Random Discussion Thread
Posted 20 December 2013 - 05:10 AM
So this is about as random as it gets. I'm editing the family tree that my sister Deb put together.
On May 4th, 1670, Katherine Dale, daughter of Major Edward Dale and Lady Diana Skipwith, married Thomas Banford Carter. Since Edward and Lady Diana only had daughters, they made out their will to leave everything to Katherine, who was the oldest. The will was made out in 1674, which was the year of death of the youngest daughter. The other lived until 1695.
This is the actual transcription of the will:
Thomas and Katherine's Marriage: "Know all men by their presents that I Edward Dale of the County of Lancaster in Virginia, Gent., as well for and in consideration of a marriage already had and solemnized between Thomas Carter of the same county, Mercht. of the one parte and Katherine his wife, daughter of me aforesaid Edward Dale of the other parte as also for diverse good causes and considerations mee thereunto moveing have given, granted, afirmed, bargained, solde, enfeoffed and confirmed and doe by these presents for mee, my heirs and assignes and administes and of them give grante _____ bargain ____ enfeoofe and confirmed unto aforesaid Thomas Carter and Katherine his wife and their heirs, all that plantation whereon the said Thomas Carter now lives together with all houses, > edifices, orchards, gardens, ffences, and outhouses thereunto belonging and appertaining or with the same now and occupied or enjoyed which said premises are sett scituated lyeing and being in the aforesaid County of Lancaster _____ _____
together by _____ _____five hundred acres of land more or leff and me now in the occupation of the aforesaid Thomas Carter or his assignes to have and to hold the _____ plantation and premises _____ ____ and ____ of their appertenances unto the said Thomas and Katherine and their heirs to the _____ only ye use and behalf of them the said Thomas and Katherine, their heirs and assignes forever and to none other ufe or ufes intents or purposes whatsoever with waranty against all persons whatsoever claming by from or under mee the said Edward or my heirs with
____ ____ make further mentione of the premises unto the said Thomas and Katherine and their heirs when a whereupon lawfully required. In witness whereof I the said Edward Dale have thereunto set my hand and seale Dated the 4th of December Ao Domo 1674. Edward Dale His Seale ________ Charles Howell Sign. Mary _______ Sign. Recognit in Court County Lancaster
_____ _____ _____ _____ December Ano Dom 1674. Record ____ ____ ____ ____ John Stretchley County Clerk Mentioned that I Diana the wife of the within mentioned Edward Dale for
voluntarily and freely without any manner of compulsion toward the sale of said within mentioned and do hereby relinquish my right of dower to any of the said within mentioned and doe hereby authorize my sonne in law Mr. Daniel Harrison my lawful attorney acknowledge this my ____ in the Court of Lancaster in witness whereof have foreunto sett my hand and seale this 8th day of December, Ao Dom 1674. Diana Dale Ye Seale
As it turns out, the will was updated in 1695, upon the death of the middle daughter.
The new will read:
"In the Name of God Amen the twenty fourth day of Augt 1694 I Edward Dale of the County of Lancastr in Rappk River in Virga Gente being of sound & p’fect memory God bee praised doe make and ordaine this my last Will & Testamt in manner & forme following ffirst I commend my soule into the hands of Almighty God my Creator and Reedeemer my body to the Earth from whence it Came to bee decently interred without any wine drinking as for such worldly Estate as it is pleased God to blesse mee wth I dispose of in manner and forme following , Imps if it shall soe please God that my now wife shall happen to overlive me I give unto her for her maintenance dureing her life the whole pffit of my Estate whatsoever some respect being alwaies had to her as an honest woman a Gentle woman many years my wife and after her decease I give the plantacon wheron I now live to my two Grand Children Peter and Joseph Carter to have and to holde to them and their heirs and assignes forever to bee equally divided betweene them and in Case of the mortality of either of them before they come to the age of one and twenty years then the whole to the survivor and in Case of the mortality of both of them then to my Grand Son Jno Carter Item I give unto my two Grand sons Peter and Joseph Carter all my instrumts of husbandry upon or belonging to the sd plantacon Item I give unto my Grand daughter Elizabeth Carter my best bed and the trunck Item I give unto my two Grandsons Peter and Joseph Carter and to my two grand daughters Elizabeth and Katherine Carter all my P’sonall Estate whatsoever to bee equally devided betweene them and in Case either of the Girls happen to dpart this life before their day of marriage or eighteene years of age I give her part to the survivor Item I give to my Grandson Peter Carter my ***** boy James & to my Grandson Joseph Carter my molatto boy Robin Item I give unto my daughter Elizabeth now wife of William Rogers twelve pence in full of all claimes whatsoever [*] Item It is my desire for the better improveing of my Estate for the uses aforesaide that my Estate bee continued together upon the saide plantacon and after my wife bee supplied with necessaries and the plantacon likewise yearly I give unto my daughter Katherine Carter and my Granddaughter Elizabeth Carter during her life the p’ffit of all the Estate whatsoever. Item I doe nominate and appoint my Grandsone Edward Carter and my daughter Katherine Carter and my Grandaughter Elizabeth Carter when she arrives to the age of sixteene yeares of age to bee my Executors In witness whereof I have hereunto put my hand and seale Dated the day and yeare above written. Edward Dale ye seale
Signed sealed and published in the presence of John Chilton p sigr Tho: Carter junr Henery Carter.
This turned out to be a bad thing. Since a widow couldn't contest a will, the heirs stripped the estate before submitting it to the court. Lady Diana was left pretty much broke until she died. She didn't live long, though.
Edited by 55fan, 20 December 2013 - 09:01 AM.
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