In the name of God, Amen. I Joseph Carter of Russell County and State of Virginia being in perfect health, but calling to mind the mortality of my body and knowing that it is appointed for all men once to die, do make this my last Will & Testament, in manner following, that is to say - Principally & first of all I give and recommend my soul to God that gave it; and my body to the earth, it be buryed in a christian like decent burial. - And as touching such worldly goods wherewith it hath pleased God to bless me in this life, I give and dispose of the same in manner & form following, that is to say -
First, I will and bequeath all my estate both real and personal to my dearly beloved wife Elizabeth Carter during her natural life and at her death I give and bequeath the plantation whereon I now live to my two sons Presley & Thomas to be equally divided between them agreeable to quantity & quality each to have an equal share in the spring & timber on the land and Presley to have that part of the land that he now lives on, and Thomas to have that part of the land which I now live on.
To my daughter Elizabeth Carter I will & bequeath the bed which she claims and all its furniture.
To my son Thomas Carter I give & bequeath one bed & furniture and I give the slaves which shall be in my estate at the time of my death to such of my children as shall be willing to retain them in slavery, to be equally divided between them. And all the remainder of my estate I leave to be equally divided between all my children to wit - Anna, Mima, Elijah, Betsey, Judy, Presley and Thomas, and any thing that I have given or shall give to my children during my lifetime is not to be brought into division after my death.
It is also my will and desire that my children shall divide my estate agreeable to my will without administration or appaisement,
And lastly, I do hereby revoke and disannul all and every former wills or testaments by me heretofore made, ratifying and confirming this & no other to be my only true and last will & testament.
In Witness whereof I have hereunto set my hand and seal this nineteenth day of February 1808.
Joseph Carter (Seal)
Signed, sealed and declared
by the said Joseph Carter
as his Last Will and
Testament in presence of us
Joseph Blackmore
Charles Carter
Virginia
At a Court held for Russell County the 1st day of August 1809.
This Instrument of writing was exhibited in court as and for the last will and testament of Joseph Carter deceased, and proven by the oath of Joseph Blackmore one of the witnesses thereto, and continued for further proof, and,
At a Court held for the said county the 5th day of September 1809 - This Instrument of writing was proven in court by the oath of Charles Carter another of the witnesses thereto & ordered to be recorded - And no person or persons being mentioned as executors therein on motion of Elizabeth Carter who made oath according to Law, & together with Rob't Duff & James Gibson her securities entered into and acknowledged their bond in the penalty of two thousand Dollars, conditioned as the law directs, certificate is granted her for obtaining probate in due form.
Teste
James P. Carrell D.C.