In the name of God, Amen. I Eaton Carpenter, knowing the uncertainty of human life, and being of sound and deposing mind, hereby revoking all others, do make constitute and ordain this to my last will and testament in manner and from following, viz.
First– It is my will and desire that all of my just debts and funeral expenses be first paid by my Executor.
Secondly– It is my will and desire that all my slaves that I am possessed of at the time of my death be emancipated and set free.
Thirdly– It is my will and desire that all my estate, both land and perishable property, other than the Slaves, be sold by my Executor, upon such terms, and in such manner as he shall think best, and the proceeds of the sales thereof, be applied to the removal and settlement of the Slaves to some of the free States.
Fourthly– The money arising from the proceeds of the sales of my land and perishable property after paying the expense of removing them, shall be divided equally amongst them all to buy lands to settle them upon.
Fifthly– It is my will and desire that my friend Edmund P Tucker be appointed Executor of my last will and testament trusting and believing as I do in his honor, honesty, and fidelity in carrying my object and wishes towards the Slaves that that I leave to his care and protection.
In witness whereof I have hereto set my hand and seal, this 1st day of April 1848.
Eaton Carpenter
Signed, sealed, and acknowledged in presence of J Powell, Charles Tucker, Cornelius Sale1
The Will is Probated
At a Court held at Amherst County on the 18th day of September 1848 a paper purporting to be the last will and testament of Eaton Carpenter, deceased, was produced in open Court, and proved by oath of James Powell, Charles Tucker, and Cornelius Sale three subscribing witnesses thereto and was ordered to be recorded. And on the motion of Edmund P Tucker, the Executor therein named, who made oath thereto according to law. And together with Charles Tucker, his security, entered into and acknowledged a bond in the penalty of twenty four thousand dollars, conditioned according to law; which is ordered to be recorded. A certificate is granted him for obtaining a probate thereof in due form of law.
I, Samuel M Garland, Clerk of the County Court of Amherst in the State of Virginia do certify that the foregoing is a true copy of the original will executed by Eaton Carpenter, deceased, and ordered to be recorded, pursuant to the law of this Commonwealth, with the order of Court. Thereon, the same was thereupon duly recorded as by the records of my office still remaining fully appears.
In testimony where I have hereunto set my hand and affixed the seal of my office this 26th day of September 1852 and in the 77th year of the Commonwealth.
Samuel M Garland
Thomas N Eubank Certifies Probate
State of Virginia, Amherst County
I, Thomas N Eubank, Presiding Justice of the Peace for the County of Amherst in the State of Virginia, do certify that Samuel M Garland, who hath given the foregoing certificate is clerk as is therein stated, that the said attestation is in due form, that full faith and credit are due to his official acts and the foregoing signature purporting to his is genuine.
Given under my hand
Thomas N Eubank
Presiding Justice of the Peace in and for the County of Amherst in the State of Virginia
Sam M Garland Certifies Thomas N Eubank’s TItle and Signature
State of Virginia, Amherst County
I, Samuel M Garland, Clerk of Amherst County Court, in the State aforesaid do certify that Thomas N Eubank who hath given the foregoing certificate is Presiding Justice of the Peace, as is therein stated, commissioned as such and that the signature thereto attached purporting to be his, is genuine.
Given under my hand this 25th day of September 1852
Samuel M Garland
Edmund P Tucker Executes Emancipation Clause of Will
Virginia, Amherst County
I, Edmund P Tucker, Executor of the last will and testament of Eaton Carpenter, deceased, hereto annesced, and certified by Samuel M Garland, Clerk of the County Court of Amherst County, do hereby certify that Leland, aged about 16 years, and of the following description to wit: Brown colour is one of the Slaves embraced by the testator’s will and emancipated by the Second clause thereof, which is in these words “It is my will and desire that all my Slaves that I am possessed of at the time of my death, be emancipated and set free” And in order to give effect to the said will, I do by these presents as Executor aforesaid give my assent to my said testor’s legacy of freedom and emancipation to the said Leland and have furnished him with a annexed certified copy of the will.
In witness whereof I have hereunto set my hand this 16th day of October 1852.
Edmund P Tucker, Executor of Eaton Carpenter, deceased.
Samuel M Garland Records Leland’s Freedom
I, Samuel M Garland, Clerk of the County Court of Amherst County, do hereby certify that Edmund P Tucker, Executor of Eaton Carpenter, deceased, personally appeared before me in the Clerk’s office, in the County aforesaid, and his name being signed to the annexed writing bearing date the 16th day of October 1852 purporting to be his assent to the legacy of freedom and emancipation give by the testimony of Leland described in the said assent. He acknowledged the same in my presence.
Given under my hand this 16th day of October 1852
Samuel M Garland
Thomas N Eubank Certifies Leland’s Freedom
Virginia, Amherst County
I, Thomas N Eubank, Presiding Justice of the Peace in and for the County of Amherst, do certify that Samuel M Garland, whose name is signed as clerk to the foregoing and annexed certificate bearing date the Sixteenth day of October 1852 purporting to be the assent of Edmund P Tucker, Executor of Eaton Carpenter, deceased, to the legacy of freedom and emancipation to Leland is the lawfully elected and acting clerk of the said County Court of Amherst and full faith and credit aught be given to his official act aforesaid.
Given under my hand in this County aforesaid this sixteenth day of October 1852.
Thomas N Eubank
Presiding Justice of the Peace in and for the County of Amherst in the State of Virginia
- Brother of anti-slavery Methodist reverend John Sale.
