Joseph Carter
Born: 7 May 1766, Halifax NC
Died: 14 Jun 1839, Sumner County, TN
Father: William Carter
Mother: Deanita?
Married Ann Mallory Born: 1735-1745
Our Child - Elizabeth Carter

Below is from Joyce Hetricks Book

JOSEPH CARTER-5, was born May 7, 1766, probably in Halifax, North Carolina. He died June 14, 1839, in Sumner County, Tennessee. He and several of his siblings moved over to Caswell County, North Carolina, prior to 1790. There he married ANN MALLORY that year in a double ceremony with Stephen Mallory and Stephen’s bride on December 19, 1790. ANN, who was born July 15, 1761, appears to be the sister of Stephen Mallory and the daughter of JOHN MALLORY, Sr., of Caswell County. We are not sure of her birthplace, possibly North Carolina, and possibly Virginia. It is interesting to note, however, that ANN was not only five years older than JOSEPH, but was age 29 when they married. This was quite old, even “elderly,” for a woman to marry in that era. Especially a woman of some family substance. [Will of Joseph Carter, Sumner County, TN; marriage records Caswell Co., NC.]

Theda Womack did the initial research on the CARTERS. She found WILLIAM-4’s will and it mentioned his children and wife, DEANITA. We assume that DEANITA is the mother of the children, but we have no proof that she is.

Giles Carter-1; Theodorick-2; Theodorick-3; William-4; Joseph-5; Elizabeth-6

Children of Ann Mallory and Joseph Carter-5

  1. Mary Carter-6, born about 1792, married James E. Hanna February 3, 1817. They moved to Sumner County, Tennessee and had six or seven children. One of the younger sons was James Allison Hanna, who married Harriet Escue, the daughter of JAMES. Mary Carter-5 probably died before 1839. Many of their descendants were still in Sumner at the time of the Civil War. On the 1880 Census [Microfilm T9 Rolls 1281-1282] they were found in page 180, house number 14, as James A. Hanner age 43, Harriet S. age 40, Joseph A. age 22, James W. age 20, Charles D. age 12, Tobias D. age 9, Thomas B., age 5, and Sarah E., age 2.

  1. Francis Carter-6, was born July 27, 1793, and his wife was named Elizabeth. He remained in Caswell County, where he died about 1827. After his death, his father wrote and invited his wife and daughters to move to Tennessee and live with JOSEPH and ANN. The name Francis was an heirloom name from one particular branch of the CARTER family and helps us distinguish the separate groups. His daughters were mentioned by name in his father’s will. Elizabeth was found on the 1838 Sumner County, Tennessee, Scholastic Census listing the heads of households and the number of children they had in school. Elizabeth was listed in District 13 near her brother-in-law, Joseph W. Carter, who also had one child in school that year.

  1. John Carter-6, was born September 29, 1794, and probably died February 12, 1821. John’s wife was Ann L. Williams. John had a son named Nathan Carter-7, who lived with JOSEPH-5 later in Tennessee. There was also a John M. Carter in Sumner, Tennessee, who had sons named Francis, Joseph, and John. That John M. Carter died and left a will in 1848 [W. O. 404.] This author is not sure who he is, but with the heirloom names, he is probably related to our line.

  1. ELIZABETH CARTER-6, was born April 16, 1797, and married ENOCH SIMPSON December 29, 1818, in Caswell County. She was our ancestor, and moved with her parents and husband to Sumner County, Tennessee, not too long after their marriage.

  1. Joseph W. Carter-6, was one of a pair of twins born October 29, 1799. Joseph married Nancy White in Sumner County, Tennessee, September 20, 1830. The 1850 Sumner County Census shows him living in District 13, page 173, near Nelson B. Turner. Joseph was listed as age 50, owning $2,800 in real estate and as having been born in North Carolina. His wife, Nancy, age 44; was born in Tennessee. Their children listed were Sarah, age 18; William, age 16; Thomas M., age 14; Mary E., age 12; Elizabeth, age 10; Joseph W., age 8; John, age 6; Virginia, age 4; and Elizabeth, age 2. None of the children were noted as attending school. Joseph was listed on the Scholastic Census of 1838 as having one child in school in District 13.

  1. William Mallory Carter-6, second of the twins, was born October 29, 1799. They both moved to Sumner County. William was administrator of his father’s estate. He married Eliza Turner, the daughter of John Turner, and sister of Nathan B. Turner. William died November 26, 1856. William lived on Rockbridge road in Sumner County. In 1838, William and his family were listed on the Scholastic Census in District 12, and he had four children enrolled in school that year.

  1. Nancy Carter-6, was born August 7, 1801, and married her first cousin, George M. Carter-6, son of William Carter, Jr.-5, the Revolutionary Veteran and brother of JOSEPH-5.

JOSEPH’s father, WILLIAM CARTER-4, continued to reside in Halifax County, North Carolina, until his death in 1810. His will is of record there in Book 3, page 500, #768, dated March 17, 1810, and probated May Court 1810. JOSEPH had been gone from Halifax at least 20 years when his father died.

Will of Joseph Carter-5

Sumner County, Tennessee, Book 2, page 256

In the name of God, Amen,

I Joseph Carter, Sr. Of Sumner county and State of Tennessee being of weak body but perfectly sound in both mind and memory do make this my last will and testament in manner and form as follows to wit. It is my will and desire that all my just debts shall be paid which are but few out of any money that I may died possessed of or the first money that may come into the hands of my executors.

Secondly, I give and bequeath unto my beloved Ann the tract of land whereon I now live and the tract I purchased of Pleasant Bell containing in the whole two hundred forty nine acres to have and to hold the same with all the rents profits arising therefrom during her natural life and no longer, also twelve negroes namely Buck, Abram, Abba, Hanna, Temperance, Ritter, Lewis, Sally, Davy, Jacob, Dianah, and cuff for her own proper use and benefit. So long as she shall live and no longer. Also she is to have all the household and kitchen furniture and the plantation tools of all kinds, also four of the best cows and calves and all the stock of sheep and hogs and four of the best of work horses and three wagons all which she is to have and to hold for her own proper use and benefit during her natural life and no longer.

Thirdly, I give and bequeath [to the] seven grandchildren of my daughter Mary Hanna the sum of eight hundred dollars to be equally divided among them and to be paid out to them by my executors as they become of age without interest.

Fourthly, I give and bequeath to my daughter Elizabeth Simpson in addition to what I have given her heretofore two negro boys namely Jim and Bob to her and her heirs forever.

Fifthly, I give and bequeath to my son Joseph W. Carter, in addition to what I have given him heretofore a negro boy Statton and a negro girl named Amy and all the land I now own lying north side of Bledsoe for quantity see deeds to him and his heirs forever.

Sixthly I give and bequeath to my son William Carter in addition to what I have given him heretofore a negro man named Blanderman and a negro woman named Chloe to him and his heirs forever.

Seventhly I give and bequeath to my daughter Nancy Carter the sum of fifty and no more.

Eightly, I give and bequeath to my three granddaughters the children of my son Francis, namely Mary Carter, Sarah Carter, and Martha Carter, jointly a tract of land lying on the ridge between the tract whereon I now live and Thomas Taylor’s land called the Wilson containing sixty acres, be the same more or less and forty dollars each to them and their heirs forever.

Ninthly I give and bequeath unto my grandson Nathan Carter one hundred and twenty dollars in money.

Tenthly, It is my will and desire that my property not heretofore disposed of in my will at my death shall be sold, except so much thereof as shall be sufficient for the support of my wife, and her family for the preseent year and the money arising therefrom be applied first to the payment of my debts and secondly to satisfy the respective legates before named in my will and the residue if any to be equally divided among three of my children, namely Elizabeth Simpson, Joseph W. Carter and William M. Carter.

Eleventhly, it is my will and desire that at the death of my wife, Ann, all the property that may then belong to my estate except the land and negroes shall be sold and the money arising thereby to be equally divided among all my own children that are now living namely Elizabeth Simpson, Joseph W. Carter, William M. Carter, and Nancy Carter and the tract of land whereon I now live at the death of my wife Ann I give and bequeath to my son William M. Carter to him and his heirs forever for quantity see deed and the tract of land which I purchased of Pleasant Bell containing seventy five acres at the death of my wife Ann, I give and bequeath unto my granddaughter Mary Carter and to her heirs forever.

Twelve: After the death of my wife Ann, I give and bequeath unto my son Joseph W. Carter a negro man named Lewis to him and his heirs forever and unto my son William M. Carter I give and bequeath a negro man named Buck to him and his heirs forever, and the other negroes not heretofore disposed of in my will at the death of my wife Ann except Abram, Abba and Hannah are to be valued but not sold to any person who is not a member of my family, and the negroes at their valuation to be equally [divided] among all of my children that are now living, and if any of the lot of negroes to be valued higher than the other the deficiency is to be made up in money and the three old negroes, Abram, Abba and Hannah are to be taken care of by my executors who are to be appointed hereafter as long as they live and at their death to be decently buried.

Lastly I do hereby constitute and appoint my beloved sons Joseph W. And William M. Carter the executors of my last will etc. It is my desire resigning my life into the hands of my Makers, that I be decently buried without ostentation or parade.

witness Thomas Gilman, Thomas White and securities Nelson B. Turner and James H. Turner.

Nelson Bailey Turner, and his brother, James H. Turner, who were securities for the will of JOSEPH CARTER, would figure significantly in the lives of ENOCH SIMPSON for several years. ENOCH would later marry the widow of James H. Turner and would be involved in a spite lawsuit with Nelson B. Turner. Nelson Turner was apparently a friend of William Carter’s but not of ENOCH’s. We don’t know what JOSEPH CARTER thought about his son-in-law, ENOCH SIMPSON.

the most direct connection between William M. Carter and Nelson Bailey Turner was that of brothers-in-law. William Carter married Eliza Turner, daughter of John Turner and sister of Nelson. But it gets more complicated since William was ELIZABETH CARTER SIMPSON’s brother, and Eliza and Nelson Turner were siblings of James H. Turner, who was the first husband of Martha Johnson Simpson [ENOCH’s second wife.] Then, there was Frances Turner, who married Ricahrd C. Johnson-3, uncle of Martha Johnson Turner Simpson. RICHARD E. JOHNSON-4 and Mary Frances Johnson Simpson, and son of Austin Johnson. Another Turner sister also married a Johnson. As my Sumner County born and bred grandfather used to say, “They all married up like a bunch of mungrel dogs! [Erick Montgomery, in an e-mail to the author(Joyce Hetrick), in 1997.]

After JOSEPH died, an inventory was made and a sale held in September, 1841. Most of the people at the sale were relatives or neighbors. ENOCH SIMPSON was there and was a buyer. He bought a bed and furniture for $34.50. He also bought a “lot of soap” for 75 cents and a “big wheel” [spinning wheel] for $1.25. Four weeding hoes cost 13 cents. William bought two iron wedges for 75 cents, and ENOCH bought five axes for $2. William bought three bee stands for $1.75, ENOCH bought the wagon for $50, a scythe and cradle for $1. A flax wheel brought $3.19, a sugar desk brought $6.67 and a set of spoons brought $6. The spoons were probably silver. A set of knives and forks sold for 94 cents, a jug for 56 cents, a clock for $12, a candle stand for $1.50, a “press” for $7.25 [that was probably a kind of side board]. A flax wheel brought $3.25, and a “looking glass” brought 38 cents. The term “looking glass” according to one history was sometimes not what we would think of as a “mirror,” but was actually a chamber pot! A pot [cooking?] and rack brought $2; a table and bread tray, 59 cents; a washing tub, 75 cents; and a side saddle brought $1. A sorrel horse brought $23 and a bay $32. Another bay horse brought $77 and another sorrel brought $110. His hogs sold in lots for various prices but it did not mention how many animals in each lot, apparently they were about $1 per head. Ten shoats [young pigs] brought about 50 cents each. A cow and calf brought $10; three shocks of fodder [corn leaves to feed livestock] brought $4.12; 50 pounds of bacon sold for $3. Lard sold for 7 1/4 cents a pound and sugar was 10 cents per pound. A yoke of oxen sold for $25. Oxen were usually neutered bulls and were trained to pull a plow. A “yoke” consisted of two animals. A “team” would have been four or more oxen. [Estate of Joseph Carter, Sumner County, TN]

This method of dividing an estate was reasonably fair to the family. This way there should not have been any fighting over a deceased person’s items. Each heir being able to buy what they wanted at public auction and then the proceeds divided to the heirs.

Obviously, JOSEPH’s plantation produced the food and fiber needed for the family, and the women and the slaves did the spinning and weaving of the family’s clothing. They worked the fields with oxen and horses and out of the 18 slaves that were owned by the estate, 15 were of some value to the plantation’s system of labor. JOSEPH’s stock of horses contained several valuable riding or breeding animals. He produced beef, pork, honey, oats, corn, and flax. He probably also raised cotton and/or tobacco for cash crops, but they were not mentioned in the estate sale.

The flax raised and spun for clothing for the family and the slaves was quite labor intensive. First the flax plant had to be grown, then pulled entirely from the ground, dried and then broken on a “flax brake,” which crimps the tough, woody outer fibers of the plant. This is then separated from the long inner fibers of the plant which will be spun and woven into linen cloth. A special spinning wheel, or flax wheel, is used to spin the fibers into thread, which would be woven into the cloth. The fibers may be spun on a wool wheel, but the finest thread can only be spun on the special flax wheel. Bundles, or skeins, of thread prepared for weaving were also used as a form of barter in the 1700s and early 1800s. Commercial spinning mills were beginning to grow in Tennessee by 1820, but until after the Civil War, spinning and weaving continued to be a common household task for the women on the plantations.

Though JOSEPH’s intentions were pretty clear and he intended the bequest to Elizabeth and her heirs, after his death, as is sometimes the case, there were problems over the estate among the heirs. ENOCH SIMPSON, ELIZABETH’s widower, had possession of Jim and Bob, the two slaves left to her in JOSEPH’s will. He also had a female slave named Temperance, valued at $500, who was from ANN’s estate.

County Records show:

An Inventory of the estate of ELIZABETH SIMPSON dec’d by ENOCH SIMPSON the admr. At August Term 1841 of the County Court of Sumner.

Two negro men, Jim and Bob, each worth $800 = $1600
Negro girl Temerpance worth $500 by valuation 500
three hundred dollars in cash notes due 300
from the estate of
JOSEPH CARTER decd at this time about 40
Total value twenty four hundred and forty dollars___________$2440

ELIZABETH’s brother, William M. Carter, the executor of their father’s estate, sued ENOCH SIMPSON for the return of the slaves and cash, because ELIZABETH had died before JOSEPH, and he thought that her part should not descend to her husband or her children. In 1842, the court ruled in William’s favor, calling it a “lapse legacy,” and demanded that ENOCH return $1,173 and the slaves to the estate. ENOCH was pretty upset by the judgment. [[Reference: Letter from Theda Womack in author’s possession, no date.]

There seems to be some “bad blood” between several of the members of these families. The will in 1835 of John Turner, the father of Nelson B. Turner, mentions “Land on which Richard C. Johnson lives.Richard C. Johnson, son of the Reverend RICHARD JOHNSON, married a daughter of John Turner. This woman was a sister to Nelson B. Turner. William Carter had married one of the daughters of John Turner, too. William M. Carter was appointed joint executor with Nelson B. Turner of John Turner’s will. Later, ENOCH SIMPSON would provoke this group again when he married Martha Johnson, the granddaughter of the Reverend JOHNSON and the widow of James H. Turner, and was raising her Turner son. [See: Sources Sumner County Lawsuits.]

ANN MALLORY CARTER having separate property [slaves] is indicative of her being the daughter of JOHN MALLORY, who had a large estate. If ANN received her portion of her father’s estate at marriage, those slaves, and their offspring, would have been under her husband’s control, but still remained her separate property. The slave, Temperance, was listed with JOSEPH’s estate, but was distributed by ANN’s estate.

William M. Carter also tried to get the legacy left by JOSEPH to the daughters of JOSEPH’s son, Francis, nullified. In the lawsuit, the girls testified that they worked for their grandfather and sewed and kept house for him. William initiated many lawsuits over this estate. He was apparently very greedy to receive as much of his father’s estate as possible, at the expense of the rest of the family. His friend and brother-in-law, Nelson Turner, also appeared quite greedy.

This is the single episode of this kind of legal bickering over the estate that this author has found in researching hundreds of estates of our ancestors. There were probably some instances of informal bickering, but William M. Carter seems to lead the pack in pure legal and moral malice and greed. [See: Sources Sumner County Lawsuits.]

Theda Womack relates some stories about the CARTERS. She says in a letter to the author: (Joyce Hetrick)

“There are many lawsuits after his [JOSEPH’s] death. William M., the executor, apparently didn’t want the other heirs to get too much. The will says ‘seven minor children of Mary Hanna.’ I have found the names of six and know a descendant of the youngest son, James Allison Hanna, born about 1836, who married Harriet Susan Escue 20 June 1857. Son Francis Carter was married to Elizabeth__?___and had three daughters Mary, Susan, and Martha F. Testimony in lawsuit says that after the death of Francis, Joseph wrote the daughter-in-law Elizabeth and told her to come to Tennessee and he would take care of them. She came in 1827 and lived on his land. William said father [JOSEPH] furnished her food, others testified she and daughters sewed for him. Mary [dtr of Francis Carter] married Samuel Stewart in 1849, Sarah married Wm. J. Flemming, about 1840, and died in 1850s, and younger sister married him and reared the children. Then Francis’ widow, Elizabeth, married second James Fleming, probably father of her son-in-law.

The two eldest children of Joseph W. Carter went to Russian River Sonoma, California, in 1850 and married there. Letters from other Sumner Countians noted seeing “William Carter and his party” there in the gold fields. Two other children went to Grayson County, Texas, two sons were killed in Confederate Army, and two daughters married and remained in Sumner County, Tennessee.”