Will and Probate of James W. Carter 02 Jun 1864 Page 36 Rabun County, Georgia Will Book Record of Last Will and Testament of James W. Carter, Deceased, with the Probate. Georgia, Rabun : The court of Ordinary of said county, The Petition of Thomas Carter County 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 Rabun County 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 chve 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 Coutnty 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 Rabun County 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 End of copy at page 42 Rabun County, Georgia Will Book ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. 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