Dare County Wills
North Carolina}
Dare County }
I , John A. Scarborough of the County & State aforesaid being of sound mind and memory but considering the uncertainty of my earthly existence do make and declare this my last Will and Testament in manner and form following, that is to say, First that my oldest son Melville J. Scarborough shall provide my body a decent burial and pay all funeral expenses together with my just debts howsoever and to whomsoever owing out of the money’s that first come unto his hands as a part or parcel of my estate.Item. I give and devise to my oldest son Melville J. Scarborough, Twenty five acres of in the Center of the Seventy five acre tract upon which I live to have and to hold to him and his heirs in fee simple forever. I also give and devise to the said Melville J. Scarborough one house and land whereon Bannister S. Casey now lives, but on this Special Consideration. That if the said Bannister S. Casey shall well and truly pay to the said Melville J. Scarborough all that he owes me for which said house and land were given as Security and the Cost Connected therewith on or before the 15th day of January A.D. 1885 then he shall retain said house and land, otherwise the said Melville J. Scarborough shall have and hold the same to him and his heirs in fee simple forever.
Item. I give and devise to my Second son Randolph Scarborough twenty five acres of land on the Easterly end of the aforesaid Seventy five acre tract to him and his heirs in fee simple forever.
Item. I give and devise to my youngest son Homer W. Scarborough twenty five acres of land on the Westerly end of the aforesaid tract of Seventy five acres together with the dwelling house thereon and in which I now live and all the improvements thereto belonging to have and to hold to him and his heirs in fee simple forever.
Item. I give and devise to each of my three sons a one third part in my schooner boat called the “Melville” but my oldest son Melville J. Scarborough shall have the Exclusive management of said boat until the two Youngest sons are each 16 years of age and he shall apply whatever may be necessary of what is realized from said boat in Keeping her in sapains? and should there be any surplus he shall hold each one’s share of the same until each arrives at the age of 16 years when he shall pay it over to them.
Item. I give and devise to each of any three Sons a one third part in my store and mercantile business, but my oldest son Melville J. Scarborough shall have the exclusive management of said store and business until the two younger sons are each 16 years of age where each shall take charge of his own part and receive from the said Melville J. Scarborough his equal share of the dividends derived from said store and business to that time.
Item. I give and devise to my oldest Son Melville J. Scarborough one hundred and ninety dollars in cash, one Black Mare, one horse called Clipper all my hogs, and one third part of all my Cattle and household and kitchen furniture to be his and at his disposal absolutely forever.
Item. I give and devise to my second Son Randolph Scarborough one hundred and ninety dollars in cash one mare called Ellen and one third part in all my cattle and household and Kitchen furniture to him and his personal representative forever.
Item. I give and devise to my youngest son Homer W. Scarborough one hundred and ninety Dollars in Cash, one colt and one third part of all my Cattle and household and kitchen furniture to him and his personal representative forever.
Item. My will and desire is that all the residue of my estate (if any) shall be equally divided between my three sons share and share alike to them and each and every of them their executors, administrators, and assigns absolutely forever.
Item. And whereas my two youngest sons Randolph Scarborough and Homer W. Scarborough are minors: now therefore my will and desire is that my eldest son Melville J. Scarborough is hereby appointed and constituted Guardian of these my two children to have and to hold the custody and Guardianship both of their respecting persons and estates until they the said Randolph Scarborough and Homer W. Scarborough shall Severally arrive at the full age of twenty one years.
And lastly I do hereby constitute and appoint my oldest son Melville J. Scarborough My lawful executor to all interest and purposes to execute this my last will and testament according to the time interest and meaning of the same and every part and clause thereof hereby revoking and declaring utterly void all other wills and testaments by me hereto fore made.
In witness whereof I the said John A. Scarborough do hereunto set my hand and Seal this 6th day of December A.D. 1884.
/s/ John A. Scarborough (Seal)Signed sealed published and declared by the said John A. Scarborough to be his last will and testament in the presence of us who at his request and in his presence do subscribe our names as Witnesses thereunto.
F. J. Rolinson
E. H. Riggs
State of North Carolina} S.S. In the Superior Court
Dare County }
A paper purporting to be the Last Will and Testament of John A. Scarborough deceased is exhibited before me the undersigned Clerk of Court for said County by F. J. Rolinson and E. H. Riggs witnesses thereto and the due execution thereof by the said John A. Scarborough by the Oath and Examination of F. J. Rolinson and E. H. Riggs the Subscribing Witnesses thereto: who being duly sworn doth depose and say and each for himself deposeth and saith, that he is a subscribing witness to the paper-writing now shown him, purporting to be the last will and Testament of John A. Scarborough, that the said John A. Scarborough in the presence of this deponents Subscribed his name at the end of Said paper writing which now shown as afore said and which bears date of the 6th day of December 1884.
And the deponents further saith that the said John A. Scarborough the testator aforesaid did at the time of Subscribing his name as aforesaid declare the said paper writing subscribed by him and exhibited to be his Last will and Testament and the deponent did thereupon subscribe his name at the end of said will as an attesting witness thereto and at the request and in the presence of the said Testator and these deponents further saith that at the said time when the said testator subscribed his name to the said last will as aforesaid and at the time of deponents subscribing his name as an attesting witness thereunto as aforesaid the said John A. Scarborough was of sound mind and memory of full age to execute a will, and was not under any restraint to the Knowledge, information or belief of the deponents: And further these deponents say not.
F J Rolinson
E H RiggsSeverally Sworn and subscribed this 2nd day of January 1888 before me.
John W. Evans
Clerk Superior Court
Source: Dare Co., N.C. Record of Accts. (1870-1902); pg. 322; Microfilm #C.031.50001
An account of sales of personal property of John A. Scarborough, dec'd., sold at his late residence on Dec. 15, 1888 by E.H. Riggs, adm'r. (partial listing)
part of barrel of molasses J.C. Midgett $ 7.00 1 lot soap Wesley Austin .15 worm killer R.W. Midgett .90 1 box pepper W.R. Jennett .20 1 set scales Urias Oneal 2.00 sundries Jerry Tolson .12 kegs Wm. Scarborough .05 1 bed Eula Scarborough 5.00 bed stead P.E. Foster 1.75 clock Daily O'Neal 3.00 sundries E.S. Midgett .10 cow & calf C.K. Hooper 7.50 steer Aaron O'Neal 14.00 small bull T.J. Fulcher 8.50 Total sale amounted to $616.58. Source: Dare Co., N.C. Record of Accts. (1870-1902); pg. 332; Microfilm #C.031.50001
An account of sales of a supplemental sale of the estate of John A. Scarborough, dec'd., sold Jan. 22, 1890 by E.H. Riggs, adm'r. (partial list)
"Wesley's Notes" B.A. Jennett $ .10 Cales Concordance E.H. Riggs .06 1 lot books J.D. Sawyer .05 1 Bible Randolph Scarborough .05 1 lot sundries Kit Midgett .05 1 hog R.W. Midgett 3.00 Total sale amounted to $17.67 Source: Dare Co., N.C. Record of Accts. (1870-1902); pg. 342; Microfilm #C.031.50001
John W. Evans, Clerk of Superior Court, in account with the heir-at-law of John A. Scharborough
Sept. 23, 1890 - names Eulala Scarborough, Randolph & Homer W. Scarborough
Nov. 6, 1890 - paid $44.38 to Eula Scarborough, now Eulala Simpson, her partNOTE:
John A. Scarborough was born c1833 on Hatteras Banks. According to his Civil War record he was 5'10" tall, had a light complexion and light hair and blue eyes. He was first married to Amelia (last name unk.) and they had Melville J. Scarborough on March 1, 1867. Melville married Eulalia Jennette but he died on Sept. 2, 1887 and she married Amasa Jones Simpson on Feb. 16, 1890.
John's second marriage occurred on Mar. 9, 1876 to Mary D. Farrow and by her he had Randolph Bucky Scarborough (1877-????), Annie Scarborough (1879-1880), and Homer W. Scarborough (born before 1884).]
This will was transcribed by Marla Beasley. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information.
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