Schley County Georgia Will of Dr. Henry Scarborough File contributed for use in USGenWeb Archives by Dorothy Garrison" Table of Contents page: http://www.usgwarchives.net/ga/schley.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm WILL OF Dr. Henry Scarborough State of Georgia County of Schley In the name of God, Amen. I Henry Scarborough of said county and state of aforesaid being of advanced but of sound and desposing mind and memory; knowing that I might shortly depart this life; I feel it right and proper both as respects My family and myself that I should make a desposition of the property with which a (..? )Providence has blessed me. I do therefore make this my last will and testament, hereby revoking and annuling all others, by me hereto before made. First. I desire and direct my body be buried in a decent and Christian like manner suitable to my circumstance and condition in life. My Soul, I trust shall return to rest with God who gave it, or I hope for Salvation through the merit and atonement of the blessed Lord and Savior Jesus Christ. Second..I desire and direct that all my just debts be paid without delay by my Executor and my Executrix here after named and appointed without delay. page 165 Record of Will of Schley County, Ga. 1898. . Third. I give and bequeath to my son, John N. Scarborough the north east corner room in my stone house in the Town of Ellaville, Schley County, Georgia ( Formerly occupied by him, as a law office.) for and during his natural life or so long as he may desire to use it free of rent. . I desire and direct that all my real estate be kept together for and during the natural life of my blessed wife, Hulda and in like manner my house hold and kitchen furniture, and so much of my personal property as may be necessary in the cultivation of my farm, and the carrying on of my merchandising interest now in Ellaville, Georgia both to be carried on by my Executor & Exectrix hereafter named and appointed to the best interest of my said estate and in the management of the farm, I give them the same right and power that I now have and I do give and bequeath to my beloved wife, Huldah, for and during her natural life all my household and kitchen furnature, that is the use of the same for and during said time also in like manner. I will and bequeath the rents & profits from my plantation in Schley County. Also from my store in the Town of Ellaville, Georgia or so much there of as may be necessary for the support and comfort in life, without .? And for her to be the s! ole judge as to the amount for and during her natural life only. I also desire and will that my daughter Julia have a support from the same source for and during the natural life of my beloved wife, Huldah, or so long as she lives with my dear beloved wife and remain single and unimpaired. And I further and desire that of the rents & profits aforesaid should at any time become insufficient for the support of my dear beloved wife & daughter Julia in the event I desire and will that so much of my personal property that is least needed on my farm and in my store be sold & proceeds used for said fulfilled aforesaid or any money arising from my estate, that is on hand to be used in the event aforesaid for said purpose and I further will and desire that if at any time during the natural life of my beloved wife, Huldah should there be a question(?) of money arising from my estate from the rents and profits or otherwise, or about what is meaning for the support of my beloved wife,! Huldah and daughter Julia and for carrying on my farm and merchandising, ( My Executor & Executrix to be the judge of this, that I hereafter name and appoint) in this event I will and devise that my said Executor and Executrix here after named and appointed decide said supplied money into server? Equal shares and pay the same to my loving married children and grandchildren to wit one share to my daughter Mrs. Elizabeth Snipes, one share to my daughter Julia, one share to my grandchild,W.C. Wright, son of my daughter Mrs. Sarah Wright deceased, one share to my son Thomas Green, and one share to the children of my son, L.M. Scarborough to be paid to the guardian here after named and of one share to my son, John N., Jr., (...? ), one share to my son, Freling Scarborough. Fifth. I desire will and direct that my farming interest be carried on by my Executor & Executrix hereafter named and appointed for and during the natural life of my beloved wife, Huldah. To the interest of my said estate either by running the farm or renting the farm out from Jno. Byron or by leasing the same for and during said time. Also my merchandising interest in like manner for and during said time aforesaid or so long as said being an expense to my estate. Sixth I desire and will that so much of my personal property that have not been herein excerpted and that is not necessary in carrying on my farming interest and my merchandising interest for and during the time aforesaid or sold at once by my Executor and Executrix herein after named and appointed in this decision and in like manner, to purchase all stock, farming implements and goods that may be necessary to keep up my farming and such merchandising interests for and during the house? Aforesaid in as full manner as I have a right more to do myself to the interest of my said estate. Seventh I desire and will that if my dear beloved wife Huldah so desire that she shall have the right to occupy my dwelling house or my farm and to use my other house on said farm for her comfort as her home or in like manner my dwelling home over my store in Ellaville, Georgia for and during her natural life, or if she so desire to board with whom she please or to purchase a dwelling or to build one where she may desire out of the rents & profits or any surplus money belonging to my estate as aforesaid. Eighth.I will and bequeath to my daughter Julia after the death of my beloved wife, Huldah the set of furnature that I purchased from Savannah, Georgia in the year of 1883. Ninth .I will and bequeath that after the death of my beloved wife, Huldah, that my Executor hereafter names and appointed divide my estate both real and personal in Seven Shares equal ( that is the remainder of my real estate) if it can be done with satisfaction to all parties concerned, if not, then I desire that the same be sold by my Executor and the proceeds arising said sale be divided in like manner into seven equal shares, one share I will and bequeath to my daughter Mrs. Elizabeth Snipes if living at said time , if dead then to her children share and share alike. One share to my grandson Henry Wright & W.C. Wright who are children of my daughter Sarah Wright deceased. As follows five dollars of said share to Henry Wright and the balance of said share to W.C. Wright whom I have raised from his infancy. One share to my son, Thomas Green Scarborough if alive at the time of death then share to his children share & share alike, but if he has no child or children in life! at said time in the event said share to revert to said estate to be divided between the balance of my children and grandchildren in the same each? As I have named and will name in this my last will and testament. One share to the children of L.M. Scarborough share and share alike if said share and thereby name and appoint my son, L.M. Scarborough the Guardian of the said children without requiring him to give home as such and without requiring him to account to his said children. I leave the whole of said matter to his honor as to the investment of said share and for the accounting to them, One share to my son, John N. Scarborough if in life at said time of death then to his heir at last and one share to my son, Freling Scarborough if in life at said turn if dead to heir, children if no children then said share to revert to my estate to be divided amongst my children and grandchildren in same manner that I have named & will name appoint and the other share to my daughte! r Julia Scarborough if in life at this time, if dead to her children if any in life at said time in the event of no children in life if she is dead said share to revert to my said estate for the purposes aforesaid and in like manner. Tenth..I hereby constitute and appoint my son John N. Scarborough as my Executor and my beloved wife Huldah Scarborough as my Executrix of this my last will and testament and as I put the interest confidence in the uprighteous honesty and integrity of my son John N. Scarborough & my beloved wife, Huldah and not wishing to run my estate unnecessary expenses I hereby give them full ..? And authority to sell any of my proiperty both real and personal under the foundation of this my last will and testament with out obtaining an order from the Court of Orderly or any other Court and I do not desire that they run my estate as my Executor & Executrix to the expense of making annual returns as the law requires under excepted as I have in this instant, but if my said son John N. and my beloved wife Huldah should cease for any cause to act as my Executor & Executrix of this my last Will and Testament and some other person or persons were appointed in their stead in the event, it is m! y will & desire that they be required to make annual returns as the law requires and that they be required to obtain an order from the Court of Ordering before they have a right to sell any of my property with leave to sell under this my last will & testament. This January 24th, 1885. Henry Scarborough (LS) Signed, Sealed delivered and published by Henry Scarborough as his last will & testament in the presence of the undersigned who subscribe our name hereto in the presence of said testator at his special request and in the presence of each other. This January 24th, 1885. Witness W.H. McCrory William Allen James F. Woods Georgia Schley County Before me personally appeared William Allen named as a witness to the foregoing will of Henry Scarborough perporting to be the last Will & Testament of Henry Scarborough who being duly sworn deposeth and says that he with J.F. Woods and W.H. McCrory did on the day of 24th day of January 1885 attest as witness the further writing in the presence of H. Scarborough who in our presence voluntarily signed & published the same as his last will and that the said H. Scarborough was at the time of said attestation and signing of same and disposing mind and memory. William Allen Sworn to Subscribe Before me this 17th day of Sept. 1898. 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