Old Wills

Will of Benjamin F. Carr – One of the Founders of Fulton

Benjamin Carr was born in Sampson County, North Carolina, September 30, 1763, the son of Jonathan Carr and Patience Turner.  In February of 1801, in Sampson County, he married Nannie Snell, born February 23, 1777, in Orange County, North Carolina, the daughter of Roger Snell and Amelia Sarah Thompson.  Ben moved his family to what was then Hickman County, Kentucky, about 1828, living for a while in Tennessee, since census records show son Ben F. was born in that state.  His will is written before the area in which they lived became Fulton County in 1845.

Ben and Ann Carr had at least six children, all of which are named in his will:

  1. Abner Snell Carr, 1802-1865, lived with his brother Ben F. Carr’s family in the 1850 and 1860 census records.
  2. Patience Carr, 1805-1874, married Jesse Thompson.
  3. Thompson Turner Carr, 1807-1846, married Sabra Byrd, both parents listed on son Franklin Carlock Carr’s death certificate.
  4. Caroline Elizabeth Carr, 1812-1896, married twice, John Woods and Felix Grundy Baird.
  5. Jonathan Roger Carr, 1815-1852, married Elizabeth Carr, in 1850 census.
  6. Ben Franklin Carr, 1818-1870, married Mary Jane House.

Benjamin Carr died April 25, 1845.  Ann Carr died five years later, February 20, 1850.

It was surprising to see a typed will from the 1840’s, but better a typed one than none at all!

Fulton County Court, Regular April 11th term 1910

On account of Will Book number one having become mutilated and torn and also illegible, it is hereby ordered by W. A. Naylor, Judge of the Fulton County Court, that S. T. Roper, Clerk of the Fulton County Court, copy same from the year 1845 to 1910 in a new book purchased for that purpose for which the Clerk may certify his account to the County Court for payment.  Reference is hereby made to Order Book No. 8 Page 415 of the records of Fulton County, Kentucky.

W. A. Naylor, J.F.C.C.

Will of Ben Carr

Fulton County Will Book 1, Pages 4-5

In the name of God amen, I Ben Carr of the County of Hickman and the Commonwealth of Kentucky, do make this my last will and testament, revoking all others by me previously made.

First.  I will and bequeath to my wife, Ann Carr, the following property, viz:  The quarter section of land on which I now reside containing 160 acres be the same more or less, during her life with all the improvements thereon, also one wagon and one yoke of oxen, Negro girl by the name of Matilda, and one child by the name of Alfred, also two work creatures of her choice among all on the farm, also three cows and calves, also three sows and pigs, also all the household and kitchen furniture which may be on hand at my death, with the exception of one bed and furniture for Abner, and also one bed and furniture for Ben Franklin Carr.  The above property is willed and bequeathed to my wife Ann Carr during her life.

Second.  I will and bequeath to my son Abner S. Carr the following property, viz:  One Negro boy by the name Jerry, also one half of a Negro man named Sam, in the possession of John Thompson in Bedford County, State of Tennessee.  Also, 100 acres of land in Weakley County, Tennessee, on which 100 acres there is an occupant or the presell occupant claim.  Also, one feather bed and furniture which has been excepted heretofore for his benefit.  I also will and bequeath to Abner S. Carr a Negro boy by the name of Bertie.  Also, one horse mule named Jack.

Third.  I will and bequeath to my daughter Patience Thompson and her legitimate heirs the following property, viz:  200 acres of land to be run to the best advantage so as to include the quarter section on which she now lives.  Also, one Negro boy by the name of George.

Fourth.  I will and bequeath to my son Thompson T. Carr the following property, viz:  The quarter section of land on which he now lives with 40 poles added thereto from the quarter on the north of him, which poles are to run parallel with the Dreilbelbiss quarter on which he lives.  Also, a Negro boy by the name of Ben and one boy by the name of Solomon.

Fifth.  I will and bequeath to my son Jonathan R. Carr the following property, viz:  The quarter section of land on which he now lives, also the north half of quarter section thirty-three Township one, Range 2 west, lying south of him to run parallel with his other quarter.  Also, one Negro boy by the name of Sam which is now in his possession.  Also, one boy by the name of Peter.

Sixth.  I will and bequeath to my daughter Caroline Bard and her legitimate heirs the following property, viz:  All the balance of the quarter of land known by the Dreibelbiss quarter, over and above 10 acres which has been heretofore willed to Turner Carr.  Also, one Negro girl by the name of Sarah and $200 in money to be raised out of the surplus property or by the heirs after all just debts are paid.

Seventh.  I will and bequeath unto my son Ben F. Carr the following property, viz:  One-half of northwest quarter of land in section thirty-three, Township one and Range 2 west.  I also will and bequeath to him a Negro man by the name of Harry and his wife Hanna.  It is my will and request that my son Benn F. Carr shall live and continue to live with

His mother and pay that attention to her which is due from a son to a mother and with the expectation of having this part of my will complied with I do hereby will and bequeath to him all the property and effects before willed to her at her death.  In case of a dissolution I wish no change to take place until January next 1844.

It is my will and wish that my son Ben F. Carr shall act as executor to this my last will and testament in company with Felix G. Bard, and out of the proceeds of surplus property not disposed of heretofore to pay and satisfy all just claims against my estate.  In testimony whereof I have hereunto set my hand and seal, revoking all other wills in presence of the undersigned witnesses, this signed in the presence of.

Ben Carr

Peter Whitsell, E. G. Kimbro

Kentucky, Fulton County

May County Court 1845

This last will and testament of Ben Carr, deceased, was this day produced in Court and proven to be such last will and testament by the oaths of Peter Whitsell and E. G. Kimbro, subscribing witnesses thereto and ordered to be recorded whereupon the same is recorded accordingly.

Att. S. D. Stephens Clark, Fulton County Court

From the June 12, 1975 issue of The Paducah Sun, ‘It is announced that The International Banana Festival, August 12-16, will share the origin of the twin-cities, Fulton, Kentucky, and South Fulton, Tennessee, with descendants of the founding fathers, Alexander paschal of South Fulton, Benjamin Franklin Carr and Noah Norman, of Fulton, at the annual Governor’s Luncheon on August 15, at the Holiday Inn.’

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