Loading...
HomeMy WebLinkAboutEstate and Will of Richard Carter, Deceased (1863) r / — • 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 • • To the Chief Justice of said County: • 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- . inr7. of the case at the next May Term of your Court. May 14th, 1863 elm. McIntosh J 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 • 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. " • 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 • • 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:( • • ,Ippr 3rd: After tho death of my wife, the said Elizabeth Carter, • 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- . 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.. -.,..+•.•. • 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 • 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.