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Will of Samuel Carter

Privacy Level: Open (White)
Date: 6 Mar 1841 to 27 Apr 1842
Location: Pendleton County, Kentucky, United Statesmap
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Contents

Will of Samuel Carter, Pendleton County, Kentucky

Abstract

Written: 6 Mar 1841
Produced in Pendleton County Court, March Term 1842: 7 Mar 1842 (executor not present); 4 Apr 1842
Recorded: 27 Apr 1842
Names:
  • Wife: Nancy
  • Children: Mary C. D. Juett; Lewis C. Carter; Sarah D. Carter; Lucy C. West; {Garrett or Garnett} Carter; Elijah Carter; Ursula A. Carter; Landon S. Carter; Obidiah T. Carter; Eliza Shipp (deceased)
  • Grandchild: William Shipp, son of Eliza
  • Nephew: Burwell N. Carter (named executor)
  • Witnesses: Thomas L. Garrard; Amos Antrobus
  • County Clerk: Reuben McCarty


Transcript

In the name of God; Amen.

I Samuel Carter of the County of Pendleton, state of Kentucky being infirm in body, but in a sound mind and disposing memory (for which I thank Go and calling to mind the uncertainty of human life and being desirous to dispose of all such wordly estate as it hath pleased God to bless me with, I give and bequesth the same in the following, viz:

Item 1st. I widh my beloved wife Nancy, after my death, to pay all my debts and burial and funeral expenses out of any of my personnel estate which she may think can be best spared.

Item 2nd. After my decease, I wish all my personal property both real and personal to remains in the hands of my wife so long as she remains my widow, and if she should not marry, to remain in her hands as long as she lives; said property to be kept, used, and managed by her during her life or widowhood, as the case may be, for her own comfort, convenience and happiness, as for the further purpose of increasing the same, if she can, for the benefit of my children and one grand child.

Item 3rd. At my wife's death or marriage, or as soon thereafter as I shall mention I wish my estate to be equally divided among my children, viz: Mary C. D. Juett, Lewis C. Carter, Sarah D. Carter, Lucy C. West, {Garrett or Garnett} Carter, Elijah Carter, Ursula A. Carter, Landon S. Carter, and Obidiah T. Carter and William Shipp the heir and only child of my daughter Eliza Shipp, deceased, to each an equal share, share and share alike.

Item 4th. That portion of my estate which shall fall to the shares of my daughters, Mary C. D. Juett and Lucy C. West, I bequeath expressly to them and their children, over which I do not desire either of their husbands to exercise any power and control because I wish the said property to support them and their children.

Item 5th. If any of my children, or the heir of my daughter Eliza, deceased should die without bodily heirs, I desire what I have bequeathed to him or her, or them, to be divided equally among my other surviving children, but to remain in the hands of my wife, as before mentioned, during her life. Item 6th. I desire my friend and nephew, Burwell N. Carter to act as my executor to carry into effect the provisions of this my last Will and testament, selling my estate at 12 months credit. In testimony whereof I have hereunto subscribed my name and set my seal this 6th day of March, in the year of our Lord, one thousand eight hundred and forty-one.

Samuel Carter L.S. Signed in the presence of Thomas L. Garrard, Amos Antrobus

State of Kentucky, Pendleton County Court. March Term 1842

{Set} I Rueben McCarty clerk of the aforesaid court do hereby certify that at a county court held for the county of Pendleton at the court house thereof in the town of Falmouth at the term aforesaid on the seventh day of March 1842. the foregoing instrument of writing was produced in court & Burwell N. Carter the Exqr in said writing named, not being in court.

It was ordered that said writing should be filed and that a summons should be issued against the said Burwell N. Carter requiring him to appear at the next term of said court to show cause why probate should not be taken on the said writing as the Will of Samuel Carter, dec'd. And afterwards, to wit at a county court held as aforesaid on the fourth day of April 1842. The court being satisfied by proof that the Exor in the said writing named refuses to take upon himself the burden of any part of the Execution thereof, and thereupon Thomas L. Garrard & Amos Antrobus subscribing witnesses to said writing being sworn proved in open court that said writing was signed and acknowledged by the testator in their presence for his last will and testament, and that he at the time was of desposing mind and memory and that they, the subscribing witnesses, at his instance in his presence subscribed and attested the same, whereupon the court received and established the same to be the last will and testament of the said Samuel Carter deceased, and ordered the same to be recorded, which has been done accordingly in my office.

Given under my hand this 27th day of April, 1842. R. McCarty, Clk.

Research Notes

  • No record of inventory, estate sale, or division of property yet found - Grant County records circa Nancy's death not yet thoroughly searched.

Sources

  • "Kentucky Probate Records, 1727-1990," database with images, FamilySearch (https://familysearch.org/ark:/61903/3:1:33S7-9PSR-9NWD : 26 Sep 2021), Samuel Carter; Pendleton > Will records, 1841-1871, Vol. 1, pp. 7-9 > image 17 of 114; county courthouses; Pendleton, Kentucky, United States.

Acknowledgements



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