Nash County NcArchives Wills.....Carter, W. R. - 1894 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Nancy M. (Last) Smith smith2clark@yahoo.com May 6, 2007, 5:16 pm Source: Nc Archives & History Written: June 10, 1884 Recorded: May 24, 1894 State of North Carolina Nash County I, W. R. Carter of the county of Nash and State aforesaid, being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last Will and Testament in manner and form following, that is to say: First. That my executor hereinafter named shall provide for my body a decent burial, suitable to the wishes of my relatives and friends and pay all funeral expenses together with my just debts, howsoever and to whomsoever owing out of the moneys that may first come in to his hands as a part on parcels of my estate. Item 1st. My will and desire is that my executor shall divide all my land into nine (9) equal parts and lay the same out by metes and bounds. Except the tract I have already given to my beloved daughter Susan S. Winstead known as her home place in Nash County, N.C. and the lot she now lives on in the town of Toisnot, N.C. Item 2nd After my lands are all equally divided into nine parts and shares, I will and bequeath one equal part it being one 9th of all my lands to the lawful children of my beloved son Joseph E. Carter then living by his present wife, to have and to hold in fee simple for ever. Item 3rd I will and bequeath to my beloved grandchildren they being the lawful children of my beloved daughter Mary E. Bryant then living one share of all my land it being one 9th to have and to hold in fee simple for ever. Item 4th. I loan to my beloved daughter Susan S. Winstead the lot on which she now lives in the town of Toisnot, N.C. together with the piece, parcel or tract of land I have already loaned her in Nash County, N.C. and known as her home tract. To have and to hold during the time of her natural life, it being one 9th of my lands and at her death I will and bequeath the same to her lawful children then living to have and to hold the same in fee simple for ever. Item 5th I loan to my beloved wife Polley one 9th of all my lands and the 9th on which my mansion and out houses now stand, To have and to hold during the time of her natural life. And at her death, I will and bequeath the same together with one other 9th and adjoining the same to my beloved son Sidney J. Carter to have and to hold in fee simple for ever, provided nonetheless that my son Sidney J. Carter shall see that my beloved wife Polley is well and comfortably provided for as long as she lives. Item 6th I will and bequeath to my beloved daughter Louisana Gordon one 9th of all my land it being one share. To have and to hold in fee simple forever. Item 7th I will and bequeath to my beloved son V. B. Carter one 9th of all my lands it being one share. To have and to hold in fee simple forever. Item 8th I will and bequeath to my beloved son W. D. Carter one 9th of all my lands, it being one share. To have and to hold in fee simple for ever. Item 9th. I will and bequeath to my beloved son Buchanan Carter one 9th of all my land it being one share to have and to hold in fee simple for ever. Item 10th I will and bequeath to my beloved son Sidney J. Carter my piano to have and to hold in fee simple for ever. Item 11th I will and bequeath to my beloved wife her choice mule or horse. Item 12th I will and bequeath to my [illegible] beloved children Buchanan, Mary E. Bryant and Louisana Gordon one hundred dollars each in lieu of a house (horse?) I have already given my other children to have and to hold in fee simple for ever. Item 13th I will and bequeath to my beloved wife her choice two feather beds and furniture together with one years support for herself and family, also her choice sow and pig or one milk cow and calf, to have and to hold in fee simple. Item 14th I will and bequeath to my two beloved sons Buchanan and Sidney J. Carter one feather bed and furniture each to have and to hold in fee simple for ever. Item 15th my will and desire is that all the residue of my estate (if any) after taking out the devises and legacies above mentioned shall be sold and the debts owing to me collected and if there should be any surplus over and above the payment of debts, expenses and legacies that such surplus shall be equally divided between my beloved wife and children then living Except my beloved daughter Susan S. Winstead and paid over to my said wife and children in equal portion, share and share alike to them and each and every of them their executors, administrators and assigns absolutely forever. And lastly, I do hereby constitute and appoint my two beloved sons W. D. Carter and V. B. Carter my lawful executors to all intents and purposes to execute this my last will and testament according to the true interest and meaning of the same, and every part and clause thereof hereby making and declaring utterly void all other wills by me heretofore made. In witness whereof I the said W R. Carter do herewith set my hand and seal this the 10th day of June A.D. 1884. Signed Sealed W.R. x Carter Seal Published and declared his mark By the said W.R. Carter To be his last will and Testament in the presence of us who at his request and in his presence do Subscribe our names as Witnesses (illegible). J.W. Crowell, S.C. Wells Seal North Carolina, Nash County I William R. Carter of said county and State make this codicil to my last will and testament published by me and dated the 3rd day of April 1894 which I ratify and confine. Item. I give and bequeath to my daughter Louisiana Gorden one mule by the name of Jennie, one cow and calf her choice to be hers and at her disposal absolutely forever. Item I give and bequeath to my grandson Eddie Gorden all of my interest in the Rocky Mount Agricultural and Mechanical Association two hundred dollars in current money one sow and pigs his choice to be his and at his disposal absolutely forever. Item I give and bequeath to my son Van B. Carter one mule he has in his possession by the name of Ret to be his and at his disposal absolutely forever. Item. I give and bequeath to my granddaughter Bertie daughter of William D. Carter one cow and calf to be hers and at her disposal absolutely forever. In testimony William R (his x mark) Carter Seal Signed sealed and published by the said William R. Carter as a codicil to his will and testament in our presence and we in his presence and in the presence of each other have at his request hereto subscribed our names as witnesses. Jas. M. Barnes, I. J. Williams STATE OF NORTH CAROLINA, Nash County, SS. In the Superior Court. A paper writing purporting to be the LAST WILL AND TESTAMENT of W. R. Carter deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by W. D. Carter & V. B. Carter the executors therein mentioned, and the due execution thereof by the said W. R. Carter by the oath and examination of J. W. Crowell, A. C. Wells the subscribing witnesses thereto: who, being duly sworn, doth depose and say, and each for himself deposeth and saith that he is a subscribing witness to the paper-writing now shown him purporting to be the last will and testament of W. R. Carter that the said W. R. Carter in the presence of this deponent, subscribed his name at the end of said paper writing, now shown as aforesaid, and which bears date of the 10 day of June, 1884 AND THE DEPONENT FURTHER SAITH, That the said W. R. Carter the testator aforesaid, did, at the time of subscribing his name as aforesaid, declare the said paper-writing so subscribed by him and exhibited, to be his LAST WILL AND TESTAMENT, and this deponent further saith, that at the said time when the said testator subscribed his name to the said last Will as aforesaid, and at the time of deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said W. R. Carter was of sound mind and memory, of full age to execute a will, and was not under any restraint to the knowledge, information r belief of this deponent: And further these deponents say not. J. W. Crowell (Seal) S.C. Wells (Seal) Severally sworn and subscribed the 24 Day of May, 1894, before me S. E. Eure Clerk Superior Court STATE OF NORTH CAROLINA, Nash COUNTY, SS. In the Superior Court. A paper writing purporting to be a codicil to the LAST WILL AND TESTAMENT of W.R. Carter deceased, is exhibited before me, the undersigned, Clerk of the Superior Court for said County, by W.D. Carter & V. B. Carter the executors therein mentioned, and the due execution thereof by the said W.R. Carter by the oath and examination of Jas. M. Barnes & I. J. Williams the subscribing witnesses thereto: who, being duly sworn, doth depose and say, and each for himself deposeth and saith that he is a subscribing witness to the said codicel now shown him purporting to be a codicil to the last will and testament of W. R. Carter that the said W. R. Carter in the presence of this deponent, subscribed his name at the end of said paper writing, now shown as aforesaid, and which bears date of the 3rd day of April, 1894 AND THE DEPONENT FURTHER SAITH, That the said W. R. Carter the testator aforesaid, did, at the time of subscribing his name as aforesaid, declare the said paper-writing so subscribed by him and exhibited, to be a codicil to his LAST WILL AND TESTAMENT, and this deponent did thereupon subscribe his name at the end of said Will as an attesting witness thereto, and at the request and in the presence of the said testator. And this deponent further saith, that at the said time when the said testator subscribed his name to the sia dlast Will as aforesaid, and at the time of deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said W. R. Carter was of sound mind and memeory, of full age to execute a will, and was not under any restraint to the knowledge, information or belief of this deponent: And further these deponents say not. Jas. M. Barnes (Seal) I. J. Williams (Seal) Severally sworn and subscribed this 24 Day of May, 1894, before me S.E. Eure Clerk Superior Court. STATE OF NORTH CAROLINA, Nash COUNTY. IN SUPERIOR COURT. IN THE MATTER OF THE LAST WILL OF W. R. Carter It appearing to the Court by the oath and examination of J. W. Crowell and S. C. Wells the subscribing witnesses thereto, that the paper writing propounded by the Executor therein named, is the last will and testament of W. R. Carter and that the same was duly executed by the said W. R. Carter in the presence of said witnesses and that at the time of signing the same the said W. R. Carter was of sound mind. It is thereupon adjudged that the said paper writing be admitted to probate as the last will and testament of the said W. R. Carter and the Executors therein named qualify as such. This the 24 day of May 1894. S. E. Eure, CLERK SUPERIOR COURT. PROBATE OF WILL. IN THE MATTER OF THE LAST WILL OF W. R. Carter Record of Wills No………… Page………… S. E. Eure, C.S.C. Recorded at Pages 436-444 5-436 833 Notes: Date written, Will: June 10, 1884 Date written, Codicil: April 3, 1894 Date recorded: May 24, 1894 Source of Record: Xerographic Copy By North Carolina State Archives Apr 29, 2005 from Nash County Wills 1778 to 1922 Name: William R. Carter, 1894. Additional comments: The only time the name William appears on this document in in the information filled out by the person who did the copying at the North Carolina Archives. 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