Scott County MsArchives Wills.....Yarborough, John S. September 14 1878 ************************************************ Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/ms/msfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ronald J. Reid rreid21@cox.net June 12, 2004, 5:28 pm Source: Register Of Probate Claims 1835-1946, Page 1, Fhl 1987614 Written: September 14 1878 Recorded: June 11 1884 Last Will and Testament of J.S. Yarborough In the name of God Amen I J.S. Yarborough of Scott County Mississippi being of Sound Mind Memory and understanding do make publish and declare this my last will and testament hereby revoking all others heretofore made by me in form following to wit) I give my body to the dust from whence it came and my Soul I give and commend to God who gave it. My property or worldly estate I dispose of as follows/ Item 1st I give to my beloved wife Marsha T Yarborough four thousand dollars in cash in gold it being deposited where she can get it. Also my horse and Buggy and all the household furniture we possess of every kind Silver ware crockery ware &c Also my watch all of which I give to her during her natural life or widow hood and in the event of her marriage again I give her only two thousand dollars with the other property given to her and the other two thousand dollars to revert back to my estate and to be equally divided between all my children (6 in number) Item 2nd I give to the children of my deceased daughter Louisa J. Lowry wife of G.F. Lowry two hundred dollars as soon as it can be collected on notes which I now hold and also I give them a note for fifty dollars which I now hold on their father G.F. Lowry and to my daughter Elizabeth Kirtland wife of Dr. JR Kirtland one hundred and fifty dollars to be taken or paid out of a note which I now hold on her said husband J.R. Kirtland for three hundred and three dollars which note has small credit of two dollars And to my daughter Keturah Scott wife of Lu le Scott now decd one hundred dollars to be paid to her as soon as it can be collected on the notes I now or may hold And to my daughter Gertrude Brown wife of JL Brown Fifty dollars to be taken or paid out of a note which I now hold on the said JL Brown for two hundred and fifty dollars. And I give to my daughter Adella Snead wife of JP Snead fifty dollars to be taken or paid out of several notes I now hold on said JP Snead. An to my son W T Yarborough I give the two following notes one note for one hundred dollars dated Oct 10th 1868 with a _____ of twenty dollars and also another note for one hundred dollars dated Dec the 14th 1875 both notes due to son and signed by said WT Yarborough. 3rd And now in the event of my wifes failing to get the four thousand dollars given to her in item first it being in gold and now on deposit I then give her four thousand dollars out of my Notes which I now hold to be paid to her out of the first moneys collected on such and before and in preference to any of the above named legacies or amts Item 4 I next set apart three hundred dollars to defray my funeral expenses and to buy a suitable marble toom (sic) stone to be placed at the hed (sic) of my grave. 5th I wish to be buried in a neat plain ____ suited to my condition under the direction of my wife and children present 6th After the legacies and amts above set apart and the notes as nearly collected as can will be, I wish the balance on belonging to my estate equally divided between all my children six in number And all my lands together with my store house and lot in law to be held by my Executors until then in a fair demand for them and sold and net proceeds equally divided between all my children or if my children or their legal representatives think best and proper ?? they may and are hereby authorized to proceed at any time they may wish and properly appoint all heirs or legal representatives being notified & consenting to proceed to ____ all my real estate as equally as possible or as can well be between all my children seting (sic) apart plainly to each of my children their distributive lot or share. Item 7. And I do hereby appoint my son WT Yarborough and my son in law James L Brown my Executors to carry out this my last will and testament with full power to _____ settle up my estate without any administration or going into the courts as I owe no man a dollar except sixty dollars to Lu le Scott due the first day of Oct next for the last three months board I don’t wish any expense incurred in the settling and dividing up of my estate as I hereby give my Executors as full power as I possess to collect sell make titles &c J S Yarborough The certain and forgoing will signed sealed published and declared in the presence of the testator and in the presents of each other who at the request of the Testator signed the same as witnesses thereto this 14th day of September 1878. WM Thornton JL Gresham JH Couch (Proof of Will filed Dec 4th 1878) In the matter of the Probate of the last will and Testament of J.S. Yarborough deceased. Personally appeared in open court before me the undersigned Chancellor of the 8th Chancery Court Dist W.M. Thornton and JS Gresham two of the subscribing witnesses of the last will and Testament of Jno S Yarborough late of said County deceased bearing date the _____ day of September AD1884 Who having been first duly sworn deposed and says that the said J.S. Yarborough signed sealed published and declared said instrument as his last will and testament in the presence of the deponents on the day of the date thereof and also in the presence of J.A. Couch the other subscribing witness and who since the subscribing thereof has departed this life and that said instrument is wholly in the hand writing of said testator. That said Testator was of sound disposing mind and memory and more than twenty one years of age and that these deponents and the other subscribing witness subscribed said instrument as witnesses thereto at the insistence and request and in the presence of said Testator and also in the presence of each other on the day and year aforesaid Sworn to and subscribed to in W M Thornton Open Court this the 4th day of J L Gresham Dec AD 1878 T B Graham Chancellor (Upon which the followng order was made at the Dec Term 1878) Decree In the matter of the Probate of the last will & testament of J S Yarborough deceased. James L Brown and W T Yarborough having this day presented a certain instrument of writing purporting to be the last will and testament of J S Yarborough and the court being satisfied from the testimony in writing of W M Thornton and J L Gresham two of the subscribing witnesses (J. A. Couch the other subscribing witness being dead) that instrument is the same original and true last will and testament of said J S Yarborough decd and that tat the time of making and publishing the same that said decedent was over twenty one years of age and of sound and disposing Mind and Memory It is therefore ordered that said instrument of writing be admitted to Probate & recorded as the last will & testament of J.S. Yarborough decd The State of Mississippi I RTM Simmons Clerk of the Scott County Chancery Court of said County Hereby certify that this and the other pages contain a true record of the last will & testament of J.S. Yarborough together with the proofs & order of the Court Probating the same This June 11th 1884 RTM Simmons Clerk By J A Ware D.C. This file has been created by a form at http://www.genrecords.org/msfiles/ File size: 7.7 Kb