Oxfordshire, ENG to Chester Co., PA to Chatham Co., NC to Buncombe Co., NC to Rabun Co., GA; Late Sixteen Hundreds to Late Eighteen Hundreds
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Buncombe Co., NC:
Note: This family, originally Quaker, joined the cause of the Independence of America during the Revolution.
ROBERT CARTER was born Abt. 1665 in Oxfordshire, ENG (Probable), and died May 1751 in Chester or Marlborough Co., PA. He married LYDIA WALLEY 08 August, 1688 in Chester Co., PA.
Children of ROBERT CARTER and LYDIA WALLEY are:
1. PRUDENCE CARTER, b. 06 January, 1688/89, Delaware Co., PA; d. Bef. 1751, Pennsylvania (Probable); m. CALEB PUSEY, JR., 09 May, 1717.
2. JOHN CARTER, b. 08 June, 1691, Delaware Co., PA; d. 02 April, 1693, Pennsylvania (Probable).
3. HANNAH CARTER, b. 22 February, 1691/92, Delaware Co., PA; d. Aft. 1751, Pennsylvania (Probable); m. STEPHEN HARLAN, 26 September, 1723.
4. JOHN CARTER, b. 21 February, 1694/95, Chester or Delaware Co., PA; d. Bef. 01 July, 1760, Chester Co., PA.
5. LYDIA CARTER, b. 08 October, 1696, Delaware Co., PA; d. Bef. 1751, Pennsylvania (Probable); m. JOSEPH COEBOURN, JR., 27 May, 1718.
6. EDWARD CARTER, b. Bet. 1698 - 1702, Pennsylvania.
7. MARY CARTER, b. 11 December, 1699, Chester Co., PA; d. Bef. 1751, Pennsylvania (Probable); m. THOMAS HARLAN, 1720.
JOHN CARTER was born 21 February, 1694/95 in Chester or Delaware Co., PA, and died Bef. 01 July, 1760 in Chester Co., PA. He married ISABEL ATKINSON 03 March, 1715/16 in Bucks Co., PA (Probable), daughter of CHRISTOPHER ATKINSON and MARGARET FELL.
Children of JOHN CARTER and ISABEL ATKINSON are:
1. ISAIAH CARTER, b. State of Pennsylvania (Probable); d. Bef. 1770, State of Pennsylvania (Probable).
2. JOHN CARTER, b. Abt. 1717, Delaware Co., PA; d. Abt. 1760, State of North Carolina (Probable); m. BARBARA RUTH OR ROUTH.
3. MARGARET CARTER, b. Abt. 1721, Delaware Co., PA; d. Bef. 1770, State of Pennsylvania (Probable).
4. EDWARD CARTER, b. Abt. 1725, Delaware Co., PA; d. Aft. 1765, State of Pennsylvania (Probable).
5. ROBERT CARTER, b. Abt. 1729, Delaware Co., PA; d. Aft. 1765, State of Pennsylvania (Probable); m. SUSANNA (EVANS) SORELL, 1753.
6. SAMUEL CARTER, b. 26 December, 1733, Ashton TWP, Chester Co., PA; d. 06 September, 1804, Chatham Co., NC.
7. JOSEPH CARTER, b. Abt. 1737, Delaware Co., PA; d. 1765, State of Pennsylvania (Probable).
8. HANNAH CARTER, b. 1738, Delaware Co., PA; d. Aft. 1765, State of Pennsylvania (Probable); m. SAMUEL FARROW OR FARRA, Aft. 1765.
9. NATHANIEL CARTER, b. 1742, State of Pennsylvania (Probable); d. 1760, State of Pennsylvania (Probable).
The will of John Carter was written in Aston TWP, Chester Co., PA and signed on the 19th day of June in 1760.
The last will and testament of John Carter blacksmith of the Township of Aston the Nineteenth day of June in the year of our Lord one thousand Seven hundred and Sixty being sick and weake of Body but of Perfect mind and memory and Calling to mind the Mortality of my Body and knowing that it is appointed for all men once to Daey do make and ordain this my last will and Testament that is to say Principally and first of all I Give and recommend my soule to God that gave it and as for my Bodey I Recommend it to ye Earth to Bee Buried in a Decent manner at the Descretion of my Exetor and as Trusting Such worthy Extor wherewith it hath Pleased God to bless me with in Life I Give Devise Dispose of the same withal in following manner and form
First I order that my son Joseph have one of my mares and one of my Cows and Great Cot Secondly the same to my son Samuel Thirdly my bige Bible Brass ketall Little Pot and frithing Pan to my daughter Hanna and fourthly the book of Marters to my son Isaiah and as to the rest of my Estate Reall or Personable I order it be sold and all my Just Debts paid by my Excuter and w/t Remains over paying all my Just Debts I order to bee Equaly Devided between my son Edward and Granson Isack and I also ordain my son Joseph Exetur of this my last will and Testament this day and year above written in Witness hearof I have hearunto set my hand and seal.
John Carter (seal of)
In presence of (Brass Ketall Little Pot and frithing Pan Enterlined Before signing) Hugh Linn Jacob Richards Elizabeth Aikins.
Chester July 1st 1760 Then Personally Appeared Hugh Linn and Jacob Richards and under Oath on the Holy Evangelistic of Almighty God that they were personally Present and did see and hear John Carter the Testator above Named Sign Seal Publish Pronounce and declare the above writing to be his last will and Testament and that at the doing thereof he was of Sound and well desposing mind and memory to the best of thier understanding and also that their names thereunto subscribed as Witnesses were of their own proper Handwriting Respectively.
Sworn before Henry H. Graham D Reg.
Be it remembered that on the first day of July Anno Dom 1760 the last will and Testament of John Carter deceased was proved in the due form of law and letters Testamentary were granted Joseph Carter Sole Executor therein named who was Solomly Affirmed well and freely to Administer and bring in and Inventory of all deceased'd Estate Into the Registers Office of Chester on or before the First day of August next and to Render a true and Just Account of his Administration in a year or when Legally Required.
Given under the Seal of said office
Per Henry H. Graham D. Reg.
SAMUEL CARTER was born 26 December, 1733 in Ashton TWP, Chester Co., PA, and died 06 September, 1804 in Chatham Co., NC. He married MARY BARNES 03 July, 1756 in Providence, PA, daughter of BRINSLEY BARNES and ELIZABETH LINDLEY.
Children of SAMUEL CARTER and MARY BARNES are:
1. WILLIAM CARTER, b. 06 February, 1757, Delaware Co., PA.
2. JOHN CARTER, b. 06 April, 1759, Rockingham Co., VA; d. 25 September, 1844, Chatham Co., NC; m. JANE BROWN, 17 May, 1781, Alamance Co., NC.
3. EDWARD CARTER, b. 29 May, 1761, Bucks Co., PA; d. 11 March, 1838, Rabun Co., GA.
4. MARY CARTER, b. 11 October, 1763, State of North Carolina (Probable); d. Aft. 1810, State of Ohio; m. BALES BUTLER, 1783.
5. MARGARET CARTER, b. 10 February, 1766, State of North Carolina; d. 1805, State of Ohio; m. ISAAC STUBBS.
6. ELIZABETH CARTER, b. 17 June, 1769, Yancey Co., NC; d. 1810, State of Ohio; m. JOHN VESTAL, 02 February, 1795.
7. SAMUEL CARTER, b. 24 January, 1772, Alamance/Chatham or Orange Co., NC; d. 18 September, 1844, Lick Creek, Orange Co., IN; m. RACHEL KEMP, 11 November, 1795.
8. ROBERT CARTER, b. 24 September, 1774, Alamance or Orange Co., NC; d. 18 April, 1844, Lick Creek, Orange Co., IN.
9. MORDICAI CARTER, b. 21 May, 1777, Chatham Co., NC; d. Aft. 1815, State of Ohio; m. ANN COX, Bef. 1801.
Samuel left a will dated 3d day of 11th month 1802, Chatham Co., NC; probated Nov 1804 and recorded in Will BK "A" pp. 44 and 45, Chatham Co., NC.
Chatham County, North Carolina
the 3d day of 11th month 1802
My last will and testament is as follows.
Ist, I appoint my sons John and Samuel Carter my Executors, who I direct to discharge all my just debts and burial expenses. 2d I give to my sons, Samuel and Mordecai Carter my mills (corn and wheat) and lands to be equally divided by a North and South line. Samuel to have the east part and Mordecai the west, with full right to be enjoyed and possessed by them and their heirs forever, with the reserve for my wife Mary of one-third part of the grist mills' profits.
Also one-third of the meadows during her widowhood, she paying one-fourth part of the cost which may arise in keeping up the same, but in case the said Samuel or Mordecai should die without lawful issue, the survivor shall pay to my children named in the last clause, the sume of Eighty four Dollars yearly for six years, and shall possess all the land and mills aforesaid and if one of them should incline to sell, that he give his partner the first offer of purchase.
Also the said Samuel and Mordecai pay yearly to their mother during her widowhood 200 lbs fo pork and one hundred of beef.
Also that Samuel and Mordecai aforesaid pay each to my son Robert Carter the following legacy.....Samuel two hundred dollars, and Mordecai one hundred fifty.
3rd I give my son John Carter my desk.
4th I give to my son Robert Carter five dollars.
5th I give to my son Samuel Carter my clock and large Bible.
6th I give to my wife aforesaid as follows: Her choice of one of my house creatures, saddle and bridle, one cow and three sheep with all my household furniture and Books, except the bequeathed aforesaid, to dispose of at will.
I allow her peaceable possession of my dwelling house and privilige of firewood during her widowhood.
7th Lastly all my other estate whatsoever, I give to my children, namely: John Carter, Edward Carter, Mary Butler, Margaret Stubbs, Elizabeth Vestal to be equally divided among them except fourteen dollars less to John, in consideration of the desk aforesaid, and thirty dollars less to Edward for a note I discharged for him.
In witness whereof, I set my hand and seal the day and year aforesaid.
(Signed) Samuel Carter (Seal)
Witnesses: Nathan Dixon, Thomas Hadley, Benjamin Vestal
The words "lawful issue" were interlined before "Signed" and "one hundred of beef".
In Superior Court
I, E. B. Hatch, Clerk of Superior Court in and for said County and State, do hereby certify that the foregoing is a true and correct copy of the Will of Samuel Carter, probated in November, 1804, as of record in this office in Record of Wills A at pages 44 and 45.
Given under my hand and official seal, this 30th day of July, 1831.
Signed E. B. Hatch, Clerk of Superior Court
EDWARD CARTER was born 29 May, 1761 in Bucks Co., PA, and died 11 March, 1838 in Rabun Co., GA. He married (1) MARY BROWN Abt. 01 September, 1781, daughter of DANIEL BROWN and GRACE CRAVEN. He married (2) ISABELLA GROCE 29 December, 1835 in Rabun Co., GA.
Children of EDWARD CARTER and MARY BROWN are:
1. GRACE CARTER, b. 1782, Randolph Co., NC; d. Aft. 1838, Rabun Co., GA; m. AMBROSE SUTTON.
2. JESSE CARTER, b. 04 January, 1784, Randolph or Buncombe Co., NC; d. 26 February, 1871, Rabun Co., GA.
3. SAMUEL CARTER, b. 1785, Chatham or Randolph Co., NC; d. 1852; m. NANCY RAMSEY.
4. DANIEL GINNINGS CARTER, b. 28 October, 1788, Chatham Co., NC; d. 26 August, 1849, Madison Co., NC; m. MARGARET JENNINGS, 03 May, 1809.
5. "POLLY" MARY CARTER, b. Abt. 1790, Alamance Co., NC; d. Aft. 1838.
6. SOLOMON CARTER, b. 16 February, 1791, Alamance/Yancey or Chatham Co., NC; d. 27 July, 1873, Buncombe Co., NC; m. ALVIRA HOOPER, 16 March, 1817.
7. ELIZABETH CARTER, b. Abt. 1793, Alamance Co., NC; d. Aft. 1838, Gilmer Co., GA; m. JOHN ROBERTS.
8. JOHN CARTER, b. 1794, Alamance Co., NC; d. 1858; m. (1) LUCINDA JENNINGS; m. (2) E. LOVELL.
9. JOSIAH HENRY CARTER, b. 1796, Alamance or Buncombe Co., NC; d. Aft. 1860, Fannin Co., GA; m. JANE PINSON, 22 February, 1825.
Edward Carter served in the American Revolution. John Albert Burnett was approved for supplemental membership on Edward Carter for "SAR", National #129889. Edward was a sergeant in the Revolution and received bounty land for his service.
Edward's will was recorded in Rabun Co., GA on 15 Mar 1838.
Edward Carter's Will
Georgia, Rabun County
The last will and testament of Edward Carter, who now being in his right mind but in a weakly situation, and now in my 76 years of age and knowing by the course of nature that I have not much longer to live here on earth, and also believing while God is sparing me and while enjoying my senses, that my duty is here to setforth the things to be done with my estate after my decease.
First, my will is that all my just debts be paid.
Second, that my wife Isabel is to keep all the property that she now has on her own and to do as she pleases with it, which is one white cow and her increase, one bed and furniture, and all the property that she brought here with her when she came to live with me; and also one sorrel mare colt, and also to keep my plantation, mill and everything that I have now until her death for her support and for their to live on, without she marries or moves away or gets to destroying or wasting it unprofitably. Also the clock is hers to do as she pleases with.
And after my wife's death my will is that all the property that she leaves of mine except her own property and the increase and all that she makes herself-to be divided equally amongst my children or as many of them as are alive, agreeable in proportion to what each of them has already received of me heretofore.
Also my will is to set forth a true account of what my children has received from me previous to this time. First, my daughter Gracy Sutton has received Eighty Dollars. Second, my son Jesse Carter received One Hundred Dollars. Third, my son Samuel Carter received One Hundred Dollars. Fourth, my son Daniel Carter received One Hundred Dollars. Fifth, my son Solomon Carter One Hundred and Eight Dollars on which there should be a credit for Twenty Dollars for a note. Sixth, my daughter Polly Husk has not received anything. Seventh, my daughter Elizabeth Roberts has received One Hundred Dollar note and one mare at Fifty Dollars, and one side saddle at Fifteen Dollars, and two executions which I have paid, amounting to Thirty Three Dollars and sixty Seven cents. Eighth, my son John Carter has received One Hundred Dollars. Nineth, my son Josiah H. Carter has received Two Hundred Dollars.
In witness whereof I have hereunto set my hand and seal this 31st day of October in the year of Our Lord One Thousand Eight Hundred and Thirty Seven.
Edward Carter (Seal)
John N. Moore, Robert woods, J.P.
N.B. to be interlined before signing, and also that Jesse Carter and my wife Isabel to be my executors.
Edward Carter (his X mark)
Recorded 15 Mar 1838
James Bleckley, Clerk
JESSE CARTER was born 04 January, 1784 in Randolph or Buncombe Co., NC, and died 26 February, 1871 in Rabun Co., GA. He married LAVINIA SAMS 02 May, 1805 in Buncombe Co., NC, daughter of WILLIAM SAMS and MARTHA EDWARDS.
Children of JESSE CARTER and LAVINIA SAMS are:
1. MARTHA CARTER, b. 04 February, 1806, Buncombe Co., NC.
2. JOSIAH CALEB CARTER, b. 07 July, 1807, Buncombe Co., NC; d. 18 November, 1880.
3. MARY WADE "POLLY" CARTER, b. 10 September, 1809, Buncombe Co., NC; d. 14 January, 1879.
4. ELIZABETH "BETSEY" CARTER, b. 05 March, 1811, Buncombe Co., NC; d. State of Tennessee ?.
5. LAVINIA CARTER, b. Abt. 1812, Buncombe Co., NC; d. 1835.
6. NANCY MATILDA CARTER, b. 05 December, 1814, Buncombe Co., NC; d. 1890, Swain Co., NC.
7. LUCINDA CARTER, b. 25 April, 1816, Buncombe Co., NC; d. 06 April, 1904.
8. WILLIAM EDWARD CARTER, b. 10 November, 1817, Buncombe Co., NC; d. 11 November, 1902; m. MALINDA CAROLINE WATTS, 24 January, 1843, Rabun Co., GA.
9. THOMAS W. CARTER, b. 07 August, 1820, Buncombe Co., NC; d. 11 March, 1889, Rabun Co., GA.
10. JAMES EPP CARTER, b. 1823, State of Georgia (Probable); d. Aft. 1856, State of Georgia; m. ELIZABETH PATTON, Abt. 1850, State of Georgia.
11. GRACIE MIRANDA CARTER, b. Abt. 1824, Rabun Co., GA; d. 29 October, 1845, Rabun Co., GA.
12. JAMES WILEY CARTER, SR., b. 25 November, 1825, Buncombe Co., NC; d. 06 August, 1880, Rabun Gap, Rabun Co., GA.
13. VIOLET CAROLYN ISABEL CATHERINE CARTER, b. 1828, Rabun Gap, Rabun Co., GA.
14. SARAH ADELINE CARTER, b. 20 September, 1828, Rabun Gap, Rabun Co., GA; d. Little Rock, Pulaski Co., AR.
Grave marker for Jesse & Lavina Carter at Head of Tennessee Baptist Church, Dillard, GA:
Ordinary Court Record; Rabun Co., GA; Book B, 1870-188; Page 14
Jesse Carter Estate Papers
By J. M. Quilliam, Ordinary of Said County
To James W. Carter and Thos. Carter
Whereas it has been presented to me that Jesse Carter late of Said County deceased died intestate the said Jesse Carter at the time of his death possessed of Considerable property and whereas it is further represented to me that there is Great danger of waste of the said Estate for the want of due and Legal administration being had on the same and whereas I have the power of granting temporary letters of administration to (?) Know all men to whom these present shall be made Known that I, J. M. Quilliam Ordinary of the County aforesaid has this day appointed you the said James W. Carter & Thos. Carter administrators of all and singular the land and chattels rights and credits of the Said Jesse Carter deceased temporarily and until there is a permanent administrator appointed to collect take care of and preserve from waste real and personal Estate of the Said Jesse Carter in terms of the law to the best (?) benefit and behalf of those who have a right thereunto and you the said James W. Carter & Thos. Carter will take into your hands and possession and keep safe from any waste all the goods and chattels rights and credits of him the Said Jesse Carter deceased and the same so may you return into my office on or before the first Monday in May next and lastly I do here by Constitute appoint you the Said James W. Carter & Thos. Carter Administrators for the time and purposes aforesaid
Given under my hand and official signature this March 1st 1871
J. M. Quilliam, Ordinary
Ordinary Court Record; Rabun Co., GA; Book B, 1870-188; Page 16
Jesse Carter Estate Papers
By J. M. Quilliam, Ordinary of Said County
Jesse Carter late of Said County Resident lately departed this life intestate possessed of a large Estate Real and personal and Thomas Carter of Said County having at a Regular term of Said Court been vested with the permanent administration on the Estate of Said Jesse Carter on Condition of his giving Bond and Security according to the direction of the Court and taking the usual oath of office and Said Thomas Carter having fully complied with the direction of the Court this is to show that Said Thomas Carter is fully empowered and Required to do perform all the duties of an administrator of Jesse Carter to administer according to law all the Estate of Said Jesse Carter to ask demand & receive all Said Jesse Carter claims to pay all his obligations so far as the Estate will Extend and the Residue pay out to the lawful heirs of Said Jesse Carter to make all proper returns Inventory appraisement and whatever other duty as such administration the law devolves upon him
Given Under my hand and official Signature May 1st 1871
J. M. Quilliams, Ordinary
Recorded May 4th 1871
J. M. Quilliams, Ordinary
JAMES WILEY CARTER, SR. was born 25 November, 1825 in Buncombe Co., NC, and died 06 August, 1880 in Rabun Gap, Rabun Co., GA. He married JANE CAROLINE HURST 10 September, 1845 in Macon Co., NC, daughter of ANDREW HURST and NANCY SHEPHERD.
Children of JAMES CARTER and JANE HURST are:
1. GEORGE WASHINGTON CARTER, b. 08 December, 1846, Rabun Co., GA; d. 19 March, 1877, Rabun Co., GA; m. MARGARET MARTIN, 10 December, 1868, Rabun Co., GA.
2. NANCY ANN CARTER, b. 19 April, 1849, Rabun Co., GA; d. 15 December, 1887; m. WILLIAM MARTIN, 16 August, 1870, Rabun Co., GA.
3. WILLIAM EDWARD CARTER, b. 11 March, 1851, Rabun Gap, Rabun Co., GA; d. October 1892, State of South Carolina; m. MARGARET A. GIPSON, 13 December, 1874, Macon Co., NC.
4. JAMES WILEY CARTER, JR. I, b. 02 October, 1853, Rabun Co., GA; d. 04 April, 1859, Rabun Co., GA.
5. JAMES SOLOMON CARTER, b. 02 September, 1855, Rabun Co., GA; d. 23 October, 1855, Rabun Co., GA.
6. JESSE MARTIN CARTER, b. 26 October, 1856, Rabun Co., GA; d. 25 November, 1932, San Saba, TX (Probable); m. LILLIE SANDERSON, 11 September, 1881, State of North Carolina.
7. THOMAS NOAH CARTER, b. 17 January, 1859, Rabun Gap, Rabun Co., GA; d. 08 January, 1928, State of South Carolina; m. HATTIE WILLIAMS, 25 November, 1886.
8. JAMES WILEY CARTER, JR. II, b. 13 April, 1861, Rabun Gap, Rabun Co., GA; d. 12 August, 1924; m. CALLIE ELIZABETH BRADLEY, 04 June, 1889, Macon Co., NC.
9. LAVINIA CAROLINE MARINDA LUCINDA CARTER, b. 18 January, 1864, Rabun Co., GA; d. 18 January, 1931, Rabun Co., GA (Probable); m. JAMES RILEY "BUD" RITCHIE, 05 September, 1880, Rabun Gap, Rabun Co., GA.
10. LEVI CHURCHILL REESE CARTER, b. 10 May, 1866, Rabun Gap, Rabun Co., GA; d. 03 March, 1902, State of Texas; m. R. L. BUANS, State of Texas.
Page 36-42 Rabun County, Georgia Will Book
Record of Last Will and Testament of James W. Carter, Deceased, with the Probate.
Georgia, Rabun County :
The court of Ordinary of said county, The Petition of Thomas Carter of said county and state respectfully showeth to the court that his brother James W. Carter, late of said county and state, departed this life in said county and state testate on the 6th Day of August 1880 having executed and published his Last Will and Testament in the presence of witnesses who reside in said county which said will your Petitioner now brings into court and prays that the same be admitted to Probate in Common Form in terms of the Law Your Petitioner will ever pray this August 10th 1880.
Thomas Carter (signature)
Record of the Will as Aforementioned
State of Georgia :
In the Name of God, Amen. I, J. W. Carter of the county of Rabun and State of Georgia, being of sound mind and memory and desirous to settle my worldly affairs while I have strength so to do, do make and publish this my Last Will and Testament hereby revoking all wills by me at any time heretofore made and 1-First, I (give and bequeath this stricken out) commit my Soul to God who gave and my body I desire to be buried in a decent Christian manner suitable to my condition in life.
Item 2-I desire and direct that all my just debts be paid without delay by my Executors hereinafter (named, stricken out) appointed as I am (not, stricken out) unwilling my creditors should be delayed in their rights especially as there is no necessity of delay.
Item 3d-I give and bequeath to my beloved wife Jane Caroline during her natural life the following described tracts or parcel of land the same being parts of lots of land Number (147) One hundred and Forty seven and One hundred and Sixty two (162) in the Second district of Rabun County bounded as follows that part off of (147) One hundred and Forty seven bounded three deeds from Jesse Carter will more fully show and set forth or in other words all the lands I own, claim or possess of said Lot (147) in said 2nd district and all that part of lot of land Number (162) One hundred and Sixty two purchased from J. B. Dillard which deed from said Dillard will more fully (show represent, stricken out) set forth and show containing in all one hundred and twenty (or 30) five acres be the same more or less with all the rights, members and appertenances to said lot of land in any wise belonging and after the death of my said wife the said lands and premises to be sold and the proceeds to be equally divided between the children of the said J. W. and Caroline Carter but should the said Caroline Carter depart this life before the youngest child of the said J. W. Carter and the said Caroline should arrive at the age of twenty one years said lands should not be sold until the youngest shall be twenty one years of age and I also give and bequeath to my said wife Caroline the following lands to wit Number 155-One hundred and Fifty five in the second district of Rabun County containing two hundred and fifty acres more or less and lot 79-Seventy nine in the first district of Rabun County containing Four hundred and Ninety acres (490) and I do hereby authorize and empower ( a second "empower" stricken out) my said wife with advise and consent of my other Executor to dispose of said last named lots of land for other lands adjoining or contiguous to my home plantation on which I now live.
Item 4- I give and bequeath to my beloved wife for and during her natural life or until my youngest child comes of age then or during her widowhood the five Negros, one William twenty years old, girl Mary sixteen years old, boy Thomas thirteen years old, boy Jesse five years old, Roxey Ann three years old and the said Caroline Carter and my son G (orJ) W. Carter are hereby fully authorized and empowered to sell any two of said negros and dispose of the proceeds of said sale in the purchase of lands and then at the death of my said wife or her intermarriage again, all the above named are to be sold, or should it be deemed best, divided equally between all the children of the said J. W. and Caroline Carter share and alike.
Item 5th-I give and bequeath to my beloved wife all my household and kitchen furniture to dispose of as she shall think best at any time and at her death should any be left she has the right to dispose as she pleases.
Item 6-I also give and bequeath to my beloved wife all my stock of horses, mules, cattle, hogs, sheep and plantation and farming tools, wagon and buggy and gearing for the same of every kind for and during her natural life or widowhood and should any of the children of the said J. W. Carter and Caroline Carter marry during the lifetime or widowhood of the said Caroline Carter, she shall have the power and authority to give them such portion of stock and household and other furniture as she may (desire, stricken out) deem right and keep an account of the value of the property thus given and the amount thus given shall be deducted from their proportional share in the final distribution of said Estate.
Item 7th-It is my will and desire that if my wife Carter and my other Executor shall dispose of lots of land and purchase other lands and also sell the above mentioned Negros and purchase other lands then in that case the said lands sold after the death of my said wife or should she die before the youngest child should come of age then when said children come of age and the proceeds equally divided between the children of the said J. W. Carter and Jane Caroline Carter or if it is deemed best said property shall be equally divided between said Legatees without sale.
Item-I give and bequeath to my said wife all the money, notes and accounts I am owed (?) possessed or own subject to be disposed of at the will of said wife.
Item-I do hereby constiture and appoint my beloved wife Jane Caroline Carter Executor and my worthy (Brother, looks stricken out) friend Thomas Carter Executor of this my last will and testament this 2ond June 1864.
Signed Sealed and declared and published by J. W. Carter as his last will and testament in the presence of us the subscribers who subscribed our names hereto in the presence of said testator at his special instance and request and in the presence of each other this the 2ond 1864.
J. W. Carter (signature and seal)
Jesse (X) Carter (his mark), H. T. Moreley (? very difficult to read), Thomas Carter
Georgia, Rabun County
In open court before the Court of Ordinary for said county personally came Thomas Carter the nominated Executor of James W. Carter late of said county deceased and also two of the subscribing witnesses to said will to wit H. T. Moreley (?) and Thomas Carter who being duly sworn diposeth and say that they saw James W. Carter sign seal publish and declare the foregoing writing as his last will and testament in or about the 2ond day of June 1864 and that at the time thereof he was of sound and disposing mind and memory so far as they know or believe and did the same voluntarily and freely without compulsion and that they signed the same as witnesses with Jesse carter who is now dead in the presence of said James W. Carter and in the presence of each other.
H. T. Moreley (?), Thomas Carter (signatures)
Sworn to and subscribed before me this August 10th 1880
J. W. Green, Ordinary
Georgia Rabun County
Court of Ordinary of said County at Chambers August 10th 1880.
James W. Carter of said county in said state having departed this life and having while he lived made and executed his last will and testament and Thomas Carter of said county the nominated Executor in and by said will named and appointed having produced said paper in open court and H. T. Moreley (?) and Thomas Carter the subscribing witnesses to said (paper, stricken out) will having proved the same by the (part of word "ir" stricken out) oaths of said H. T. Moreley and Thomas Carter as the last will and testament of the said James W. Carter declared It is ordered by the court that said will be approved and admitted to Probate in Common Form and go upon record as required by law.
J. W. Green, Ordinary
Rabun Court of Ordinary at Chambers
August 13th 1880
The will of James W. Carter being duly proven at this term of the court at chambers and ordered to Probate and record in Common Form. It is further ordered that Thomas Carter one of the Executors be allowed to qualify to Execute said will in terms of the law.
J. W. Green, Ordinary
State of Georgia
I, Thomas Carter, do solemnly swear that the foregoing and within writing contains the true last will of the within named James W. Carter deceased so far as I know or believe and that I will well and truly Execute the same in accordance with the laws of this state, so help me God.
Thomas Carter (signature)
Sworn to and subscribed before me this the 13th day of August 1880.
J. W. Green, Ordinary
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Original background graphics by Elaine Randall English
Copyright ã Elaine Randall English, 1999-2002
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