John Wesley Scarborough Will

The following is a transcription by Kimberly R. Jacobson from a copy of the original record obtained at the Greene County Court House in Eutaw, Alabama.

Source: Will Book C, pages 562-563, Greene County, Alabama Courthouse

Will of John Wesley Scarborough

Testimony of John W. Scarborough, one of the subscribing witnesses to the Will of John W. Scarborough deceased taken down in open court to be used as evidence in the matter of the Probating the will of the said John W. Scarborough, which was heretofore propounded by Alex. C. Harris the Executor named therein, and which was set for hearing at this Term of the court said witness being by the Court duly sworn on oath saith on as follows to wit—
I knew John W. Scarborough in his life time he was a citizen of Greene County Alabama and died at his residence near Pleasant Ridge on or about the 2d day of February AD 1859, the paper now shown me is the last will and Testament of the said John W. Scarborough late of Greene County deceased, he signed the same as such on the date it bears to wit on the 1st day of February 1859 and declared it so to be in my presence & in the presence of Bartholomew Turnipseed and John S. White the other subscribing witnesses to said will – at his request we signed the same in the presence of the Testator and in the presence of each other on the day it bears date, The said Testator at the time of his death was about 46 or 47 years of age at the time of making said will the said John W. Scarborough was of sound and disposing mind & memory and capable of making a will – I know of no reason why said instrument in writing now before me should not be admitted to Probate as the last Will and Testament of John W. Scarborough deceased – I know of no other will that the said John W. Scarborough ever made and executed in his life time – the deceased died leaving Caroline M. Scarborough his widow and relict and the following named children James R. Scarborough, Washington H. Scarborough, Amos Alex Scarborough, and Wesley Scarborough as only heirs at law and that Caroline M. Scarborough his widow and Amos Alexander and Wesley Scarborough reside in Greene County Alabama and James R. and Washington H. Scarborough reside in the state of Arkansas & that Amos Alex & Wesley Scarborough are minors under the age of 21 years.
Taken down in open court and read over to & subscribed by witness under oath on the 15th day of March 1859.
W.C. Oliver, Judge
John W. Scarborough




I, John Wesley Scarborough of the State of Alabama and the county of Greene, being of sound and perfect mind and desirous of paying all of my just debt do hereby make this my last will and testament revoking all others heretofore made.
1st My will and desire is that if the crop of 1858 is sufficient to pay all of my just debts that my personal and real estate be kept together without sale and under the management and control of Alexander C. Harris and in case the crop above specified should not be sufficient to pay all my just debts it is my will and desire that so much of my personal estate be sold to satisfy all the claims and 2nd It is my will & desire that my beloved wife Caroline M. Scarborough have and hold all my real estate during her natural life and it is further more my will and desire that at the death of my wife Caroline M. Scarborough that said real estate be equally divided by sale or otherwise between my beloved children Amos Alexander Scarborough and Wesley Scarborough and provided there should be younger child that the above named two it also hall share e equally in my Real Estate with the two already named and 3rd It is my will and desire as my two sons to-wit James R. Scarborough and Washington H. Scarborough having each received from me amounts equal to a distributive share of my property both personal and Real, I now will and bequeath to each of them five dollars and 4th It is my will and desire that all my personal property which may not be sold to pay my just debts be kept together on the place during the natural life of my wife Carline M. Scarborough and it is my will and desire that my two sons Amos Alexander Scarborough and Wesley Scarborough remain with my wife Caroline M. and be supported out of the proceeds of the crops raised on the place and it is also my will and desire at the death of my wife Caroline M. that all my personal estate with the increase thereof be equally divided by sale of otherwise between my two last named children and if there should be other heirs from the present marriage contract they equally share in the same with the two last named children and 5ly I do hereby nominate and appoint Alex C. Harris executor of this my last will and testament .
In testimony where of I have hereunto set my hand and seal this the 1st day of February, Eighteen Hundred and Fifty Nine.
John Scarborough
Bartholomew Turnipseed
John…Scarborough
John??White? (paper ripped)

John w. Scarborough descended from Samuel Scarborough (Scarbro) of Wake County, North Carolina. This will was transcribed from microfilm.

Will of Samuel Scarbrough
Wake County, North Carolina, Wills, Inventories and Estates, pages 325-326, [FHL002006] Book 6
Samuel Scarbrough’s Will

In the name of God Amen, I Samuel Scarbro of the County of Wake and State of North Carolina being of sound and perfect mind and memory do this 23rd day of October 1802 make and publish this my last Will and Testament in manner following—

First, I give unto my son Samuel Scarbro one hundred and fifty nine acres of Land including the plantation where he now lives to him and his Heirs forever.

2ndly I give unto my son John Scarbro one hundred and fifty Nine acres of Land including the plantation on which he lives, and the plantation on which I live to him and his Heirs and assigns forever.

3rdly I give unto my daughter Lucy Thrower all the property she has in possession to her and her Heirs forever

4thly I give unto my daughter Sarah Ellis one featherbed and furniture to her and her Heirs forever.

5thly I give the remainder of my estate consisting of horses Cattle, Hogs, Beds, & C. to be equally divided between Elizabeth Scarbro and Rebeccah Scarbro, their Heirs and assigns forever.

Lastly my will and desire is that my two daughters Elizabeth Scarbro and Rebeccah Scarbro shall have the use of the Land and plantation whereon I now live during a single life and I hereby constitute and appoint my son Samuel Scarbro and Rebecca Scarbro Executors of this my last Will and Testament. In Witness whereof The said Samuel Scarbro have to this my last Will and Testament set my hand and Seal the day and date above written.

Signed Sealed Published

Declared by the said Samuel Scarbro the Testator as his last Will & Testament in the presence of us.
Samuel Scarbrough

W.F. Hodges
Wm. Hertoz??
Wake County November Term 1804
The ? Will was in open Court duly proven by the oath of W.F Hodges a subscribing witness thereto and Ordered to be Recorded.