Sources - Carter - Nelson Cemetery

Fauquier County Tombstone Inscriptions

Nancy Baird, Fauquier County, Va., Tombstone Inscriptions, Fauquier County Library, page 93

NELSON – CARTER CEMETERY, Warrenton, Va

Located 1.5 mi. W of Springs Rd. on Rt. 691, to right rear of house, stone wall, several field stone markers. Shown and given data by Miss Alice Carter

Our Father / Capt. W. W. CARTER / Born / April 27, 1815 / Died Feb. 13, 1903
Martha E. CARTER [nee NELSON} / Born Nov. 3, 1818 ? Died ? July 7, 1873
Thomas NELSON / who died Decr. 21st 1856 in his 79th year
Elizabeth / wife of/ Thomas NELSON / who died Jany. 1837 age 55 years & 1 day
2 daughters of above: Elizabeth and Agnes, who married Melville WITHERS in fieldstone marked graves

Thomas Nelson’s Will

Digitized copy in Virginia, U.S. Wills and Probate Records, 1652-1900, on Ancestry.com

Transcribed by Alice Carter, 2022

In the name of God Amen I Thomas Nelson of the county of Fauquier and State of Virginia do make my last will and testament.

1st – I give to my friend Isham Keith in trust for the sole and separate use and benefit of my daughter Catharine Whitescarver during her natural life and after her death to her children, free from all claim and interest of her husband and not in any manner subject to his debts present and future a negro girl Mary and her future increase now in her possession.

2nd – I give to my son James R. Nelson in trust for the sole and separate use and benefit of my daughter Elizabeth Grant(?) during her natural life and after her death to her children, free from all claim and interest of her husband and not in any manner subject to his debts present and future a negro boy Dick now in her posession.

3rd – I give to my son James R. Nelson in trust for the children of my late son Thomas H. Nelson a negro woman Maria and her three children and the future increase of the females to be held by him for their benefit alone, and free from the claim of all other persons whatever.

4th I give to my son in law William Carter three hundred dollars to bear interest from the |8| – day of January 1850 (and subject my estate to the payment thereof) in trust for the children of my late daughter Matilda [?} Johnson.

5th After satisfying the above special legacies made for the purposes of equalizing the advancements given to my children, I will and devise that the whole residue of my property, real personal and mixed be equally divided between my children and the children of those who are dead – the grandchildren taking the share of their respective deceased parents to wit George A Nelson, James R Nelson, Martha Carter, Catharine O Whitescarver, Mary A Wood, Elizabeth Grant, the children of my late daughter Matilda Johnson, and the children of my late son Thomas H. Nelson. The share of my said daughter Mary A. Wood to be held by my said son James R Nelson in trust for her sole and separate used and benefit during her natural life and after her death for the benefit of her children free from all claims and demands of her husband, and not subject to his debts present and future, and the shares of my daughter Catharine O White Carver and Elizabeth Grant and my grand children the children of my deceased son Thomas H Nelson to be held by the same persons in trust subject to the like reservation and conditions alike free from the claims of other persons and in every man ? limited and tied up as the special legacies herein willed to them.

It is my will that my son in law William Carter hold the share of the children of my deceased daughter Matilda J (?) Johnson in his possession until they become of age or marry.

I appoint my son James R Nelson Executive of this my last will and testament this 24th day of December 1850.

Interlined before signed.
Thos Nelson
Thomas Nelson signed, published and declared that as his last will and testament in our presence and desired us to witness the same.
Isham Keith
James Blackwell

At ? Court held for Fauquier County on the 26 day of January 1857
This paper writing purporting to be the last will and testament of Thomas Nelson deceased, was this day presented to Court and proved by the oath of Isham Keith one of the subscribing witnesses thereto, and a court held for Fauquier County on the 23rd day of February 1857. The same was again produced to the court, having been partly proven by the oath of James G. Blackwell the other subscribing witness thereto and thereupon the same is ordered to be recorded as and for the true last will and testament of the said Thomas Nelson deceased.

James R Nelson the executor therein named qualified and gave bond and security according to law the security having justified.

Teste (?)
M H Jamings, ??

William Walden Carter’s Will

Fauquier County Courthouse
Will Book 43
Page 366

I, W.W. Carter, being of sound mind and disposing memory, and recognizing the uncertainty of human life, do make, publish, and declare this to be my last will and testament, hereby revoking all others.

First: I desire the payment of all my just debts by my Executor hereinafter named, as soon after my death as practicable.

Second: At my death, I give to my son, James R. Carter, the privilege of buying my farm on which I now reside, at the price of twenty two dollars and fifty cents ($22.50) per acre, if at that time he so elects, and in case he determines to take said farm at this price named he is to have four years’ time without interest within which to pay for same, dating from the 1st of January following my death.

Third: I desire that all of the property of every character of which I die seized and processed be equally divided among my six children, the children of my two daughters Bettie and Alice Withers taking the shares of their mothers respectively.

Fourth: Should any of my sons bring an account against my estate for service rendered during my lifetime then and in that event the share or shares hereinbefore given said son or sons under the third clause of this will shall pass back unto my estate and be divided among the rest of my children, and in lieu of such share or shares of such son or sons presenting accounts against my estate shall receive five dollars only.

Fifth: Should any of my children or grandchildren attempt to make my Executor hereinafter named give security on his executorial bond such child, children, grandchild or grandchildren making such effort shall receive nothing under the third clause of this will, but in lieu thereof one dollar only.

Sixth: I appoint my son James R Carter my Executor under this my last will and testament, and request the Court in which the same is probated not to require of him security on his land as such Executor, and I further direct that he, James R Carter, shall receive as Executor in addition to an equal share of my estate under the third clause of this, my will five percent commissions on my entire estate as compensation for his services as Executor.

Witness my hand, which I have set to this, my will, written upon two sheets of paper, signing each sheet hereof this the 14th day of Oct. 1892.
W.W. Carter
Signed published and declared by W.W. Carter as and for his last will and testament in the presence of us, who, in his presence, at his request and in the presence of one another have hereunto subscribed our names as witnesses to the foregoing will.
J.P Jeffries
W.G. Weeks

Codicil to my foregoing will, executed on the 14th of October 1892 before J.P. Jeffries and W.G. Weeks as witnesses.

Whereas by or deed of trust of the 3rd of December 1874 of record in Deed Book 1874 5 page 252 in the County Clerk’s Office in Fauquier County, I conveyed to James V. Brooke certain personal property to secure certain debts, among which was one of two hundred and fifty dollars, due Alice N Carter, who afterward intermarried with S.M. Withers, which said debt has been fully paid, but not marked satisfied upon the records. Now it is my wish that if any steps are taken by the husband and or children of my said daughter Alice N Withers, to again receive said sum of any part thereof then and in that event it is my wish and desire that the children of my said daughter take nothing under my will as aforesaid, dated as aforesaid in the 14th of October 1892.

I further will that the graveyard containing about a quarter of one acre, be reserved from the farm as a family burial ground and that a right of way from the public road be reserved for the purpose of reaching said graveyard at all times but for no other purpose.

Witness my hand, which I have set to this a codicil to my will dated as aforesaid on the 14th of October 1892 this the 15th day of June 1897.
W.W. Carter

Signed published and declared by W. W. Carter as and for a codicil to his last will and testament, dated 14 October 1892 in the presence of us who in his presence at his request and in the presence of one another, have hereunto subscribed our names as witnesses to the foregoing Codicil to the will of the said Carter dated as aforesaid.
W.G. Weeks
R.O. St. Clair

I leave to my daughter in law Mrs. James R. Cater my bedstead mattress, bed and bedclothes. If my son James R. Carter takes my farm on the terms stated in my will, he is to take ? by the number of acres in the two deeds made to me, one from Thomas Nelson of his two hundred and eleven acres and one from Mrs. Georgeanna A. Blight of three acres and a half making two hundred and fourteen acres more or less. Witness my hand and deal this 30th day of May 1902.

W. W. Carter
Witness: J. P. Jeffries, R.O. St. Clair

Death Records

Virginia, Deaths and Burials Index, 1853-1917

Name: Thomas Nelson; Birth Date: abt. 1777; Death Date: 21 Dec 1856; Death Age: 79; Occupation: Farmer; Race: White; Marital Status: Married; Gender: Male; Spouse Name: Eliz. Nelson; FHL Film Number: 2048582.
Name: Alice Withers; Birth Date: 1844; Birth Place: Fauquier County; Death Date: 16 Oct 1880; Death Age: 36; Race: White; Marital Status: Married; Gender: Female; Father Name: Wm. A. Carter; Mother Name: Martha Carter; Spouse Name: S. M. Withers; FHL Film Number: 31637.

Virginia, U.S. Death Registers, 1853-1911

Name: Bettie Withers; Sex: Female; Race: White; Age: 33; Birth Date: 1841; Death Date: 5 Apr 1874; Death Place: Warrenton, Fauquier, Virginia; Cause of Death: Childs Bed; Occupation: Farmer

Newspaper announcements

“Died.” The True Index, October 23, 1880. Regarding the death of Alice Carter Withers.