HomeMy WebLinkAboutEstate and Will of Richard Carter, Deceased (1863) r / —
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ESTATE OF RICF PD =TERDECEASED
Application,
Recorded in Volume E, page 380,
Probate Records, Brazos County, Texas.
STATE OF TEXAS 9 In County Court for Probate Business etc.
BRAZOS COUNTY ¢ To May Term, 1353 •
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To the Chief Justice of said County:
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Your petitioner, William McIntosh, a resident of said
County, represents that Richard Carter deceased on the 25th day
of November A. D. 1860 at his residence in the aforesaid County,
previous to his death made, published and declared his last will
and testament, in which said last Will and Testament your peti-
tioner, William McIntosh, is appointed sole executor and trustee
of the same; your petitioner therefore prays that the said last
Will and Testament of Richard Carter be ar?mitted to probate in
your Court, and that your petitioner be appointed Executor and
Trustee of the said last Will and Testament of the said Richard
Carter, deceased, and that the legal notice be given for a hear-
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inr7. of the case at the next May Term of your Court.
May 14th, 1863 elm. McIntosh
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Will,
Recorded in Volume E, page 313,
Probate Records, Brazos County, Texas.
STATE OF TEXAS X
BRAZOS COUNTY 9 KNOW ALL MEN that I, Richard Carter, of the
State and County aforesaid, being of sound
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disposing mind and memory and beini; desirous of so arranging my
effects as to prbvent misunderstanding and dispute after my
death, do hereby make, publish and ordain this my last will and
testament.
1st: I desire that all my just debts, if I should be owing
any to be paid Immediately out of any money I may be possed of
at the time of my death. "
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2nd: After the payment of my debts, I give, devise and
bequeath to my beloved wife, Elizabeth Carter, during her na-
- ti:ral life, al] of my estate, real, personal and ni:.eVt, consis
ting of lards, tenaments and aprurtenarces thereunto belon-in:,
andner; roes, stock of all kinds, money, notes, accounts and all •
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property of any kind whatever that may belong to my estate at
the tine of ' death, to be held, controlled, used, enjoyed,
and possessed by her, the said Elizabeth Carter, dr_rin; her life;
and immediately after her death desire all my property above
rention;d to be divided anon my children and grand- children as
follows, to-wit:(
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,Ippr
3rd: After tho death of my wife, the said Elizabeth Carter,
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I desire that the following negroes be given to my daughter,
Evaline Burton and immediately placed in her possession, to -wit
L Allen, } Nelson, Je
n rre,� 7 Kelsey y, , Ednmound their a viz;
all other of their posterity that may hereafter be born before.
this bequest shall take effect, and also my orphan negroes,
Malinda, John, Eliza, and Betsey, and all children that may be
born to them before this bequest shall take effect. The above
mentioned negrocs to be valued by appraisers appointed for that
purpose.
4th: After the above mentioned negroes shall have been
taken from my estate, and placed in the possession of my said
daughter, Evaline Burton, I wish and desire my executor hereinaf-
ter to be named, to proceed at the earliest practicable time to
sell on a credit of twelve months all my lands, all my remaining
negroes all stock of every kind and allproperty whatever belong-
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ing to my estate, to the highest bidder, taking notes with ample
security either personal or by mortgage or by both, for the pur-
chase money after giving proper notice of the sale as the law
requires in such cases, and in making this sale I desire that the
family of negroes, to -writ: Eliza, Phillip, Sallie, Harriet, Sicily,
Coz, Amanda and Richmond, and all children that may be born to
them before making this sale, shall be sold together to one pur-
chascr so that thcy,may not be seperated.
5th: So soon as my executor shall get the proceeds of the
sales of my property into money and good responsible cash notes
secured as aforesaid, I wish and hereby direct him to divide •
the same into three equal noitics, the one of which moitics he
shall distribute in equal portions to my grand- ch 1'Jillicm
J. Carter, Sam H. Carter, Jesse F. Carter and Wiley Carter, chil-
dren of my son, Wiley Carter D i d ,
be of age when this bequest shall take effect; anq d incur ke may
another of said moitics ho shall distribute in eual pokt manner
my grandchildren, Geraldine Kelly, Richard C. Recd Wiley t Reed, to
William Reed, Betty Reed and Wilson, Rood, children of my daughter,
Mary Ann Reed, Dec'd., or to such of them as may be of age at
the time this bequest shall take effect, all to receive share
and share alike; and the other of said moities he shall deliver to
my daughter, Elizabeth Whitmore, now a resident of Salt Lake City,
upon the condition that she shall within ten years from tho
probate of this will become a citizen of Texas or some other state
or territory not subject to Mormon government; and in case my
daughter, the said Elizabeth Whitmore shall not become a permanent
citizen of some state or territory not under the Mormon government
within ten years from the probate of this will the roity or por-
tion of my estate herein allotted and bcqueathcd'to - hen kn'17"
laps as to her and be divided equally between my daa ghter, Evaline
Burton and the children of my son, Wiley Carter, Deceased, and
the children of my daughter, Mary Ann Reed, deceased, in the same
manner as is directed in regard to the direct legacy.
6th: In case the negroes herein bequeathed tom daughter,
Evaline Burton, be valued at more than one fourth of my whole es-
tate, then I direct ny executor to collect from her in money a
sufficient sum to equalize the value of her portion with the other
three noities of my estate; then said sum of money shall be added
to the said other three noities; but should said negroes not equal
in value one fourth of my whole estate or should Maria and her
children be recovered by James McFarland and others in a suit
which they have instituted against me for that purpose,
either case my executor shall make the rer ining negrostbequeathed
to my said daughter, Evaline Burton, equal in value to one fourth
of my estate by adding coney to them taken from the ballance
of my estate.
* y .r• .- s . v r.. -.,..+•.•.
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7th: I desire my Executor•to pay over to my above named
grand children their respective interests in my estate as they
shall arrive at lawful agc, and not before; and until they shall
so arrive at lawful age he shall keep their respective portions
together with the portion not delivered to my daughter Elizabeth
Whitmore out at interest so that it shall be fully and safely
secured by mortgage or ample personal security or both, until it
shall all bo desposed of in accordance with the provisions of
this Will; and wish said funds to be anually reinvested as
above dcrectcd.
8th: And finally, I hereby nominate, constituto and appoint
my truo and trusty friend, William McIntoshi of said State and
County, my Executor and Trustee, reposing full confidence and
trust in his ability and integrity in the execution of this my
last will and testament.
of these Testimony whereof
ingwitnesses, hereunto m
this Nov. 25th hand
D4 1860.
Richard Carter
Signedi published and declared by the said Richard Carter
as his last will and testament in the presence of us, who at the
request of said Richard Carter and in his presence and in tho •
presence of cash other, have hereunto subscribed our names as
witnesses.
J. L. Kendall
George Carter
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I, Robcrt Johnson, do solemnly swear that I am well acquain-
ted with tho hand writing of Richard Carter, Doc'd. the maker
of tho annexed instrument of writing or last will and testament,
bearing date on the 25th Nov. 1860 that tho signature of tho said
Richrrd Carter to the said instrument of writing is the genuine
signature and hand writing of tho said testator.
Robt. Johnson
Sworn to and subscribed before mo in open Court on this
the 25th day of May, 1863, to which I certify under my hand and
seal of the Court on the day above Britten.
(SEAL) G. B. Rood, C. J. B. Co.
I, Harvey Mitchell, do solemnly swear that I am well ac-
quainted with the hand writing of Richard Carter, tho maker and
signer of thc hereto annexed instrument of writing or last will
and testament, bearing date on the 25th day of Nov. A. D. 1860,
that thc signature of tho said Richard Carter to the said last
Will and Testament is the genuine signature and hand writing of
thc said testator.
R. Mitchell
Sworn to and cubccribcd before me in open_ Court on this
the 25th day of Eay, 1873, to which I certify under my hand and
seal of the Court on the day above written.
(SEAL) G. B. Recd, C. J. B. Co.