John & Serena v. Henry Moscross. Will of Overton Carr

 

In the name of God amen. I Overton Carr of Prince Georges County and State of Maryland being sick but of perfect sound and disposing mind and memory do ordain this my last Will and Testament in manner following. Imprimis I desire that my just debts shall be paid as soon after my decease as possible; and as it may be necessary to sell some part of my property for that purpose my will and desire is that my Executors hereafter named shall sell the land I purchase of Nicholas Lowe and also six lotts in the city of Washington which with the debts due to me will be more than sufficient to pay all just claims. Item I Give and Bequeath to Ann Carr my dear and affectionate wife (the best woman I ever knew or that I believe that ever lived) during her life all the rest and residue of my Estate both real and Personal. Item after the death of my beloved wife then my estate both real and Personal shall be equally divided between and among my four children towit, Eleanor Carr, Elizabeth Carr, Overton Carr and Jonathan Boucher Carr and their heirs. And whereas I have assigned to Samuel Carr (who married my Daughter Eleanor) and to persons for his use several Bonds to the amount of between four and five Thousand Dollars and whereas the Samuel Carr engaged with me to return and repay to me the amount of such Bonds so assigned; it is therefor my will and my request that Samuel Carr shall repay the amount of the Bonds aforesaid and that in such event my Daughter Eleanor or her heirs shall share equally with my other children in the division of my whole Estate, but it is hereby declared to be my will that if the amount of the assigned Bonds aforesaid is not paid then my Daughter Eleanor or her Heirs shall have no share or proportion of my Estate but the whole shall be divided between Elizabeth, Overton and Boucher. Item in the case of Samuel Carr paying the amount of the Bonds lent to him as aforesaid in cash it will be and I hereby will it to be in the discretion of my Executors what part of the Property I have appropriated shall be immediately sold for the payment of my debts. Item whereas I have at sundry times emancipated a number of negroes and in all cases may not have complied with strict legal form; in all such cases my will is that all and every negro so intended to be emancipated by me shall to all intents and purposes be free at the times   and upon the terms specified any Error or omission of legal expression to the contrary notwithstanding. Item having purchased several negroes now in my possession and are serving me to repay the purchase money with interest; my will and desire is that whenever in the opinion of my Executors that object is accomplished such negroes shall be legally set free by my Executors. Lastly I constitute my son in law Samuel Carr my son in law Dabney Carr my son Overton Carr and my son Jonathan Boucher Carr to be Executors to this my last will and testament. In witness whereof I have hereunto set my hand and seal this seventh day of August eighteen hundred and four.

Overton Carr (seal)

Signed, Sealed and published by the Testator to be his last will in our presence and we witness the same at his request in his presence and in the presence of each other
Wm. Baker
Nancy H. Baker
C. F. Brown

Prince Georges County towit
September 21st 1804

Then came William Baker one of the subscribing witnesses to the within last will and testament of Overton Carr late of Prince Georges County Deceased, and made oath on the holy evangely of almighty God that he did see the Testator herein named sign and seal this will and heard him publish pronounce and declare the same to be his last will and testament that at the time of his so doing he was to the best of his apprehension of sound and disposing mind, memory and understanding and that he together with Nancy H. Baker and Charles F. Brown the other two subscribing witnesses respectively subscribed their names as witnesses to this will in presence of the Testator at his request and in the presence of each other.

Before Saml. Tyler register of wills for Prince Georges County

 

Maryland sct

In Testimony that the foregoing is truly copied from the original will of Overton Carr deceased, duly exhibited proved and recorded in my office, I have hereunto set my hand and affixed the public seal of my office this twenty seventh day of April in the year of our lord one thousand eight hundred and eleven in the thirty fifth year of American independence

Trueman Tyler register of wills for Prince Georges County

 

Overton Carr's Will
7th Augt. 1804
202 Trials

Cost $1-[?] 24 Cents