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Some Warren County Wills

(transcribed by Deloris Williams)

These families from several different generations,  were related to one another through the CARTER family, who were Free People of Color in Warren County

Jacob Burt - 1833

Warren County Will Book 34, Page 491

In the name of God, Amen I JACOB BURT of the County of Warren and State of North Carolina being of Sound disposing mind do make and ordain this as my last Will & Testament
Item 1st - It is my Will and desire that all my just debts be paid.

2nd - I give to my wife IZZA all my personal property except one red cow & her yearling to her and her Heirs forever - I lend to my wife IZZA all the land whereon I now live purchased of BLAKE BAKER Junr. dec'd during her life.

Item 3rd - I give to PATSY CARTER wife of EATON CARTER one red cow & her yearling.
Item 4th - After the death of my wife IZZA I give my land to WM C. CLANTON his Heirs Executors or Administrators in Trust for the benefit of EATON CARTER and his wife during their lives and after their deaths to be equally divided among the children of PATSY CARTER if she leaves any, if not to EATON CARTER.

Lastly, I appoint WM. C. CLANTON Executor to this my last Will & Testament revoking all others. Witness my hand and Seal this 6th day of February 1833.

JACOB BURT ("X" his mark)
Signed, Sealed & Acknowledged
in presence of
L. CLANTON
DOCTOR G. WILLIAMS
Warren County May Court 1834.
This last Will and Testament of JACOB BURT dec'd. was offered in open Court for probate and the Execution thereof being proved by the oaths of LANDON CLANTON & DOCTOR G. WILLIAMS Subscribing Witnesses thereto.
It is ordered to be Recorded.
Test.
E. D. DRAKE, Clk.

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Erasmus Christmas- 1911

Warren County Will Book 52, Pages 418-419

Warrenton, NC
Warren County
I ERASMUS CHRISTMAS of the State & Co. afforesaid do hereby make and declare my last will and testament as follows to wit
First- I devise to my wife CYLESTIA, the entire of my Estate to have and to hold during the period of her natural life. Second - and after her death I devise to my daughter SARAH My residence with Twenty One Acres of Land thereto.
Third - and devise to my Daughter CANDIS A. REAVIS, and my daughter CALDONIA CARTER, and to my Daughter LILLIAN, and to my Son ELIAS CHRISTMAS, the remainder of Farm Seventy three (73) acres - to be equally divided between them ELIAS to have his choice of the lots
Forth - I bequeath to my son RICHARD CHRISTMAS the sum of One Dollar ($1.00)
The forth bequest of Testament and Will to be paid by the above Beneficiaries.
Fith - I hereby constitute and appoint Mr. JULIUS W. HARRIS, of this my last will and testament in testimony whereof I have hereunto set my hand seal this the 29th day of April A.D. 1917.
ERASMUS CHRISTMAS ("X" his mark)
JOHN P. JENKINS
JULIUS W. HARRIS
R. P. GREEN
State of North Carolina
Warren County
In Superior Court Before J. R. RODWELL, Clerk.
Order for Probate of Will
In Re Estate of ERASMUS CHRISTMAS, deceased
A paper writing purporting to be the last Will and Testament of ERASMUS CHRISTMAS, deceased, is exhibited in open court for probate by JULIUS W. HARRIS, Executor therein named; and the due execution thereof by the said ERASMUS CHRISTMAS, deceased, is duly proven by the oath and examination of JULIUS W. HARRIS and R. P. GREEN subscribing witnesses thereto and it is further shown to the satisfaction of the court by said witnesses that the said ERASMUS CHRISTMAS was, at the time of making said will of sound mind and memory, of full age to execute a will and under no restraint to their knowledge, information or belief. It is therefore considered, adjuded and decreed, that said proof is sufficient and according to law and that said paper writing is and contains the last will and testament of ERASMUS CHRISTMAS, deceased.
And on motion it is ordered that said Will be admitted to probate and recorded in the Book of Wills of Warren County and as such filed as provided by law in the office of the Clerk of Superior Court of said County. Dated this the 21st day of August 1911.
J. R. RODWELL
Clerk of Superior Court
(Note: while the will says the year was 1917, it was actually 1911 since it was probated & contained in the book for that year)
Erasmus Christmas (1830-1911) was married to Celestia White of Onslow County, North Carolina; their daughter, Caledonia (1879-1968) was married to Hawkins Wesley Carter (1878-1955) of Warren County. Erasmus was one of the illegitimate slave children of Lewis Y. Christmas, a white slaveholder in Warren County, North Carolina, who died in 1862 and requested that his "slaves, Christopher, Keziah, Henry, Marcus, Erasmus, Nancy, Jane, and her three children Laura, Frank, and Davy, be emancipated and removed out of this state to a non-slaveholding state." The family was not emancipated as he requested, and there was a long court battle which was finally settled in 1872, Supreme Court Case #10,812, Keziah Christmas, et.al., vs Joseph S. Jones.

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Robert E. Carter - 1911

Will Book 52, Pages 413-417

North Carolina, Warren County
I, ROBERT E. CARTER of the aforesaid County and State, being of sound mind, but considering the uncertainty of my Earthly existence, do make and declare this my last will and testament.
First- My Executors hereinafter named shall give my body a decent burial, suitable to the wishes of my friends and relatives, and pay all funeral expenses, together with all my just debts, out of the first moneys which may come into their hand belonging to my estate.
Second- I give and devise to my two youngest children, WILLIE (a son) AND CLAUDIA ANN (a daughter) the tract of land on which I now live, situated in River Township, Warren County embracing my residence and all the other outbuildings, and containing Twenty five acres, more or less, and bounded as follows-
On the North by MRS. BETSY CARTER's line, on the West by Eaton Ferry Road, on the South by CHARLES HAWKINS land, on the East by the old ED CARTER land, now owned by MRS. ARIE WILKINS - to have and to hold to them and their heirs in fee simple.
I further give and devise to my two youngest children WILLIE and CLAUDIA ANN one black mare about thirteen years old, one red spotted cow about five years old, one red yearling about two years old, five head of hogs (all I have), all my household and kitchen furniture except the furniture in the south room belonging to my daughter ELLA BOYD. I also give and bequeath to my two youngest children WILLIE and CLAUDIE ANN, all my farming utensils, together with my top buggy and buggy harness, all the growing crops on the plantation whereon I now live and all the provisions on hands at the time of my death, to be used by their guardian hereinafter appointed a7 named in working the land herein bequeathed to them in making a support for them.
Third- I give and devise to my two married daughters EMMA KING and ELLA BOYD and their hers in fee simple equally, my half undivided interest in a tract of land of twenty five acres owned jointly by my brother L. B. CARTER & myself, situated in River Township, Warren County and being a part of the old THOMAS EGERTON tract.
Fourth- My will and desire is that all the residue of my estate (if any) after taking out the devises and legacies above mentioned shall be sold, and the debts owing to me collected, and all the moneys I have on hand at home and in Banks shall be deposited by me Executors in Bank of Littleton, and if there should be any surplus over and above the payment of debts, and expenses (including the necessary expenses of cultivating and housing my growing crop and providing a necessary support for my two youngest children WILLIE and CLAUDIE twelve months next succeeding my death, that such surplus shall be equally divided and paid over to all my children in equal proportion share and share alike.
Fifth- and whereas my said son WILLIE and daughter CLAUDIA ANN are minors of the ages of about twelve years and ten years respectively and will not be of the full ages of twenty one until the 27th day of October 1919 and Sept. 24th 1922 respectively - Now therefore my will and desire is that my brother JNO. W. CARTER be and he is hereby constituted and appointed guardian of the said WILLIE and CLAUDIE ANN to have and to hold the custody of their estates until the said WILLIE and CLAUDIE ANN shall arrive at the full ages of twenty-one years.
Sixth- I hereby constitute and appoint my trusty friends and brothers, JNO. W. CARTER and HENRY CARTER my lawful executors to all intents and purposes, to execute this my last will and testament, according to the true intent and meaning of the same, and every part and clause thereof- hereby revoking and declaring utterly void all other wills and testaments by me heretofore maid.
In witness whereof, I the said ROBERT E. CARTER do hereunto set my hand and seal, this day of June 1911
ROBERT E. CARTER ("X" his mark)
Signed sealed, published and declared by the said ROBERT E. CARTER to be his last will and testament in the presence of us, who at his request and in his presence do subscribe our names as witnesses thereto.
R. B. JENKINS
E. W. HARDY
JOHN W. CARTER
State of North Carolina
Warren County
In Superior Court
Before J. R. RODWELL, Clerk
Order for Probate of Will
In Re Estate of ROBERT E CARTER deceased
A paper writing purporting to be the last Will and Testament of ROBERT E. CARTER dec'd is exhibited in open court for probate by JNO. W. CARTER one of the Executors therein named; and the due execution thereof by the said ROBERT E. CARTER, dec'd is duly proven by the oath and examination of R. B. JENKINS and E. W. HARDY subscribing witnesses thereto and it is further show to the satisfaction of the court by said witnesses that the said ROBERT E. CARTER was, at the time of making said will of sound mind and memory, of full age to execute a will and under no restraint to their knowledge information or belief;
It is thereupon considered, adjudged and Decreed, that said proof is sufficient and according to law and that said paper writing is and contains the last Will and Testament of ROBERT E. CARTER dec'd. And on motion it is ordered that said Will be admitted to probate and recorded in the Book of Wills of Warren County and as such filed as provided by law in the office of the Clerk of Superior Court of said County.
It is further adjudged that said JNO. W. & HENRY CARTER are suitable persons to act as Executors and that they be allowed to qualify as executors as provided by law and enter upon the discharge of the duty imposed by said trust.
Dated this the 1st day of July 1911,
J. R. RODWELL
Clerk of Superior Court
JNO. W. CARTER & HENRY CARTER having qualified as Executors as aforesaid Let Letters Testamentary issue accordingly.
This 1st day of July, 1911.
J. R. RODWELL, C.S.C.
(Note: Robert E. Carter, b. Oct. 1851, was the son of Washington William Carter, b. 1810, and Elizabeth Mills, b. 1830; he was married to Anna King, who died before 1910)

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Nancy (Hawkins) Green- 1906

Will Book 52, Pages 108-109

North Carolina
Warren County
I, NANCY GREEN, of the County and State aforesaid, do hereby make declare and publish my last will and testament, revoking all such heretofore made by me, as follows - to wit:
Item 1st. I devise and bequeath to my Nephew HAWKINS W. CARTER in fee simple all of my real and personal property.
2nd. Such articles of personal property as I have given my Grand child NANCY GREEN, it is my will that the same shall belong to her in her own right.
3rd. I hereby appoint and constitute my said nephew HAWKINS W. CARTER my executor of this my last will and testament.
In witness whereof I hereunto set my hand and seal this the 7th day of August 1895.
NANCY GREEN ("X" her mark)
Witnesses:
BURREL THORNTON
and
J. W. HARRIS, SR.
in whose presence the above will was this day signed, and signed in the presence of each other.
J. W. HARRIS, SR.
BURREL THORNTON
State of North Carolina
Warren County
In Superior Court, Before J. R. RODWELL, Clerk
In Re Estate of NANCY GREEN, deceased
Order for Probate of Will
A paper writing purporting to be the last will and testament of NANCY GREEN dec'd is exhibited in open court for probation by HAWKINS W. CARTER, Executor therein named; and the due execution thereof by the said NANCY GREEN dec'd. is duly proven by the oath and examination of JNO. W. HARRIS SR. and BURREL THORNTON subscribing witnesses thereto and it is further shown to the satisfaction of the Court by said witnesses that the said NANCY GREEN was, at the time of making said will of sound mind and memory, of full age to execute a will and under no restraint to their knowledge information or belief.
It is therefore considered, adjudged and decreed, that said proof is sufficient and according to law and that said paper writing is and contains the last will and testament of NANCY GREEN dec'd. And on motion it is ordered that said Will be admitted to probate and recorded in the Book of Wills of Warren County. It is further adjudged that said H. W. CARTER is a suitable person to act as Executor and that he be allowed to qualify as Executor as provided by law and enter upon the discharge of the duties enforced by said trust.
Dated this the 13th day of Jany. 1906.
J. R. RODWELL, Clerk Superior Court
H. W. CARTER having qualified as Executor as aforesaid Let Letters Testamentary issue accordingly.
This 13th day of Jany. 1906.
J. R. RODWELL, C.S.C.


Estate of Nancy (Hawkins) Green, 1906

Application & oth of Hawkins W. Carter, Extrs., of Nancy Green, dec'd.
Jany 13, 1906
The State of North Carolina
Warren County
In the Superior Court
I, HAWKINS W. CARTER do solemnly swear [or affirm] that I believe this writing to be and contain the last Will and Testament of NANCY GREEN deceased, and that I will well and truly execute the same by first paing her debts and then her legacies, as far as the said estate shall extend, or the law will charge me;and that I will well and faithfully execute the office of an executor agreeable to the trust and confidence reposed in me, and according to law, so help me God.
H. W. CARTER
Sworn and subscribed before me, this 13 Day of Jany. 1906.
J. R. RODWELL, Clerk Superior Court
Warren County- In the Superior Court.
In the matter of the will of NANCY GREEN
Before J. R. RODWELL, Clerk Superior Court
HAWKINS W. CARTER being duly sworn, doth say:
That NANCY GREEN, late of said County, is dead having first made and published her last Will and Testament; and that he, the said HAWKINS W. CARTER is the executor named therein.
Further, that the property of the said NANCY GREEN consisting of Household Goods is worth about $25.00 & 63 1/2 acres of land more or less - valued at 330.00 so far as can be ascertained at the date of this application, and that HAWKINS W. CARTER & NANCY GREEN are the parties entitled under said will to the said property.
H. W. CARTER
Sworn to and subscribed before me, this 13 day of Jany. 1906.
J. R. RODWELL, Clerk Superior Court.
Note: Nancy Hawkins-Green was the widow of Henry Green of Warren Co. She was the daughter of Matthew Hawkins & Mahaly Mushaw, who had left a sizeable estate to his children & grandchildren in 1855; Matthew was a former slave of Philemon Hawkins who had emancipated him in 1801 will in Warren County.
 

2011 by Deloris Williams and Ginger Christmas-Beattie for the NCGenWeb Project.  No portion of this any document appearing on this site is to be used for other than personal research.  Any republication or reposting is expressly forbidden without the written consent of the owner. Last updated 05/19/2014