Orange County NcArchives Wills.....Carter, James March 8, 1847 ************************************************ 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: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume F, pages 355-357 Written: March 8, 1847 Recorded: Aug 1847 Testator: James Carter I James Carter of the County of Orange and State of North Carolina 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 (herein after 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 out of the moneys that may first come in to his hands as a part or parcel of my estate. Item Second I give and bequeath to my youngest son Joseph that part of my plantation set out by the following boundaries Beginning at a white oak on the Ridge road Known as the original conner[corner] of my plantation running South fourteen degrees East two hundred and fifty [poles] to Cheeks Corner thence South Eighty four degree west nine poles to a hic[k]ory thence South nineteen poles to Andrews conner thence West with the original line to intersect the first deep jut that passes into Oliver Newlins field thence North with said jut to the head of it thence to continue [on] a due North course until it intersects the branch Known as the Fogelman Spring branch thence up said Branch to the line of Oliver Newlin on the Fogelman land thence East with said line to intersect the first line to have and to hold to him and his heirs for in fee simple forever Item third the balance of my estate both real and personal ["to be sold and" x-out] my will and desire is that it be sold after taking out the devises & bequest before mentioned and the debts oweing to me be collected and if there be any surplus over and above the payment of the debts expenses and legacies said Surplus shall be [page 2] paid over to my said son Joseph and Lastly I do here by constitute and appoint my trusty friend Oliver Newlin my lawful executor to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part in clause thereof hereby revoking and declaring utterly void all other wills and Testaments by me made heretofore in witness whereof I the said James Carter do hereunto set my hand and seal the Eighth day of March AD 1847 his Robert Cheek Jurat James (X) Carter (seal) Benjamin W Carter mark [Will Book Volume F, page 355] I James Carter of the County of Orange & State of North Carolina being of Sound mind & memory but Considering the uncertainty of my earthly existince[sic] do make & declare this my last will & Testament in manner & form following that is to say. first that my executor (herein after named) Shall provide for my body a decent burial Suitable to the wishes of my relatives & friends & pay all funeral expenses together with my Just debts out of the money[s] that may first come into his hands as a part or parcel of my estate Item Second I give & bequeath to my youngest son Joseph that part of my [Will Book Volume F, page 356] plantation set out by the following boundaries Beginning at a white oak on the Ridge road Known as the original Corner of my plantation running South fourteen degrees east two hundred & fifty [poles] to Cheeks Corner thence South Eighty four degree west nine poles to a Hickory thence South nineteen poles to Andrews Corner thence West with the Original line to intersect the first deep gut[jut] that passes into Oliver Newlins field thence North with said gut[jut] to the head of it thence to continue [on] a due North coarse[sic] until it intersects the branch Known as the Fogelman Spring branch thence up said branch to the line of Oliver Newlin on the Fogelman land thence East with said line to intersect the first line to have and to hold to him & his heirs for in fee simple forever Item third the balance of my estate both real & personal my will & desire is that it be sold after taking out the devises & bequests before mentioned and the debts owing to me be Collected and if there be any surplus over & above the payment of the debts expenses & legacies Said Surplus shall be paid over to my said son Joseph And lastly I do hereby constitute & appoint my Trusty friend Oliver Newlin my lawful executor to all intents & purposes to execute this my last will & Testament accor= ding to the true intent & meaning of the same & every part in clause thereof hereby revoking & declaring utterly void all other wills & Testaments by me made heretofore In witness whereof I the said James Carter do hereunto set my hand & seal the eighth day of March AD 1847 Robert Cheek his Benj: W Carter James (X) Carter (seal) mark [Will Book Volume F, page 357] Orange County August Term 1847 The Execution of the last will & Testament of James Carter decd was duly proved in Open Court on the oath of Robert Cheek one of the subscribing witnesses thereto & ordered to be recorded Whereupon Oliver Newlin the Execu- tor therein named was duly qualified Test Additional Comments: Will Book Volume F, pages 355-357 Recorded Aug 1847 The left edge of first page of original will is repaired with conservator's tape, but the text can be clearly read through it. A page of this testator's estate papers is found inserted in the will book between pages 356 and 357. It states that the testator died on ____ day ____ 1847 and left no widow] Estate Papers comprise seven pages and are found in a folder labeled "Carter, James (1847)". No family history found.