof as shall be sufficient for the support of my wife, and her family for the present year and the money arising therefrom to be applied first to the payment of my debts and secondly to satisfy the respective legates before named in my will and the residue if any to be equally divided among three of my children, namely Elizabeth Simpson, Joseph W. Carter, and William Carter.
Elevently it is my will and desire that at the death of my wife Ann all the property that may then belong to my estate except the land and negroes shall be sold and the money arising thereby to be equally divided among all of my own children that are now living namely Elizabeth Simpson, Joseph W. Carter, William M. Carter and Nancy Carter and the tract of land whereon I now life at the death of my wife Ann I give and bequeath unto my son William M. Carter to him and his heirs forever for quantity see deed and the tract of land which I purchased of Pleasant Bell containing seventy five at the death of my wife Ann I give and bequeath unto my granddaughter Mary Carter to her and her heirs forever.
Twelve after the death of my wife Ann I give and bequeath unto my son Joseph W. Carter a negro man named Lewis to him and his heirs forever and unto my son William M. Carter I give and bequeath a negro man named Buck to him and his heirs forever and the other negroes not heretofore disposed of in my will at the death of my wife Ann except Abram, Abba, and Hannah are to be valued but not sold to any person who is not a member of my family, and the negroes at their valuation are to be equally divided among all of my children that are now living, and if any of the lot of the negroes be valued higher than others, the deficiency is to be made up in money and the three old negroes Abram, Abba and Hanna are to be taken care of by my executors who are to be appoointed hereafter as long as they live and at their deaths to be decently buried.
Lastly I do hereby constitute and appoint my beloved sons Joseph W. Carter and William M. Carter the executors of this my last will and testament hereby revoking all other or former wills by me made, now resigning my life unto the hands of my Maker it is my desire that when I die my remains shall be decently buried without ostentation or parade. In witness whereof I have hereunto set my hand and seal the seventh day of september in the year of our Lord one thousand eight hundred and thirty eight.
| Joseph Carter | (Seal) |
State of Tennessee Sumner County Court
July Term 1839.
The last will
and testament of Joseph Carter, Sen. Deceased was produced in open court for
probabe and was duly proved according to law by the oaths of Thomas Gilmore and
Thomas White the subscribing witnesses thereto.....William M. .CArter one of the
executors therein named appear in open court and together with Nelson B. Turner
and James H. Turner his secutrity entered into and acknowledged their bond to
Newton Cannon Governor in the penalk swum of thirty thousand dollars conditioned
as the law directs and took the oath of executor prescribed by law. Joseph W.
Carter the other executor therein named having also appeared in open court and
renounced his said executorship.
| Thomas Donoho, Clerk of Sumner County Court |