Source: Warren County, North Carolina
Will Book 7, Page 5 - (A)
State of North Carolina
In the name of God Amen.
This 25th day of July in the year of our Lord one thousand seven hundred and ninety three, I William Yarbrough of the County of Warren being at this time but weak of body, but of sound and disposing mind & 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 resigning 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 discretion 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 form 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 land and plantation I now live on for the use of supporting, maintaining and educating my four children namely; William, Joel, Rebecca, and Huldah 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 choose three good reputable freeholders, then thus chosen shall value and appraise my negroes and their increase and all my other estate and profits arising which shall then be, and my executors or either of them with the said freeholders shall allot one equal share thereof in a fair manner to my son William with my other three children namely Joel, Rebecca, and Huldah Yarbrough and such negroe or negroes and other estate thus allotted 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 land and plantation 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 shall attain to the age of twenty one, then I give the whole residue estate & negroes and their increase and other estate and profits arising which shall then to 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 the case that either of the 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 arrives to age of twenty-one years) all my land 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 the said creek, included in the following bounds to wit; Beginning on the said South side of Melton's Creek, beginning at my bridge where my path crosses the same leading 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 house and 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 John Williams, then along the said Williams line to Melton's Creek; thence up the meadors of the said creek to the beginning. I give my said son William my large gun, to him and his heirs. In case my said son William dies before he arrives at the age of twenty-one years or have lawful issue of his body, then in that case I give my son William's land devised 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 land which I hold in Warren County on the South side of Melton's Creek (and not given my 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, 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 present and future increase what negroes here of are possessed my said son Samuel with to him and his heirs.
I give unto my beloved daughter Rhodah 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 arrives 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 amongest 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 her heirs. If my said grand-daughter should die before she should arrives to the age of twenty one years or have lawful issue 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 utterly revoking and disannulling all other will or wills made by me in witness whereof I have hereunto set my hand and seal. William Yarbrough (Seal)
Signed, sealed and delivered in presence of :
Peter Randall, Jurat
Samuel Morris, Jurat
Peter (his mark) 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 building him a house. As witness my hand this the 3rd day of September 1793. W. Yarbrough (Seal)
Signed and delivered in the presence of:
Gid. Alston, Jurat
Warren County November Court 1793 - This will was proved by the oath of Peter Randolph and Samuel Morris and ordered to be recorded. Whereupon Sterling Harwell one of the executors named in said will qualified accordingly. Test, M. Duke Johnson, Clerk
*This document was sent to Sumner County, Tennessee and was introduced as evidence in the April Term 1838. Edmond Harper vs John Parkers & All.
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 within contains a true copy of the last will and testament of William Yarbrough, deceased late of this county as recorded in my office in Book volume 7, page 5 (A) in testimony whereof I have hereunto set my hand and affixed the legal seal at office in Warrenton this 19th day of September. A D 1836. E. D. Drake, Clerk.