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Yarborough Wills

1771 4 Mar. WILL OF WILLIAM YARBOROUGH
 IN THE NAME OF GOD, AMEN.  I William Yarbrough, of the County of Prince Edward being now sick and weak in boy but of a perfect sense and memory Do make and ordain this my last will and testament.  First I bequeth [sic] my soul to God who gave it hoping through the merits of my Saviour Jesus Christ to have full pardon and remission of my sins and my body to the earth from whence it came to be burried [sic] in a Christian manner at the discretion of my executors hereafter named.  My desire is that all my just debts be first paid out of my estate and the Remainder I dispose of in form and manner following

 To wit:  I lend to my son James Smith Yarbrough my negro girl Silva and her increase until my son Ossweld Yarbrough comes of age and the said wench and increase to be returned into the estate again.  I give to my son Richard Yarbrough my bed and furniture whereon I commonly lie.  I give to my daughter Elizabeth Yarbrough one feather bed and furniture as she calls hers.  Sukey I also lend to my daughter Elizabeth with her increase during her life and after her death I give the said negro and her increase to be equally divided amongst her said brothers or their heirs.  I give to my won William Yarbrough one feather bed and furniture, also one gun.  My desire is that my son Ossweld Yarborough should have five pounds raised out of my estate, also one gun.  My desire is that my son Joseph Yarbrough should have five pounds raised out of my estate and also one gun, and he remainder part of my estate be it of what nature soever I leave to my executors hereafter named to dispose of as they think proper Towards paying my debts, then my desire is that the remainder part of my estate should be kept together in the most regular form about upon some rented land where my executor thinks most proper untill [sic] such times as my son Ossweld comes of age and till such time my youngest son comes of age to inherit his equal part.  Then I desire my estate should be equally divided between my five sons, James Smith, Richard, William, Ossweld, and Joseph Yarbrough and my daughter Elizabeth Yarbrough and I do appoint my two sons James Smith Yarbrough and Richard Yarbrough executors of this my last will and testament revoking and disannulling all other will or wills by me heretofore made.  As Wittness [sic] my hand and seal this fourth day of March in the year of our Lord Christ one thousand seven hundred and seventy one.
/s/ William Yarbrough

Assigned and pronounced
in presence of us:
Richard Beasley Junr.
Thomas Hughes
Janney Yarbrough

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1811 6 Feb. Will of John Yarborough.
In the name of God Amen. I, John Yarbrough of Person County, North Carolina being of sound & perfect mind & memory but in a low and lingering state of health and knowing that it is appointed for all men once to die do make and ordain this my Last Will & Testament in manner & form following viz:
IMPRIMIS: I recommend my soul to Almighty God who gave it me and my body to the dust from whence it arose to be buried in a decent Christian like manner at the Discretion of my executors herein after named.
Item: I give and bequeath to my son William Yarbrough all that part of parcel of land which lies on the north side of Mays Creek to him and his assigns forever.
Item: My will and desire is that my Executors sell as much of my land which lies adjoining Deep Creek as will be sufficient to pay all my just and lawful debts either at publick or private sale and that the balance or remainder of my lands be equally divided between my 2 sons: John and James Yarborough, share and share alike and my will is further that my beloved wife, Sarah Yarbrough have Peaceable possession of the House & plantation whereon I now live including woodland sufficient adjoining the same to support her during her natural life or widowhood and at her death or marriage to return to my said 2 sons: John and James Yarbrough.
Item: I give and bequeath unto my son John Yarbrough one Black horse colt which is called His to him and his assigns forever.
Item: I give and bequeath unto my son James Yarbrough one sorrel Horse Colt 2 years old next Spring- to him and his assigns forever.
Item: I give and bequeath to my daughter Mary Yarbrough one sorrel Horse called Commet an feather bed & furniture one side saddle, one cow &calf to her  & her assigns forever.
Item: I give and bequeath to my beloved wife Sarah Yarbrough one black horse called Bemas & one feather bed & furniture to her and her assigns forever.
Item: I lend my loving wife Sarah Yarbrough all my stock of cattle & hogs not heretofore given away in this my will during her natural life or widowhood and at her death or marriage to be equally divided between my 6 children (namely) William Yarbrough, Elizabeth Daniel, Catherine Smith, Mary Yarbrough, John Yarbrough and James Yarbrough....share and share alike.
Item: I also lend my wife all my household furniture and kitchen furniture plantation tools every other thing or things not alread mentioned or given away in this my Will during her natural life or widowhood and at her death or marriage to return to my said 6 children above named....share and share alike.
Item: My will & desire is that my crop of Tobacco & which that is now on hand be sold towards the payment of my debts...and I do hereby ordain and appoint my son William Yarbrough and my trusty friend Isaac Satterfield my Executors to this my last will and Testament removing and disannulling all other Wills heretofore made by me and ratifying & confirming this and no other to be my last will and Testament.  In Testimony whereof I have hereunto set my hand and affixed my seal this 6th day of February in the year of our Lord 1811. /s/ John Yarbrough (seal)
Signed Sealed Published and declared by John Yarborough to be his last Will and Testament in the presence of  us.
 Henry Day, James Paine, William Yarbrough.

 State of North Carolina
 Person Co. August Court 1811
 The Execution of this Will was duly proven in Open Court by the Oath of James Paine, esquire a subscribing witness thereto and on motion ordered to be recorded at the same time William Yarbrough and Isaac Satterfield, the Executors therein named qualified & Letters Testamentary issued accordingly.
 1811 Court Minutes of Person Co, NC pg. 12-14.

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1825 29 Aug. WILL OF WILLIAM YARBOROUGH
 In the name of God, Amen.  I William Yarborough Senr. of the County of  Williamson and State of Tennessee being weak of body, but of perfect  sound mind and memory do make this my last will and testament and  dispose of my worldly goods in the following manner.

 Item 1st.  I will that my two sons William P. Yarborough and Richard S.  Yarborough each of them shall have a cow and a feather bed and   furniture.

 Item 2nd.  I will that my son Joseph J. Yarborough have a young sorrel  horse known by being called Joseph's horse, a cow, feather bed and   furniture.

 Item 3d.  I will that my son Brockenbrough M. Yarborough have a   horse, saddle, bridle, a cow, a feather bed & furniture.

 Item 4th.  I give and bequeath to my grand child William Yarborough   West a negro girl named Kizzy in the following manner, said negro to  be kept in the hands of my Executors untill [sic] the sd. grand child   maries [sic] or arrives to the age of twenty one years, when said negro  girl arrives to the age of twelve years the hire of said girl to be   appropriated to the use of schooling and raising said grand child   likewise One hundred Dollars to be raised out of my estate by my   executors within two years after my decease, and put to intrest [sic]   untill [sic] the said grand child marries or arrives to the age of twenty  one years old and theintrest [sic] of said money to be appropriated to  the use of raising and schooling said grand child, and when he marries  or arrives to the age of twenty one years said negro girl and her   increase if any, and the one hundred Dollars to be delivered up to him  for his own use and bennefit [sic], if at any time said grand child should  die before he marries or arrives to the age of twenty one years I will   that said negro Kizzy and her increase and said one hundred Dollars  be equally divided amongst the rest of my legal heirs.

Item 5th.  I will that all of my estate both real and personal remin in the  hands of my beloved wife Leannah Yarborough during her life, or   widowhood to be managed in the best way by her and my executors for  the benefit of said estate not herein disposed of in the following   manner, viz, all my estate not herein disposed of to be sold by my  Executors on a credit of twelve months, and the money arising  therefrom to be divided into six equal shares my son William P.  Yarborough to have one share, my son Richard S. Yarborough to have  one share, my son Joseph J. Yarborough to have one share, my   daughter REBECCA BENNETT to have the benefit of one share during  her natulal life, then to be equally divided amongst the lawfull [sic]   heirs of her body, my daughter Elizabeth Gorham to have the benefit of  one share during her natural life, then to be equally divided amongst  the lawfull [sic] heirs of her body and my son Brockenbrough to have  one share.

 Item 6th.  I will that all the money due me shall be collected by my   Executors and laid out in the purchase of a young negro ofwhatever   age or size it may purchase and to be sold and divided with the rest of  my property in the manner herein before mentioned.

 Item 7th.  I will that if my wife Leannah Yarborough should with the   consent of my executors judge it best to hire out my personal estate or  any part thereof that it be done to the best advantage & further if my   wife Leannah Yarborough with the consent of my Executors at any time  should judge it best to sell  my real estate, thaey may do so & convert  the money arising therefrom into other lands to be dominated a part of  my estate.

 Item 8.  I will that my son Brockenbrough M. Yarborough at the division  of my estate have a negro boy Sam valued to him by two good men if  he should think proper to take him at valuations.

And lastly I constitute and appoint my trusty friend John Thompson, mh  son William P. Yarborough, and mh son Josph J. Yarborough   Executors to this my last will and testament.

 In witness whereof I hereunto set my hand & seal this twenty ninth day  of August one thousand eight hundred and twenty five.

     /s/ Wm. Yarbrough  (SEAL)
 Signed Sealed and Acknowledged )
 in the presence of Alexander   )
 Mibane, Absolom Thompson  )
 Thomas Walton    )

 The State of Tennessee, Williamson County Court, January Term 1826.
 The last will and testament of William Yarborough deceased is   produced in court for probate and the execution thereof is proven thus  Alexander Mibane and Absolom Thompson subscribing witnesses   thereto being sworn say they became sun in the presence and at the   request of the testator and that they believe he was of sound mind at  the making and publication of said will, and under no undue influence.   Ordered that said will be recorded.  Whereupon John Thomspon,   William P. Yarborugh and Joseph J. Yarborough the executors   nominated in said will appear in open court and give bond of five   thousand Dallas conditioned for the faithful discharge of the trust   reposed in them with Ware Henley, Henry Reams and Nathaniel H.   Mibane their securities and were duly sworn according to law.  Ordered  that they have letters testamentary accordingly. Williamson County,   Tennessee Will Book 4, pp 74-75.

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1771 4 Mar. WILL OF WILLIAM YARBOROUGH
IN THE NAME OF GOD, AMEN.  I William Yarbrough, of the County of Prince Edward being now sick and weak in boy but of a perfect sense and memory Do make and ordain this my last will and testament.  First I bequeth [sic] my soul to God who gave it hoping through the merits of my Saviour Jesus Christ to have full pardon and remission of my sins and my body to the earth from whence it came to be burried [sic] in a Christian manner at the discretion of my executors hereafter named.  My desire is that all my just debts be first paid out of my estate and the Remainder I dispose of in form and manner following

To wit:  I lend to my son James Smith Yarbrough my negro girl Silva and her increase until my son Ossweld Yarbrough comes of age and the said wench and increase to be returned into the estate again.  I give to my son Richard Yarbrough my bed and furniture whereon I commonly lie.  I give to my daughter Elizabeth Yarbrough one feather bed and furniture as she calls hers.  Sukey I also lend to my daughter Elizabeth with her increase during her life and after her death I give the said negro and her increase to be equally divided amongst her said brothers or their heirs.  I give to my son William Yarbrough one feather bed and furniture, also one gun.  My desire is that my son Ossweld Yarborough should have five pounds raised out of my estate, also one gun.  My desire is that my son Joseph Yarbrough should have five pounds raised out of my estate and also one gun, and he remainder part of my estate be it of what nature soever I leave to my executors hereafter named to dispose of as they think proper Towards paying my debts, then my desire is that the remainder part of my estate should be kept together in the most regular form about upon some rented land where my executor thinks most proper untill [sic] such times as my son Ossweld comes of age and till such time my youngest son comes of age to inherit his equal part.  Then I desire my estate should be equally divided between my five sons, James Smith, Richard, William, Ossweld, and Joseph Yarbrough and my daughter Elizabeth Yarbrough and I do appoint my two sons James Smith Yarbrough and Richard Yarbrough executors of this my last will and testament revoking and disannulling all other will or wills by me heretofore made.  As Wittness [sic] my hand and seal this fourth day of March in the year of our Lord Christ one thousand seven hundred and seventy one.
/s/ William Yarbrough

Assigned and pronounced
in presence of us:
Richard Beasley Junr.
Thomas Hughes
Janney Yarbrough

Back to Yarborough Generation 2

1827 10 May. Will of Joseph Yarbrough.
 I Joseph Yarbrough make and ordain this to be my Last Will and Testament in manner and form following (to wit) in the first place my will and desire is that all my just debts be paid.  Item:  I give to my son Richard Yarbrough, Nancy H. Knight, Polly A. Hardy and Martha Ellington property which they have now in possession, and which to be accounted for as charged in my bookes [sic] at the value the time as each of them received the same.  I also give my daughter Fanny F. Yarbrough and Joseph Yarbrough the same proportion of property when either of them or both marrys [sic] or come of lawful age or leave my family; my daughter Sally B. Holmes I give one shilling provided she does not come into the measure of my other children (to wit) Richard, Polly, Fanny, Martha, Nancy P. Knight and my son Joseph, in a deed of trust so as to secure the free right and privilege to my present wife and children to remain upon and hold free from any interruption during her life or widowhood upon that part of the land inherited from their Mother Temperance Yarboro and should the said Sally B. Holmes make any attempt to dispossess or endeavour to draw her part in the life time or widowhood of my said wife, she shall not be entitled to any part of my estate, and should my said daughter Sally B. Holmes obtain a decree to draw her part of the aforesaid land, I wish y executors to purchase the same for the benefit of my wife and children, and should my said daughter Sally B. Holmes sign and acknowledge the aforesaid trust deed in that case I wish her to have an equal part given her as those of her brothers and sisters which I have advanced to.  If the one half of the mill is decreed to be sold, I wish my executors to purchase the same as part of my estate. My will and desire is that after the death or intermarriage of my wife, in that case I wish an equal division of the whole of my Estate real and personal to be equally divided among all my children including the first set as well as those by my present wife taking into account the amount of what my first set of children may receive or inherit from their grand Father and Mother, which said amount is to be charged to them as is valued when received.  My desire & meaning is that all my children both from my first and second wife shall be mae equal including what my first set of children may receive from my Estate including my second set of children by my present wife both as to what they may receive so as to be equal.  My will & desire is that all my estate be kept together after giving off those specific legacies and when either of my Children by my first or second wife marries or leaves my family, I wish them to have an advance given them as those of my first wife's children who have left me and upon the same terms.  Lastly I appoint my beloved wife Polly Yarbrough, John W. Yarbrough and David Street the Elder to be my executors of this my last will and testament and desire my executor David Street would take the burden of my business upon himself until all my business are finally settled after which I wish him to give up the ballance [sic] wife and son John W. Yarbrough and wish they may not be held to give security.  Given under my hand & Seal this tenth day of May in the year 1827.
/s/ Joseph Yarbrough

NB  As my son Joseph is named and I have hired a negro for him for two years past, he has no charge against my estate for his specific legacey [sic] until next January 1828.

My meaning in the above will is that the land my first children inherits is to be made a part of my personal estate so as to have an equal division including all the property of mine and that they inherit from their mother and Grandfather and Grand mother and if after the death of my wife, if the legatees chooses to sell the whole of my lands and that inherited by their mother Grand Father & Mother they may do so, without dividing in parts.  Given under my hand and seal this 10 May 1827.  /s/ Jos. Yarbrough

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Abstracts of Warren Co., NC. Records of Wills - Book  7
Page 5 - (A) Will of William Yarbrough. 25 July 1793; Codicil 3 Sept.;
pr. Nov. Ct. 1793.
Minor Children:WILLIAM,  JOEL,  REBECCA & HULDAH
Son Samuel;
Dtr.  Rhoda;
Grandson Edmond;
Granddaughter- Nancy Person.
Executors: Friends-Joseph Jno. Williams, Sterling Harwell &
brother-in-law John Mitchell.
Wit: Peter  Randolph (Randall), Jurat, Samuel Morris, Jurat & Peter Randall, Jr. Wit: toCodicil: Gid Alston & John James (Jones?).

State of Carolina
In the name of God Amen, This 25th day of July in the year of our lord 1793, I William Yarbrough of the County of Warren being at this time weak of body but of sound and disposing memory thanks be to almighty God for the  same but calling to mind it being appointed for man to die and not knowing how soon my change may come do ordain this my last will  and testament first resighing my soul into the hands of God who gave it me humbly hoping for mercy and to be received into the number of blessed through the merits and intersession of Jesus Christ the righteous and dear redeemer and for my mortal body, I desire may be committed to the earth and buried in christian and decent manner at the descretion of my executors hereafter to be named and as for my worldly estate the blessed lord has been pleased to bestow upon me.
I will and devise in manner and from following first that my just debts be honorably paid and funeral expenses discharged, I will that my negroes with all my other estate of every kind except such things as I shall hereafter particularly give away be kept together and remain as it now stands on my lands and my plantations I now live on for the use of supporting, maintaining and Educating my four children namely; William,Joel, Rebecca, and Huldad Yarbrough under the care and direction of my executors until my son  William  shall arrive to the age of twenty one years, then I will that my executors, or either of them  chose three good reputable freeholders them thus chosen shall value and appraise my  negroes and their increase and all my other estate and profits arising which shall then be my executors or either of them with the said freeholders shall alot one equal share there of in a fair manner to my son William with my other three children namely  Joel, Rebecca, and Huldah Yarbrough and such negroes and other thus alloted to my said son William  I then give to him and his heirs after my son William receives his share thus laid off to him I will that the residue then remaining be still continued on together and my lands and  plantations aforesaid for the use and supporting all of my three children namely Joel,  Rebecca and Huldah  Yarbrough in manner before mentioned until my son  Joel attain the age of twenty- one then I give the whole residue estate of negroes and their increase and  other estate and profits arising which shall then be equally divided between them my son  Joel, Rebecca and Huldah Yarbrough in the same manner as the division  made for my son  William such estate thus divided and allotted them I give each one of them such allotted  negroe and other estate to them and their heirs in case that either of before mentioned  children die before they arrive at the age of twenty-one years or have lawful issue of their  body then I will the surviving one or ones of them divide equally among them. Such  estate of such one or ones of them so dying, I give unto my beloved son William, when  my son Joel amount to age of twenty-one years, all my lands including my Plantation  which I hold and possess on the north side of Melton's creek together with all that part of  my lands on the south side of said creek including the following (to wit) begining on the said south side of Melton's creek begining at my bridge  where my path crosses the same ? to Halifax road then running along where
the said path as it directs to the said road until it forks thence along the left hand fork through Hauses old field to the said road then a direct line crossing the said road to the head of the lick branch to a blackjack a corner between myself and Joseph J. Williams then along the said Williams line to Melton's creek thence up the meadow of said creek to the begining I give
my said son William my large gun, to him and his heirs in case my son William dies before he arrives at the age of twenty-one years or lawful issue of his body then in that case I give my son William lands divested to him to my son Joel and his heirs. I give unto my beloved son Joel Yarbrough when he shall attain to the age of twenty-one years all the residue of lands which I hold in Warren County on the south side of Melton's Creek and not given to son William. I also give to my son Joel my small gun to him and his heirs in case my said son Joel dies before he arrives at the age of twenty-one years or have lawful issue of his body then and in that case, I give my son William the lands divided to my son Joel to him and his heirs. I give unto my beloved son Samuel Yarbrough my negroe wench Pati with her increase at present and future increase what negroes here of are possed my said son Samuel with to him and his heirs I give unto my beloved daughter  Rhody Yarbrough my negro girl Sarah with her future increase one feather bed and furniture one side saddle with one cow and calf to her and her heirs I give unto my beloved  grand-son Edmond Harper my negroe girl Lucy and her increase to him and his heirs in case my said grand-son Edmond Harper should die before he arrived to the age of twenty-one or have lawful issue of his body then I give said negro Lucy and her increase to be equally divided among my then living children and their heirs. I give unto my beloved grand-daughter Nancy Person my negro girl Winnah and her increase to her and heirs in as such grand-daughter should die before she should arrive to age twenty-one years or have lawful isse of her body then I will the said negro Winnah and her increase be equally divided to and amongest my then living children and their heirs. I do Nominate and appoint my trusty friends Joseph M. Williams, Sterling
Harwell and my brother in law John Mitchell my whole and sole executors of this my last will and testament written by revoking and disannulling all other will or wills made by me in witness where of I have here to set my hand and seal.

Signed Sealed and Delivered                    William Yarbrough (seal)
in presence of Peter Randall
Samuel Morris
Peter Randall Jr.
Item, I give my son Joel Yarbrough in addition to the legacy before within given him twenty pounds Virginia money for the purpose of leviling him a house as witness my  hand this the  3rd day of September 1793.
William Yarbrough    (seal)
signed and delivered in the presence of:
Gid Austin
John James

Warren County November Court 1793-This will was proved by the oaths of Peter Randall  and Samuel Morris and ordered to be recored where upon Sterling Harwell one of the executors named in said will qualified accordingly. State of North Carolina I Edwin Drake clerk of the court of pleas of quarter sessions for the county of Warren in the state aforesaid do here by certify that the foregoing and with in contains a true copy of the last  will and testament of William Yarbrough Decd. late of this county as recorded in my office in Book volume 7th(?) page 5 in testimony where of I have hereunto set my hand and affixed the legal of office at office in Warrenton this 19th day of September. A D 1836. E. D. Drake clerk.This document was sent to Sumner County, Tn. and was introduced as evidence in the April Term 1838.  Edmond Harper vs John Parkers & All

 Joel Yarbrough is apprenticed to Edward Newell on August 27, 1795 'to learn planter's buisness.

 Sterling Harwell was assigned guardianship of Huldah (Huldy) Yarbrough and Joel Yarbrough on November 29, 1797.

Guardianship of Rebecca (Reba. Yarbro) Yarbrough was assigned to Jos. Jno. Williams on November 30, 1797.

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1820 29 Jan. Will of Samuel Yarbrough, Sr.   Proven June Term 1820
 I, Samuel Yarbrough, Sr. of Person Co, NC. being weak but of perfect mind and memory do make and ordain this my last will and testament in manner following to wit:
Item:I give and bequeath to my daughter Alisey Allin these negroes named as follows: Rose, Fanny, Harry, Litie, Cheare and Julia at the Death of my wife one negro fellow by the name of Lewis also part of a tract of land I now live on beginning the devission line at John Yarbrough's corner on the blackberry Branch running across the said branch and Creek to Clayton's line to have all the said land south of the Creek and branch at the Death of my wife.
Item: I give and bequeath to my daughter Susannah Michell these negroes named as follows: Homer, Hardy, and Patience and at the death of my wife all the land lying north and west of the above branch and Creek.  I also lend to Susanah Michell at the decease of my wife one negro girl during her life by the name of Luck and the said girl I give and bequeath to Yarbrough Michell at his mother's death. I also give to Yarbrough Michell one track of land lying on the head of Mayo containing by estimation 100 acres which is land I bought of John Clayton.
Item: I give and bequeath to my only son, Samuel H. Yarbrough the negroes named as follows: Phil, Isaac,  Cate, Jean, Ellison, Simon and Lottebob and at the Death of my wife I give him one negro girl by the name of Nancy.
 Item: I give and bequeath to my loving wife Alsey Yarbrough these negroes named as follows: Bob, Cate, Crease and Joe.  I lend to my wife the land I now live on during her life and also lend her 3 negroes named as follows: Lewis, Luck and Nancy during her life.  I give and bequeath to my wife all the Corn fodder, wheate, and tobacco and all the plantation tools and stock of every kind, household and kitchen furniture.  I appoint my loving wife and Samuel H. Yarbrough as Executors to this my last will and testament.
 In witness my hand and seal this 29th day of January 1820
/s/ Samuel Yarbrough (SEAL)
Attest:
Danell Clayton}
John Yarbrough }   Juratt     Person Co, NC Record Book 8, p. 328:
 

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