Will of William Carpenter, dated 4 Oct. 1745.
To my wife Elizabeth Carpenter all my estate as long as she liveth and at her death to return to Catrine Pocter, excepting two Neger boyes I give to John Carpenter one and
William Carpenter his younger brother one, and to Andrew Carpenter the half of the mill.
One young Neger to my brother John Carpenter.
William (W C) Carpenter
The executors his Nicholas Yager and Andrew Garr.
Wit: Richard Burdyne, John (X) Floyd.
John Carpenter brother and heir at law of William Carpenter objects against proving the writing said to be the will of William Carpenter for the reasons following: First the writing was made at the importunity and by the persuasion of one Catherine Procter, the devisee in remainder in the will named. Secondly, William Carpenter was not of disposing mind and memory at the time of making the writing. Thirdly, he never published the writing to be his last will and testament.
Richd. Burdyne, aged 50 and upwards, saith that on 4 Oct. 1745 John Carpenter came to him where he was at work and told him his brother Wm. Carpenter was kicked with a horse or mare and was very ill and had sent him to the deponent for to come and write his will, on which the deponent went to the said Wm. Carpenter and found him in great pain as appeared by his signs and groanes and could not rest long In one place and was supported by his wife who was sometimes In the house and some times out but chiefly out of the room, but chiefly by one Cath. Proctor who lived in the said William Carpenter's family and was reputed his whore by several persons. This deponent saieth he verily believes Wm. Carpenter was in his perfect sences and at his request this deponent wrote his will as he directed from his own mouth until he came to that part where a Negro is devised to his brother John and seeing that no provision was made for him this deponent said, Wm. you must take notice as you are going to appear before the God of all souls, do Justice to your own Flesh and Blood, upon which after some consideration he said, my poor brother John who has been with me in my travels and distresses and came into this country with me, I will give him a young Negro, on which Catherine Proctor said, which must he have. The deponent said it was not right to set down the name of the Negro for fear he should die before the estate was settled, on which Wm. Carpenter told him the deponent to set down a young Negro without naming his name for his brother John Carpenter. When Cath. Proctor spoke to Wm. Carpenter to know which Negro John Carpenter was to have, Wm. seemed to be angry with her. After the will was wrote this deponent read the same to him. He said all was right and then sealed and signed it and declared it to be his last will and testament and desired this deponent to witness it, which the deponent did, and at the request of William Carpenter called John Floyd out of another room, and Carpenter told him it was his last will and thereupon Floyd did sign as a witness. After the will was signed and witnessed William Carpenter told the deponent to set down Nicholas Yeager and Andrew Garr his executors. William Carpenter did not publish again after the executors was named. Afterward William Carpenter asked what he must pay this deponent for his trouble, who told him if he pleased he might give him fifteen pence and thereupon Carpenter called for his purse which was brought him by Cath. Proctor and lookwed out the heaviest pistereen (as he thought) and asked the deponent if that would satisfy him, who answered yes and took the money. Carpenter made the letters W C himself. He does not remember who it was that wrote the names William Carpenter his mark. He did not see anyone have a pen and ink but Carpenter, John Floyd and himself. The will was delivered to Catherine Procter without being inclosed or sealed up. John Floyd had been drinking but did not appear to be drunk, nor did he know it v/as usual for him to get drunk.
John Floyd, aged 40 or thereabouts, salth he went with Richard Burdyne to William Carpenter's house where he found Carpenter in a dangerous condition, about whom he saw Catherine Proctor hanging, seeming to be very much concerned at Carpenter's condition. Some time after, he with several others were desired to go out of the room, which they did, leaving Catherine Proctor and Richd. Burdyne with him. Elizabeth, Carpenter's wife, was sometimes in and sometimes out but very seldom In the room. Some time after, he was called in again and was desired to sign a paper which he saw lying on the table before them. This deponent required Carpenter to tell him what it was and he refused to inform him about it saying it was no occasion to hear what was In it, upon which this deponent signed it viiuu his own hand, after which he saw Catherine Proctor put the writing a purse into a chest which she locked and put the key in her pockett. At the same time Eliza, the wife of Wm. Carpenter was some times in the room but was very seldom in the. room. The mark of his name which is subscriber to the will produced is not the mark he usually makes use of. He does not know whether the paper produced was the same he signed. He had drunk cider at the house but was not drunk, neither does he use to get drunk. This deponent can't write.
John (X) Floyd
(Contributed by Barb Z)