Perquimans County NcArchives Wills.....Scarbrough, Macrora 1752 ************************************************ 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: Nola Duffy nduffy@patch.net September 1, 2010, 6:22 pm Source: N C Willis & Estates - Grimes Written: 1752 MACRORA SCARBROUGH'S WILL IN THE NAME OF GOD AMEN, I, Macrora Scarbrough, of Pequimons County, in the Province of North Carolina, Gent., Being in good health of Body and of Sound & perfect Mind and Memory, Praise be therefore Given unto Almighty God for the Same; But Calling to Mind the Mortality of My body, and knowing that it is Appointed for all Men Once to die, but not how Soon or Sudent it May be, Do therefore make & Ordaine this my Present Last Will and Testament in Manner and forme following (that is to Say), first & principally, I commend my Soul into the hands of AImighty God, hopeing through the Merits, death, & Passion, of my Saviour Jesus Christ, to have full and free pardon & forgiveness of all my Sins, and to inherit Everlasting life; And my body I commit to the Earth to be decently Buried at the Discretion of my Executors hereafter Named, nothing Doubting but at the General Resurrection, I shall receive the Same again by the Mighty Power of God. And as Touching the Dispossion of all Such Temporal Estate, as it hath pleased Almighty God to bestow upon me in this Life, I Give & Dispose thereof as followeth: Imprimis, I Will that all my Just debts & funeral Expences be first paid and discharged in reasonable and convenant Time after my Decease. Item, I Give & bequeath unto My welbeloved Wife, Eliza- beth Scarbrough, and to her Disposial, all that part of my Estate that may or will become due to me upon the Division of Mr. William Reeds, (hir former Husbands) Estate. I also give unto my said Wife, the use and Labour of two Negros, Vizt:, Miak a fellow & Pasquotank Rose, a wench, During hir widowhood, And after that, to be Divided as my Other Estate is hereinafter Directed To be. I give likewise unto my said Wife, My Chest of Draws, and the Six Silver Tea? Spoons, Strainer & Tongs, which is more commonly used?. Item, I Give, bequeath & devise unto my Son, Benjamin Scarbrough, and his heirs forever, the land & plantation where- on I now Dwell, called Springfield, and all other the lands gave to me by Mrs. Juliana Lakers, which may appear By hir Deed of Gift to me, bareing date, ye 20th. day of July, Anno Dom. 1731., reserving only the Use & Occupation of the houses, Plantation and that part of the land whereon I Now Dwell, unto my wellbeloved Wife, Elizabeth, Dureing hir Widowhood, if She thinks fitt to live thereon. I also Give and bequeath unto my Said Son, Benjamin, four Negros, Vizt: Nicholous, Dennis Two fellows, Nann & Venus, two wenches, Six Silver Spoons Marked P., my Silver Headed Cane, Silver Shoe Buckles, Knee buckles, fourteen Silver vest bottons, Black walnut Desk, and all my wearing apparil. Item, I. Give, bequeath, Devise Between my two Sons, Benjamin, and Macrora, and their heirs forever, My Land & plantation at Yawpim, wch I Bought of Thomas Wyatt, and now Called point Pleasant, Divided Between them as follow- est, Vizt., Beginning at ye Mouth of a Small branch Issueing out of ye River, Neare the Mouth of Yawpim Creek, Thence running up the Middle of the Said branch to a forked Sweet Gum, at the head of ye Said branch, Thence about a west Course thorough the Clear'd ground to a Small Dubble Dick, so along the Same to the End thereof, and from thence a Strate Course about ye middle of the Neck of Land to a Marked tree a Standing between a Small pond & the head of a branch makeing out of the Beaver Cover, Thence the Same Course until it Intersexs the line of William Wyatts land adjoining thereto; and my Son, Benjamin or his his heirs to have the part binding on Yawpim River, and my Son, Macrora or His heirs, the other part, binding on Yawpim Creek; Both parts of the said land, I give and Devise under This Restriction and Directions, That neither of them nor their heirs, Shall sell or Give their Divident or Part of the land afsd. (unless it be either to one other) or any part or parcell thereof, unless they be or their heirs, joyntly agree to Dispose of the Same, or any part of it, but if either of my two Said Sons, or their heirs shall presume (Contrary to this my Will & Desire), To make any deed or Conveyance Other ways than herein Directed, Then in Such case, I hereby Revocke the Devise of their part in This land, and then I do hereby abso- lutely give and Devise all the aforesaid land unto him and his Heirs forever, either of which of them my two sons, Ben- jamin or Macrora, their heirs that shall Com------ with the Conditions of this my Will and Testament. But if Either of My two Said Sons, Benjamin or Macrora, Should happen to Die before they To the age of twenty one years, Then, and in Such Case, my Will is that the Survivers or his Heirs have the whole tract or Parcell of Land forever. And further My Will is, That my Son, Benjamin, have the Use & Benefit of that Part of Point Pleasant land which I have herein given unto my Son, Macrora, untill he, my said Son shall come To the age of fifteen years; Unless there be a acasion to Dispose of the Same for the purchase of Other Lands as hereafter Directed, and Provided, he my Said Son, Benjamin, will let his Mother in Law, my wife, Elizabeth, have the Use for the Same time of fourteen yrs. of that part of the plan- tation whereon I Now Dwell and wch is given to him by his Grandmother, Juliana Lakers, other wise, this bequest to be void. And my said wife, Elizabeth, to have the Use & benefit thereof, the better to Enable hir to bring up the said Child So long as She Shall have the Care of him. Item, I Give, Bequeath, & Devise unto my Son, Macrora, and his heirs forever, My Oak Ridge land, Containing Two hundred & one Acres, as per the Patent granted to me in the year of Our Lord, 1744. And I also Give and Bequeath unto my said Son, Macrora, four Negros, vizt., Little Rose, Welcome, Grace & Suana; a Quart Silver Can, my Silver Watch, Pinch back headed Cain, one good Black walnut Deask, To be bought for him, if the Same be not don before my Decease, my Copper Still & furniture thereunto belonging. Item, I Give, Bequeath & Devise Unto my Son, William, and his heirs forever, My land adjoyning the Land of Mr. Harvey, Containing three hundred & Ten acres, which I bought of John Pettiver & Benjamin Talbot, as may appeare by their Several Deeds or Conveyances, Now upon record in the Registers Office of Pequimans County, and also I likewise, Give, bequeath & Devise unto my said Son, William, and his heirs forever, the land I bought of Robert Wilson, Containing Thirty acres as by the Conveyance may __________________ And I also Give and bequeath unto my Son William, four Negroes, vizt: Sam, Doll, Tamer, and Pasquotank Dinah; a pint Silver Cann, my Silver Snuff box, and Mohogina Desk. Item, I give, bequeath & Devise unto my Daughter, Eliza- beth, and the heirs of her body lawfully Begoten forever; the land & Plantation I bought of Joseph Stewart, Containing Two hundred & thirty Eight Acres, as may Appear by the Patent Thereof Assigned to me by ye said Joseph Stewart, And in the falier of such heirs of my said Daughter, I Give the said land & Plantation unto my Son, Macrora, and his heirs forever. And I also give & bequeath, unto my Daughter, Elizabeth; Three negros, Vizt:, Pompey, Dianna and Margaret, Six Silver Tea Spoons, a creem Spoon, suger Tongs, and a new Straner that came with them. And further my Will is, and I do hereby Order and direct, That in Case any of the Slaves herein Given to any of my Child afsd. Should Happen to Die or otherwise be lost be- fore they be of Age to receive them, That then they shall be made up unto Them Out of the Negros not herein given By Name, and the increase that may hereafter arise from any of the Female Negroes before They are Delivered to them they may belong, So that every Childs part of Negros, May be made as good In Value to them at the Receiving, as they would have been had there not happened any Death or other misfortune to Them as aforeSaide. Item, I Give & Bequeath unto my two Sons, Macrora Scar- brough and William Scarbrough, One hundred pounds Starling Money of Great Britain, Equally to be Divided between Them, And to be Disposed of at the Discretion of my Executors hereafter Mentioned towards purchasing Each of them a piece of good land and for no other use whatsoever. Further to make provision for a good settlement of land for my two sd. Sons, I hereby Order and Impower my Exrs. herein Named if Need shall Require (that is if the land that may Happen to be bought is of greater Value then can be had for the Money here allotted), to Sell the land herein Given to Each of my two said Sons, or so much thereof as may be Sufficient for that purpose. And in Case my Exrs. Should happen to disagree, of Differ in Opinion about the Purchase of the said Land as to place or price of the land to be bought, or that wch may be to be sold, in Such Case It is my Will That they Apply to the Court of Pequimons to appoint three of as Honest & indifferent Men in the Matter, and that is of knowledge & understanding, as they can git in the said County, Whose oppinion of any two of shall be binding on my Exrs. as to that Matter. Item, I Give & bequeath unto the Children of My Cowzen, Mary Atkinson, Twenty pounds Curt. Money of Virginia, or the Value thereof in the Produce of this country, To be paid for and toward Schooling Them of any of them that can git the Opportunity thereof, and no other Use whatever, but In larning them to Read & writing English, and thereby the better to interest them in the principles of the Christian Religion. And it is my Will & Desire there may be all the Care possable takon that That they or________ of them May have this _______ Item, I Give & bequeath unto my Son in law, ____________ my Black walnut Desk, and_________ Case of Five, five pint Bottles now in the house at Pasquotank. And foras Much as the Slaves herein gave unto my two youngest Sons, Macrora & William Scarbrough, are very young and cannot be sufficient for their Edication and bringing up in any Christianlike Manner, Therefore, it is my Will and I do hereby order and Direct That my Melato Fellow Harry, shall be Sold or hired out for Money for their further Support, and that the Dispossion of the Said Slave be under these Restrictions and Directions, That is to Say, in Case the said fellow Can produce the Some of Forty pounds Currant Gold & Silver Money of Virginia, or any friend for him, Then he shall be his Own man, and at his Liberty, But if Neither can be complied with, Then my Exrs. hereafter nam'd, that is the acting ones, are to make Sale of him to any person That will Give fifty pounds of the Currancy Afsd. for him, and if None will do that Then it is my Will for him to be hired out for yearly or Monthly wagers, for So much as can be got for him, Until the Said Sum of fifty pounds afsd. be Accomplished, Then for him to be free and at his liberty, as afsd. And it is my Will and Desire that the money Arising by the sal or wages be applyed to no Other Use then in Schooling & Edi- cating my two Sons, Macrora & William, and for buying them good & useful Books Such as may Instruct them in Larning and the true Principalls of Christionity. Item, I Give and bequeath all the rest of my Estate be it of what Nature, kind or Quality Soever (and not herein be- fore given), To be Equeally Divided amongest my Welbeloved Wife & my four Children, Vizt., Benjamin, Elizabeth, Macrora, & William, And I do hereby order & Desire, and it is my Will, Named In Case Any of my Children afore amed Should Die before they come to Age or Married, that then the Whole part by this my will given be Equally Divided amongest the Sur- vivers of them. And in Case the Several Legacys in this Will given to any of my Children of Negros by Name, Shall Happen not any of them to Die before they be received by them they belong to, so that then there will No Accasion of Makeing any Loss Up, out of the increce as is before Directed, Then it is my will that All Such Increace Shall be Equally Divided amongst my Said Children or the Survivers of them, That shall not be- fore have recaived their Legacys of Negros as afore Said. And furthermore, my Will and Desire is, That upon any Division of my Estate, That part comeing or belonging to either of my two youngest Sons, Macrora or William, That is by Law Deemed perisable and May Grow Much worse in Keeping untill they come of Age; Be appraised on Oath by three honest Men, apointed by Agreement of my Exrs. or Order of Court, and Kept or Sold by the Acting Exrs. who are to acct. and pay the Same according to the apraisement, either in Money or things of the Same Kind & Equall Value in the Judgment of them, under the Same restrictions as aforesaid. And, I Do hereby Nominate, Constitute and appoint my Dear and welbeloved Wife, Elizabeth Scarbrough Executrix, and my welbeloved Son, Benjamin Scarbrough, Macrora Scar- brough, and William Scarbrough, Executors of this my last Will and Testament, And do hereby Revock, Disanul and Make Void, all former Wills and Testaments, by me heretofore Made. But if it shall so happen (which God forbid it Should), That my Wife & Eldest Son, who are most likely to be the acting Exrs. in this my Will, Should quarel, Differ, Disagree, and Suffer the Adversary to Peace to git the Uper hand of them, so that to render their Joynt Acting as Exrs. Ought to do for the Intrust of Every one concerened in the Will, and thereby not to Answer the trust imposed in them, Which in my life I have too offten Sean,_________________ where own Mother & Son as well as other__________ They have Spent great part of their own Intrust as well as that of the orphans & Others no ways Concerned In there Differences, Which, I hope in the God of all Mercy peace & Truth, will not be the Case heare. But if it Should, Then it is my Will and I do hereby Nominate, Constitute & Appoint my loveing Brother, John Scarbrough, my brother in Law, Edmond Hatch, and my friend, William Burgis, Senr., To be overseers or trustees of all that part of my Estate Given by Legace or other ways becoming Due by this my Will to any of my three Children, vizt., Elizabeth, Macrora, & William, as also that Legace Given to the Children of my Cozen, Mary adkinson, Hereby Desireing you my friends, To Accept & take upon you the trust hereby required if ac- casion Shall be, on the bahalf of Orphans and their Estate, According to the true Intent & Meaning of this my Will, Hereby giving & granting unto you all the Power, & Authority So to do as can be Required Either in Law or Equity. In Witness whereof, I the said Macrora Scarbrough, to this my present last will & Testament have set my hand and Seal. This 31st. Day of Jan'ry, Anno Dom., 1752. MA'C. SCARBROUGH (Seal) (Impression of Coat of Arms on Seal) The above writing was Signed, Sealed, Published, Acknowledged & pronounced by the said Mac- rora Scarbrough the day & year aforeSaid, To be and Contain his last Will and Testament, writ with his own hand and Contained within Two Sheets of paper an- nexed togeather with three Seals of black wax and Silk Ferreting, In the Presents of us, who was Desired to Signe as Evidences thereto: WALTER KIPPIN. JOSHUA HOBART. his CORNELIUS X MULLIN mark ROBERT AVERY. MARTHAAN KIPPIN. Nora CAROLINA. Edenhouse, Feby. 18, 1752. This Day Walter Kippin & Cornelius Mullin, two of the Subscribing Evidences to the last Will & Testament of mcRora Scarbrough, late of Perquimons County, Esq., Decd., which is hereunto annexed, personally appeared before me, Gabriel Johnston, Esq., Captain General, Governor & Comander in Chief in & over the sd. Province, & Ordinary of the same, and made Oath that they saw the sd. Mcrora Scarbrough, Sign, Seal & deliver the same as & for his last Will & Testament, and that they saw Joshua Hobart Robert Avery & Martha Ann Kippin, sign as Evi- dences to the said Will. GAB. JOHNSTON. Copied from the Original Will, filed in the Office of the Secretary of State. File at: http://files.usgwarchives.net/nc/perquimans/wills/scarbrou1585wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 17.0 Kb