This note is an interruption in the recent thread and is prompted by a comment, made recently on the GERMANNA_COLONY Mailing List, to the effect that men did not leave their property to girl friends. I generally do subscribe to that thought, but I will cite an example showing that no rule should be regarded as inviolable.
William Carpenter made his will on 4 Oct 1745, which consisted of the simple statement,
"To my wife Elizabeth Carpenter all my estate as long as she liveth and at her death to return to Catherine Proctor, excepting two slave boys I give to John Carpenter one and William Carpenter his younger brother one, and to Andrew Carpenter the half of the mill. One young slave to my brother John Carpenter."
William (WC) Carpenter
The executors: Nicholas Yager and Andrew Garr
Wit: Richard Burdyne, John (X) Floyd
Questions are raised by this statement. First, who was Catherine Proctor? No hint of any relationship was mentioned. When the will was recorded, (brother) John Carpenter objected to the will, telling the court,
"First, the writing was made at the importunity and by the persuasion of one Catherine Procter, the divisee in remainder in the will named. Secondly, William Carpenter was not of a disposing mind and memory at the time of making the writing. Thirdly, he never published the writing to be his will and testament."
Even this fails to tell us just who Catherine Proctor was. The court called on Richard Burdyne for his testimony and it provides the answer,
"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 that his brother Wm. Carpenter was kicked by a horse or mare and was very ill and had sent him to the deponent¹ 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 sometimes 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 "mistress" by several persons. The deponent saith he verily believes Wm. Carpenter was in his perfect senses and at his request this deponent wrote his will as he directed from his own mouth until he came to the part where a slave 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 had been with me in my travels and distresses and came into this country with me, I will give him a young slave, on which Catherine Procter said, which must he have."
(¹Deponent: One who testifies, especially in court; witness, corroborator, testifier.)
(to be continued)
(21 Dec 00)
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