FAIRFAX COUNTY, VA - WILLS - John F. Carter, Sr., 25 Sep 1801 ----¤¤¤---- In the Name of God Amen, I John Carter Senr. of Fairfax County and State of Virginia being at this time Extremely ill and being desirous of disposing such worldly estate as it hath pleased God to bestow upon me do whilst I am of sound and disposing mind, make and ordain this my last will and Testament in manner and form following Viz., Imprimm. I Give devise and bequeath to my dearly beloved Sons John Carter, and Edwin Carter, all my Fairfax Tract of land and all the land in the County of Loudoun that I may be entitled to under the will of my grand father equally to be divided between them and their Heirs which said division with respect to the Fairfax Land I direct to be made in manner following Viz. Beginning at a tree upon the high bank of Rattles snakes denn , and running a straight line, thence a due north course untill it Intersects the outward Boundary of the Tract. This division, from an attentive observation of the Tract, I have adjudged would be equal, but should it be discovered to be otherwise I direct that the same may be made so by a survey, giving or taking from either side of the said line so as to make the quantity contained in each equal. The lower part of this tract, when thus divided, I give and bequeath to my dearly beloved son John, and his Heirs. the upper part I give and bequeath to my dearly beloved son Edwin and his Heirs. Item. in Testimony of the affection I bear to my much beloved Mother in law Mrs. Edwards, I direct that Twenty acres of Land shall around the house at present occupied by my overseer, which said house and twenty Acres of Land, its my will that she shall occupy and enjoy during her natural life, when it shall return to my son John ___. Item, in Testimony of the love and affection which I bear to my dear wife, I desire that there may be one hundred Acres of land laid off upon that port of my Estate called Mount Poney near to the flat rocks upon which shall be built a dwelling house 32 by 20 feet to be weathered boarded with feather edge plank and all other necessary houses for her use to built out of my estate which said hundred acres of land together with two male and two female labourers neither of whom shall exceed twenty five years of age__the following house Servants Viz. Daniel, Mima, Patty and Frankey, four Milch Cows, two Horses about £30 price each necessary furniture at the expence of my Estate for her dwelling house and all the utensils necessary for the cultivation of the said hundred acres of land _ all this property I lend to my much beloved wife in lieu of her dower to be used by her during her natural life when the land is to avert to the division of my Tract in which the same is Included and the personal part of the property thus allotted for her use is to fall into the residum of my Estate. Item I give and bequeath to my dearly beloved daughter Emily Henry the sum of Eight hundred pounds to be paid her by my Executors on the day of her marriage and in addition to this legacy I direct that she shall receive out of my Estate the sum of Twenty five pounds per annum to support her untill she marries. Item if my dearly beloved wife should now be pregnant and the same be a son, my will and desire is that all the land before devised to my Two sons, as well that of which I am in possession, as that which may be recovered under the will of my Grand gather may be divided into three equal parts, and that my son hereafter to be [torn] shalt have an equal part with his two brothers, and that [torn] said land so divided shall belong to them and their Heirs forever _ In the event of the same being a Daughter I bequeath to her the same legacy that I have before bequeathed to my dearly beloved daughter Emily Henry and in addition to this legacy I give and bequeath to my Daughter Emily Henry a maid servant named Zylpha the daughter of Nanny, and my other daughter (in case I have another) a maid servant, her choice out of all my negroes. Item. as to all the residue of my Estate, not before disposed of, of every kind and nature whatsoever, i give desire and bequeath the same to be equally divided between my sons, in which division my after born son (in case I have one) is comprehended__ Lastly, constitute and appoint my much beloved Brothers Moore and Charles Carter Guardians to my sons and Executors of this my last will and Testament, hereby revoking all other Wills and Establishing this as my last __ In Testimony whereof I have hereunto subscribed my name and affixed my seal this 25th day of Sept. in the year of our lord 1801. Signed and Acknowledged in presence of Jno. F. Carter (seal) Rob Carter Isaac Henry Landon Carter John Carter E. Brooke At a Court held for the County of Fairfax the 16th day of Nov. 1801 This last will and Testament of John F. Carter deceased was presented in Court by Charles Carter one of the Executors therein named who made Oath thereto and the same being proved by the oath of Isaac Henry a subscribing witness thereto, who also deposed that Robert Carter, Landon Carter, John Carter and E. Brooke subscribed the same as Witnesses at the request of the said Testator, and in presence of this deponent which is ordered to be recorded and the said Executor having performed what the [torn] require, a Certificate is granted him for obtaining a probate thereof in due form. Teste Wm. Moss (Fairfax County Will Book I:30-32). ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Gwen Hurst Gwen_gwnj@shentel.net ___________________________________________________________________