I William Carr of the County of Halifax being old and Infirm but of sound
and disposing mind and memory do make this my last will and testament in
manner following that is to say: I direct that all my Just debts be paid
by my executor herein after named. I Give to my Grandson Thomas A Carr son
of Thomas Carr deceased the lower part of the tract of land on which I now
live including the mansion house to be laid off by a line commencing on the
ridge path leading to Hawkins old place fifty Yards above a small old field
in Tuckers line thence a straight line across the plantation and crossing
Bradley Creek to the corner between my land the land of John Carr and of
William Pringle I also give to my said Grandson Thomas A Carr the following
negroes, to wit, Rawley, Mahaly, Jordan, and Young Ransom also two beds and
furniture one walnut desk one walnut cupboard one walnut chest folding table
clock and case two trunks one case and bottles and all my plantation tools
including ____ cart lock chain and cross cut saw to him and his heirs forever
but my said Grandson Thomas A Carr is not to have the possession of the land
and other property hereby devised and bequeathed to him until he shall arrive
to the age of twenty-one Years. --
I give to my Granddaughter Milinett Carr and Margarett Carr the balance of
the tract of land on which I live to be divided between them by a line beginning
at the same point at which the former line is directed to commence thence
a straight line to Joseph H Crews's line to be run so as to make the two
lots as nearly equal as may be regarding quality and quantity the lot lying
on Bradley Creek & Lick branch. I devise to Margarett and the other lot
to Milinett to them and their heirs forever but the said Milinett and Margarett
are not to have the possession of the land hereby devised to them until they
shall respectively arrive to the age of twenty Years or Marry which ever
shall first happen I give to my three grandchildren Adeline Paul and Patience
Carr children of my son William H Carr three negroes to wit America, Daniel
and Dilcy with their future increase to be equally divided between them whenever
the oldest of them shall arrive to the age of twenty one Years or marry whichever
shall first happen but if either of my said Grandchildren should die before
such division shall take place I Give the said shares to the survivors of
them. I give to my Granddaughter Jane Frasier one negro boy Israel for and
during her natural life and at her death to her children to equally divided
between them. I Give to my Granddaughter Francis Farmer one negro Girl Eliza
for and during her natural life and at her death to her children to be equally
divided between them.
I Give to my Granddaughter Elizabeth Carr daughter of my son Thomas Carr
decd one negro woman Rachel for and during her natural life and at her death
to be equally divided among her children. I Give to my Granddaughter Milinett Carr
one negro boy Anthony for and during her natural life and at her death to be
equally divided among her children but she is not [to] receive the possession
of the said slave until she shall arrive to the age of Eighteen Years or marry
whichever shall first happen.
I Give to my Grandson Morgan Carr one negro boy Mason but he is not to receive
the possession of him until he shall arrive to the age of twenty one Years
--I Give to the children of my granddaughter Sally Tucker equally to be divided
among them one negro boy Joe --
I give to my daughter in law Nancy Carr the widow of my son Thomas Carr decd
and to my Grandchildren Elizabeth Carr, Milinett Carr, Margarett Carr, and Morgan
Carr each one bed and furniture --
It is my will and desire that all my estate not herein before specially devised
and bequeathed as well as that which has been so specifically devised and
bequeathed until the time at which the several devisces and legatees shall be
entitled to receive possession it be kept together my executers herein after
named and the proceeds thereof be applied to the support and maintenance of
my daughter in law Nancy Carr the widow of my son Thomas Carr deceased her
four children, to wit, Milinett, Morgan, Margarett, and Thomas A Carr and for
their education until they shall respectively arrive to the age of twenty one
Years or shall otherwise be entitled to receive the legacies hereinbefore bequeathed to
them and if there shall be any surplus above their necessary support and
education to remain in the hands of my executers to be disposed of as herein
after directed. And to enable my executors fully to executed this provision of
my will I do vest them with full power and authority to dispose of the perishable
estate which in their discretion they may think will best promote the interest
of my estate and also to purchase horses or other stock which they may think
necessary for the use of the plantation.
I Give to my two Grandchildren Margarett Carr and Thomas Children of my son
Thomas Carr decd all the remaining part of my estate not herein before disposed
of of whatever nature or kind it may be to be delivered to them when my Grandson
the said Thomas A Carr shall arrive to the age of twenty one Years and it
is hereby expressly declared that this bequest is intended to embrace not
only such property money or effects as I may die possessed of above what may
be required to pay my debts and funeral expenses but also all the profits of
my estate which may accrue under the clause of my will next proceeding this.
But the said Margarett Carr and Thomas A Carr are to give a decent support
and maintenance to their mother from the time the said Thomas A Carr arrives
at age during her life or widowhood and it is hereby expressly declared that
if the said Nancy Carr should hereafter marry from that time she will have
no right to a support out of my estate--
Lastly I do appoint my friend James Atkinson and John M ______ executers of this
my last will and Testament hereby revoking all and every other will or wills
heretofore made by me In Testimony whereof I have hereto set my hand and
affixed my seal this 1st day of August 1833.
The words with their future increase on the 2nd page interlined before signing
his William [X] Carr ((seal)) mark Peter Rives
Joel Hulbard
Zebidee Petty
At a Court held for Halifax County this the 28th day of September 1835 The
foregoing writing purporting to be the last will and testament of William
Carr decd was exhibited in court by James Adkinson one [of] the executors
therein named for probat (sic) whereupon James Tucker and William Ridgeway
came into court and make themselves parties defendant to contest the same,
& at another court held for the said County the 23rd day of November
1835 Silas Carr & William Carr came into court and made themselves parties
deft to contest the said will. And another Court held for the said County
the 29th day March 1836 came the parties by their attorney and after hearing
the testimony of sundry witnesses who were sworn and examined. It was ordered
that the court be dejourned until tomorrow morning 10 Oclock. And at another day
to wit at a court continued & held for the said County the 30th day of March
1836 came again the parties by their attorneys and the testimony of the
witnesses & the arguments of counsel being fully heard the court on
consideration thereof is of opinion that the said William Carr dec'd at the time
of executing the writing aforesaid was of sound disposing mind and memory And
thereupon the said writing being proved by the oaths of the witnesses thereto
subsented it was ordered that the same be recorded as the last will and testament
of the said William Carr dec'd and at another court held for the said County
the 29th day of June 1836, The executors in the said Will failing to Qualify
on the motion of Jordan Lipscomb Guardian of Adeline, Paul, & Patience Carr.
It is ordered that the estate of the said William Carr decd be committed to the
honor of Peter Rives, Sheriff of the said County for administration with his
said Will annexed according to law --
Teste Wm Holt CHC Halifax County Court November 27th 1838
administration with the Will annexed granted Zebidee Petty
Teste Wm Holt CHC
