Will of Temple Carpenter

This is a transcription of the will of Temple Carpenter of Copiah County, MS. A few changes in spelling and capitalization have been made, and punctuation has been added to facilitate reading, but the grammar and syntax of the document are original.

The State of Mississippi            Copiah County SS

You shall swear that this writing contains the true last will of Temple Carpenter deceased as far as you know or believe and that you will well and truly perform the same by paying first his debts and then the legacies contained in the said will as far as his goods, chattels, and credits will extend and the law charge you and that you will make a true and perfect inventory of all the said goods, chattels and credits and also a just account when thereunto required so help you God.

Sworn to and subscribed            Hannah (her X mark) Carpenter
in open Court 22 Dec. ?
H. W. Bishop, Clerk

Jacket: Last Will and testament of Temple Carpenter Filed for Record 22 October 1839.
H. W. Bishop, Clerk. Recorded in Book B, pages 116, 117, and 118.       Fee $2.30

The Will of Temple Carpenter

In the name of God, all powerful, Amen. Be it known that I, Temple Carpenter, a native of the State of North Carolina, and now a citizen of the County of Copiah, in the State of Mississippi being infirm but in my perfect senses, complete memory and natural understanding which it has pleased Almighty God to give me, believing as I do most firmly in the mystery of the Holy Trinity, Father, Son and Holy Spirit, Three distinct persons in one God-head, and in the mystery of the incarnation, of the divine sentence made man by the descension of the Holy Spirit for our redemption; under which faith and belief I have lived and vow so to do til I die, like a faithful Christian fearing death, I desire to make my will and for its furtherance I invoke for my intercessor the Sovereign King of Angels, the most Holy Spirit, the ascended Son, whom I supplicate to intercede with God, our Father, on his throne in Heaven, pardon for my sins, and to put my soul in the way to salvation; with which protestation And divine invocation I ordain it in the following words To Wit:

      Item 1. I recommend my soul to the same God who created and gave it, who redeemed it with the price of the most precious blood, suffering and death of His Divine Majesty to be pleased to pardon my sins and raise my soul to eternal rest with His chosen for which place it was created, my body I give to the earth of which it was formed; and in decaying I desire that it may have a sepulcher given it according to custom leaving my funeral and interment, to the disposition of the Executrix, which I shall name that she may perform it as she may think proper.

      Item 2. I declare to have been married in my first and only marriage to Hannah Newton, who is now living and is my only lawful wife under which marriage we have had eleven children, legitimate heirs to my estate (to wit):

Solomon Carpenter;
John Carpenter;
William Carpenter;
Martin Carpenter;
Mary Carpenter (wife of Everett Smith);
Owen Carpenter;
Elizabeth Carpenter (wife of Tyre O'Neal);
Margaret Carpenter (wife of Thomas Pate);
Matthew Carpenter;
Amanda Carpenter (wife of Bartley James); and
Sarah Carpenter, (also the wife of Bartley James);

four of which children are now dead, (to wit): Solomon Carpenter, Owen Carpenter, Elizabeth O'Neal and Amanda James.

The lawful heirs of said deceased children, it is my wish that at the time my property is distributed to my heirs they may receive their portion according to law which distribution it is my will and desire shall not be made until the time I shall hereafter name, or mention and under the stipulations herein after stated, and set forth and in no other way or manner whatever.

      3rdly: I declare for my possessions a habitation and tract of land in the County of Copiah and State of Mississippi aforesaid, which said tract of land contains, by estimation three hundred and twenty acres, or thereabouts, upon which said tract of land, there is a dwelling or mansion house, a kitchen, smoke house, store house, corn crib and three stables with a well of water, apple, peach, and plum orchards, with the necessary tools and implements of husbandry for the cultivation of the said habitation or farm.

      4thly: I declare as more of my property, three negroes, my slaves named as follows: Rhoda aged about thirty-eight years, Cate aged about thirty years, and Milly, aged abut twelve years together with three head of horses, about thirty head of cattle in my proper mark, about forty or fifty head of hogs, also in my proper mark and fifteen head of sheep also in my proper mark and a flock of geese and poultry, the whole to be found on my plantation and habitation.

      5thly: I declare to be indebted at this time to sundry persons in all about the sum of one hundred dollars. I order that these debts or any that may occur against me shall be paid, the claimants legally justifying and proving their accounts-which debts are to be paid out of the product of my property and habitation.

      6thly: I appoint for the executrix of my will and holder of all my property, words or acts which to me correspond or which may belong to me by whatever title or reason soever-my wife Hannah Carpenter, that she may keep hold, possess, and enjoy the benefit and profits arising from the whole of the aforesaid land and premises with the negroes, aforesaid, horses, cattle, sheep, geese, poultry and all tool implements and personal property household and kitchen furniture, of whatever description, soever during the natural life time of her-the said Hannah Carpenter. And that on her death the whole of the aforesaid property both real and personal, or such part as shall be remaining shall be sold according to law, and the proceeds of the same divided between my heirs and the children of my heirs pro rata, or share and share alike, giving the children of each of my deceased heirs a childs part.

      Item 7: I further order and it is my will and wish that should my said wife, Hannah Carpenter, after my death conceive or deem it necessary to dispose of or sell, all or any part of the personal property belonging to my estate, for her convenience or subsistence she may do so in the way she may think most proper, or convenient without any restraint or restriction whatever.

      Item 8: I revoke and annul all other Wills, Codicils, Powers and Memorandums which I may have made previously to this time either verbally, by writing or in any other form. It is not my will that they should be valid or had faith in, either in or out of Court. This alone I wish to have kept competed with and executed for my last and final will in the way and manner most proper.

      In testimony of which it is dated in the County of Copiah in the State of Mississippi this fifteenth day of May in the year of our Lord One Thousand Eight Hundred and thirty-nine.

Attest: of                      Temple (his X mark) Carpenter
R. M. Graves
Robert Meeks
Felix L. Ryan

Book AAA page 383 The State of Mississippi            Copiah County SS
Personally appeared in open Court with the within named Ransom M. Graves, Robert Weeks, and Felix L. Ryan whose names appear to the forgoing will who being duly sworn deposes and says that they saw............