Tuesday, May 10, 2011

Will: Cassius Carter

Prince William Co., VA
Will Book R, Page 525
Will date 27 Dec 1820; Probate date 14 January 1822

Tecumseh Dec 27, 1820

In the name of God Amen I Cassius Carter in mind sound and body healthful, God be praised do declare and ordain this to be my last will and testament to wit.  1. Item, I will leave and bequeath to my brother Edward all my lands in the county of Prince William above the town of Haymarket encumbered or unencumbered in fee forever.  2. Item, I will leave and bequeath to my brother Charles S. Carter my farm called Tecumseh partly lying in the County of Loudoun and partly in the county of Prince William aforesaid. I leave to the said Charles S. Carter all my personal property of every description.  Item 3, I will leave and bequeath to the poor people within 5 miles of my mill the proceeds of the said mill or one hundred barrels of corn at the option of C.S.C. for ten years to be divided by Charles S. Carter.  Item. After the expiration of the ten years I will and bequeath my mill with its appurtenances to the said Charles S. Carter in fee.  Item, My debts are to be paid out of the proceeds of my farm Tecumseh by Charles S. Carter as early as possible. Item, to my brother John H. Carter I leave nothing not that I love him less but because I think he has more property than either Edward or Shirley.  Item, to my dear sister Mary I leave a ring of the first value, diamond to be worn for my sake, Cassius Carter. It is my request that Shirley will be attentive to the happiness of my negroes, to attend himself not to depend on overseers and that he will sell his own before he does those I leave him. That Miller Joe and wife remain where they are forever. That he will retain Joe in the house and etc. and that he will not sell pork for a few dollars but keep it for the negroes. That he will take care of the true and faithful old men on the farm.

C. Carter [signature]

I declare the following a codicil to this my will to wit. Item, In revocation of that part of the foregoing will that relates to Edward E. Carter my deceased brother whose sins I pray the father of all good has forgiven I leave to the first son of my brother John H. Carter all the lands in the above will bequeathed to the late Edward E. Carter aforesaid as likewise all that tract of land left me by my late brother of beloved memory to be held by John Hill Carter aforesaid in trust for his son whom it is my request he will give my name. Item, In default or subsequent death of such issue made then I leave the lands aforesaid given to the first heir male to his 2nd 3rd 4th 5th or 6th son in fee forever. The other parts of the foregoing will to go in full force.

Cassius Carter [signature]

Tecumseh Oct 12th 1821
Date as above

Item, In default of all such issue then I leave the lands as above specified to the first heir male of my brother Shirley and as above to the 1st 2nd 3rd en etc. then to the issue of my sister after the foregoing manner.

Cassius Carter [signature]

Gilbert Edwards
Jasper Spencer

At the Court held for Loudoun County Jan 14, 1822

This last will and testament of Cassius Carter deceased was produced to the Court and proved according to law by the oaths of Gilbert Edwards and Jasper Spencer the subscribing witnesses thereto and ordered to be recorded and on the motion of Charles S. Carter who made oath thereto and together with T. Turner his security entered into and acknowledged their bond with penalty of $24000 conditioned as the law directs. Certificate is granted the said Charles S. Carter for obtaining letters of administration on the said decedents estate with his will aforesaid annexed in due form.

A Copy
Chas. P. Janney C.C.

At a quarterly court continued and held for Prince William County June 9th 1869. This Certified Copy of the last will and testament of Cassius Carter was presented to the Court and ordered to be recorded.

John C. Poor, Clerk

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