CARR, John
Fendall:
Barham Chancery File 1859, Maury County, Tennessee.
Will of John F. Carr, 28 May 1834-7 May 1838,
in custody of the Courthouse at Columbia, Tennessee 38401
Will of John
Fendall CARR:
Know all men by these presents, that I John F Carr of Maury County
and State of Tennessee being of sound mind and disposing memory and
knowing I have to die, and was wishing so to arrange and dispose of the
affairs of my estate as that justice may be done, and disputes prevented
after my death so make and ordain this my last will and testament in
manner and form as follows, that is to say 1st my will is that all my
just debts be paid out of money in hand at the time of my death, or due
me. 2nd And that whereas, owing to the these natural effects I am acting
guardian legally appointed for my four children, Charles, David, Susanna
and Sarah as respects a devise to them by their uncle Isaac Daulton decd.
of two thousand dollars,
which amount I am responsible to them for and for raising the sum my will
is that the tract of land I bought of Hezekiah Davis of one hundred and
fifteen acres, together with the following Negroes to wit: George, Lee,
Will, Perry, & Lewis be sold to the best advantage or so much thereof
as may be sufficient to raise the said sum of Two Thousand dollars or my
balance which may at the time remain unpaid. 3rd That all the balance of
my estate of every description whatever as well real as personal I lend
to my beloved wife Elizabeth Carr to hold and possess of and to use at will for
her use and comfort during the term of her natural life or widowhood, and at
the time of her death or marriage as the case may be my desire is there be
delivered over to my son Charles, my Negro man Dick, to my son David my Negro
boy Oliver and to my daughter Susanna my Negro girl Cherry and my boy
Henry and also to my said three children each a horse and saddle of say seventy
dollars worth with a bed & furniture each all of which with the increase of
the said Negroes I give to my said children respectively their heirs and
assignees forever and to my said children Charles, David, and Susanna and to my
daughter Sarah Byrum, I give the tract of land whereon I
now live containing two hundred and thirty five acres, more or less equally and
jointly between them my said four children, which they use to possess at the
death or marriage of their mother as the three first named are the Negroes ?
and not beforewhich said tract of land with its appurtenances. I give to my
said four children their heirs & assignees forever and a the
death or marriage of my said wife, as the case may be, my will is that the
whole remainder of said estate of every description whatever lent to my said
wife as above (and not otherwise disposed of in a forgoing part of this will) be
sold to the best advantage at public auction and the proceeds thereof equally
divided among all of my children with the following exception viz. That as my
daughter Elizabeth Martin has been deliver into poverty by the misfortunes of
her husband Alexander Martin and I being disposed fro the Love & affection
I have for her to make some provision and disposition for her comfort and
maintenance and in a way not subject to the debts of control of her said
husband. Therefor before the sale as above provided for shall take place
Commissioners shall be appointed by the County Court to appraise the whole
remainder of said estate (not otherwise disposed of as above) and then they set
out of said estates so appraiser one equal child's part of such variation in the
article of Negroes of such description as may with convince be removed to the
State of Missouri where my said daughter Elisabeth now lives which said Negroes
with their increase I give to Brice M Hammack of the State of Missouri and his
heirs interest for the use & benefit of her my said daughter during the
term of her natural life , and that during which time, he either let her have
possession and benefit of said Negroes or remit top her for her use the regular
profits there of as she may need, and at her death for him said Brice &
trustee as aforesaid or his heirs as the case may be to transfer. Set over in
and form of law all the right title & interest in and to said Negroes with
their increase this vested in him said Brice M and his heirs for the purpose
above to the children of her my said daughter Elizabeth as well such as she may
hereafter have as those she now has, to be equally divided among them. In full
faith and confidence that my said trustee will truly & honestly do justice
in this matter according to the true interest & remaining of the forgoing
provisions herein I invested him with this trust and that when this provision
as respects my said daughter Elizabeth is fully complied with, the whole
balance of said remainder be sold at above & the proceeds thereof equally
divided all the balance of my children to wit Alsey Hughes, William Carr,
Charles Carr, Nancy Martin, David Carr, Polly Davis, Susanna Carr, Mildred
Jones and Sarah Bynrm excepting out of this division my daughter Betsy for the
reasons above. 4th And I hereby nominate constitute and appoint my son William
Carr and my much esteem friend Charles Harrison to execute this my last will
and testament in the time interest and meaning there of. In testimony whereby I
have hereunder set my hand and seal this 28th day of May in the year of our
Lord 1834 and in the seventieth year of my age. John F Carr. Test. Matthew
Moore, Humphrey Harrison
State of
Tennessee Marshall County, County Court May Term 1838.
Personally appeared in open court Matthew Moore and Humphrey Harrison
subscribing witness to the foregoing will and proved the our execution thereof
as the same Negroes.
Witness my hand at Office 7th day of May 1838. State of Virginia Marshall
County.
I Stephen Tally clerk of the county court of said county do hereby certify that
the foregoing is a true and
justified copy of the last will and testament of John F Carr decd. together
with the clerks certificate of the probate of as appears of record and on file
in my office.
In testimony I have here unto set my hand and official the seal of my office at
office in Lewisburg this the 25 day of February 1857.
Stephen Tally clerk.
Submitted by Carol (Gehrs) Mitchell, 134 Schnauzer
Lane, Beaver Falls, PA 15010