Orange County NcArchives Wills.....Scarlett, John April 24, 1837 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume E, pages 412-414 Written: April 24, 1837 Recorded: May 1837 Testator: John Scarlett In the name of God, Amen I John Scarlett of the county of Orange and State of North Carolina being weak in body but of Sound mind and considering the uncertainty of my earthly existence and Knowing that it is appointed unto all men Once to die do make and declare this my last will and testament in manner and form following that is first I will and direct that may any debts or charges that may be against my Estate be paid out of such debts as may [be] due me or monies that me[may] be on hand at that time of my decease Item 2nd I give and bequeath to my beloved wife Scyntha Scarlett the Tract of Land whereon I now live together with the use of my negroes Nat and Beersheba with the crop that may be growing thereon either now or at the time of my decease with my household and Kitchen Furniture such provisions of all Kinds as may be on hand, stock of all Kinds with my waggon & Geer, Threshing machine, and plantation tools during the term of her natural life Item 3rd To my son Allen Scarlett to whom I have made advancements heretofore I give the sum of Fifty Dollars Item 4th To my son Page Scarlett I give and devise the interest ["which" x-out] I have and hold by purchase of Seven Shares which I have in the tract of Land whereon Mary Ferguson now lives also one half of the amount of such monies as may be on hand and debts due after taking out the sum of Fifty Dollars specifically given to my son Allen Scarlett in a foregoing item of my will and the payment of all my Just debts Item 5th To my son Henderson Scarlett I give devise and bequeath the tract of Land whereon Abram Crabtree now lives being the same conveyed by me to my son Allen Scarlett & by him reconveyed to me again Containing One hundred acres together with the other half of the amount of debts due me and monies on hand after deducting the sum of Fifty dollars given to my son Allen Franklin as aforesaid and payment of my debts & such other charges as may arise against my estate with my Sett of Blacksmiths tools and also I give to my Said Son Henderson the tract of Land whereon I now live after the death of my wife Item 6th To each of my daughters Nancy Mariah and Dililah Scarlett on their Marriage, I give a horse of the Value of Thirty Dollars a cow bed & sufficient bed clothing out of the property heretofore given to my wife during her natural life [page 2] Item 7th At my wifes death I will and direct that all of the residue of the property given to her for the support of herself and my daughters until they shall marry be divided in the following manner out of the same I give to my Grandson John Gaston Carrell Fifty Dollars out of the same and that all the rest and residue of the same except the Land which I have given in a former item of this my will to my son Henderson after my wifes death, be equally divided between my daughters Nancy Elizabeth Carrell, Maria, and Delilah Scarlett share and share alike And lastly I do hereby constitute and appoint my son Page Scarlett my Lawfull executor to all intents and purposes to execute this my Last will and Testament according to the true intent and meaning thereof and every part and clause of the same hereby revoking and declaring utterly void all other wills and testaments by me heretofore at any time made In Witness whereof I the said John Scarlett do hereunto set my hand and Seal this 24th day of April 1837 Signed and Sealed published and delivered by the said John Scarlett to be his last John Scarlett (Seal) Will and Testament in presence of us who at his request in his presence and in the presence of each other do subscribe our names as witnesses thereto ------ Silas M. Link Jurat Susan McQuiston Page Scarlett qualified [Will Book Volume E, page 412] In the name of God Amen I John Scarlett of the County of Orange and State of North Carolina being Weak in body but of Sound mind and considering the uncertainty of my earthly existence and Knowing that it is appointed unto all men once to die do make and declare this my last Will and Testament in manner and form following that is first I will and direct that may any debts or charges that may be against my Estate be paid out of such debts as may [be] due me or monies that may be on hand at that time of my decease ---- Item 2nd I give and bequeath to my beloved wife Scyntha Scarlett the Tract of Land whereon I now live together with the use of my negroes Nat & Beersheba with the crop that may be growing thereon either now or at the time of my decease with my household and Kitchen Furniture ["such" erased] such provisions of all Kinds as may be on hand, Stock of all Kinds With my Wagon & Geer, Threshing machine and plantation tools during the term of her natural life [Will Book Volume E, page 413] Item 3rd To my son Allen Scarlett to whom I have made advancements heretofore I give ["him" x-out] the sum of Fifty Dollars -- Item 4th To my son Page Scarlett I give and devise the interest I have and hold by purchase of Seven Shares which I have in the tract of Land whereon Mary Ferguson now lives also one half of the amount of such monies as may be on hand and debts due after taking out the sum of Fifty Dollars specifically given to my son Allen Scarlett in a foregoing item of my Will and the payment of all my Just debts --- Item 5th To my son Henderson Scarlett I give devise and bequeath the Tract of Land whereon Abram Crabtree now lives being the same conveyed by me to my son Allen Scarlett & by him reconveyed to me again Containing One hundred Acres together with the other half of the amount of debts due me and monies on hand after deducting the sum of Fifty dollars given to my son Allen Franklin as aforesaid and payment of my debts & Such Other Charges as may arise against my Estate With my Sett of Blacksmith tools and also I give to my Said Son Henderson the tract of Land whereon I now live after the death of my wife -- Item 6th To each of my daughters Nancy Mariah and Delilah Scarlett on their marriage, I give a horse of the Value of Thirty Dollars a cow bed & Sufficient bed clothing out of the property heretofore given to my wife during her natural life Item 7th At my Wifes death I will and direct that all of the residue of the property given to her for the support of herself and my daughters until they shall marry be divided in the following manner out of the Same I give to my Grand son John Gaston Carrell Fifty Dollars out of the same and that all the rest and residue of the Same except the Land which I have given in a former item of this my Will to my son Henderson after My Wifes death, be Equally divided between my daughters Nancy Elizabeth Carrell, ["Mariah" x-out] Maria, and Delilah Scarlett share and share alike And lastly I do hereby Constitute & appoint my son Page Scarlett my Lawfull executor to all intents and purposes to Execute this my Last will and Testament according to the true intent and meaning thereof and every part and clause of the same hereby revoking and declaring utterly void all Other Wills and testaments by me heretofore at any time made In Witness whereof I the said John Scarlett do hereunto Set my hand and Seal this 24th day of April 1837 Signed and Sealed published & delivered by the said John Scarlett (Seal) John Scarlett to be his last Will and Testament in presence of us who at his request in his presence and in the presence of each other do subscribe our names as witnesses thereto ~~~~~~~ Silas M. Link Susan McQuiston Orange County May Term 1837 The Execution of the foregoing last Will & Testament of John Scarlett decease[d] was duly proved in Open Court by the Oath [of] [Will Book Volume E, page 414] Silas M Link a subscribing Witness thereto and Ordered to be recorded At the Same time Page Scarlett the Executor there in named appeared in Open Court and qualified Accordingly Test Additional Comments: Will Book Volume E, pages 412-414 Recorded May 1837 Estate Papers comprise five pages and are found in a folder named "Scarlett, John (1842)". In the will and estate papers, Mariah is listed as Morah, Maria Scyntha is also listed as Cynthia. Page is also listed as Paige [Estate Papers - Petition to Sell Slaves Feb 1842] State of North Carolina } County Court Orange County } Feby Term 1842 To the Justices of said Court -- The petition of Page Scarlett the executor of John Scarlett deceased humbly sheweth unto your worships that in and by the last will of Said John Scarlett deceased two negro slaves by the names of Beersheba and Nat are left to Cynthia Scarlett his widow for life and at her death to his four daughters Nancy, Betsey Carrol wife of Alsey Carroll, Mariah, and Dililah share and share alike he shews that the said Cynthia is dead & that said negroes cannot be divided ac- cording to his testators will without a sale You petitioner therefor prays your worships that they may be sold by a decree of this court and the proceeds disposed of according to said will J. W Norwood Atto for petitioners