VA-ROOTS Archives

August 2001

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From:
Richard Fulton <[log in to unmask]>
Reply To:
Richard Fulton <[log in to unmask]>
Date:
Wed, 1 Aug 2001 09:18:16 -0500
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Abstract follows of the will of James Carter Sr, of Overwharten Parish,
Stafford County, VA.,    The date of the will is October 23, 1743.
Presented to Court March 13, 1743 (actually 1744).     James was apparently
a man of some property.    It may also be of interest to obtain the detail
of the inventory of the estate.   Most of these records also exist, but not
in my library in Dallas.     I know they exist since I have some detailed
estate inventories for the same period and County for my Wigginton line.
James Carter SR names his children, apparently in birth order as first
named, John is designated at one point as "me eldest son John".     All the
children were minors at the time his will was written.
Children in order named:
John, named as eldest
George
Hugh
James
William
Charles
Ann
Catherine
Wife:  Mary


Abstract:   Stafford County, VA. will book M, page 391-392

"In Name of God Amen I James Carter of Overwharten Parish in County of
Stafford being sick but of sound mind .. make this my last will .. I give
Soul to my Mercifull creator .. my body to be buried.   Imps.  (after my
just debts are honestly paid)  I give to my sons John & George all that
tract of land on the North side of Acquia Creek where I now live to be
equally divided between them only that my eldest son John should have the
half on which my dwelling house now stands to them and their heirs but if
either of both should die without heirs, then I give the reversion of all
of either of their shares to my son Hugh and Heirs of his body and in case
of default of such heirs to be equally divided among all my surviving sons.
Item I give to my sons James & William my lands in Fairfax County after
WIlliam Brewster has gott his complement which I sold him out of it to be
equally divided between my said Sons to them and heirs but if either of
them should die without issue I bequeath their reversion of their part
thereof to my son George an dhis heirs in case of default of such heirs to
be equally divided among my Surviving Sons.  Item I give my son Hugh two
negroes Mingo & Sharlott.  Item I give my son Charles and his heirs two
negroes Sue and Winny and their increase.  Item I give to my Daughter Ann
and her heirs two negroes great Dick and Hannah with their increase.   Item
I give to my daughter Catherine and her heirs two negroes Robin and Dinah
with her increase.  Item what negroes I die possessed of not yet willed or
bequeathed I leave to my dear and loving wife Mary during her widowhood
only and after her marrying again or decease to be equally divided among my
surviving children.  Item my personal estate I leave to be equally divided
among my wife and children or the survivors of them.  Lastly I nominate and
appoint my dear and loving wife Mary and Charles Brent Executors of this my
last will and Testament, My son John to be joined with them as soon as he
comes of age and I appoint the Reverd. Mr. John Moncure a guardian to my
children and as a trustee to see this will executed.  Hereby revoking all
former wills .. In witness .. set my hands this 23rd day of October 1743.
Presence Thomas Eves, Wm. Knight, Jean Turner.
James Carter
                                                            his mark

At Court held for Stafford County March 13, 1743 Will presented by Mary
Carter and Charles Brent .. made oath .. proved .. admitted to record ..
Certificate granted for obtaining Probate. .."

page 395-397:   James Carter Estate inventory submitted April 10, 1744.
Charles Waller, Edward Waller, Thomas Eaves, Appraisers.
(The book of will abstracts I have access to in the Dallas LIbrary does not
list the inventories.   Just makes reference that they were submitted.)

page 405: "We the subscribers whose names are underwritten have appraised
all the Estate of Mr. James Carter at his Quarter at the Falls of Potomack
by an order of Fairfax Court .. items listed and valued ..
                                   Wm Breuster, Thomas Simmonds, Jos.
Johnson.   September 11, 1744"
(my note:   The Falls of the Potomac is where Difficult Run empties into
the Potomac.    This is very likely the land James Carter's will mentions
in Fairfax County.  My Vallandingham ancestor lived here.     Interesting,
ie: small world back then,  reference in James Carter's will to his land
and residence on North side of Acquia Creek.    My Wigginton ancestors
lived at the mouth where Acquia Creek emptied into the Potomac     A couple
of miles south of this area of Acquia Creek is Ferry Farm where young
George Washington grew up.   A few miles north of Acquia Creek is the later
home of George Washington, Mt. Vernon, that George inherited when his elder
half-brother Laurence died childless.    Mt. Vernon was named after the
British Admiral that George's brother Lawrence served under.)

Thanks,   Rich Fulton, [log in to unmask]
World Wide Mid-Market Sales Executive, S/390 SW, SWG
IBM, home office
1420 West Main Street, Apt. 1008
Lewisville, TX.  75067  USA
Phone: 972-434-1033, t/l 450-8996
Fax: 817-962-8780, t/l 522-8780

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