Last Will and Testament of A.R. Scarborough
Probated May 8th 1889
Recorded May 8th 1889

The State of Alabama, Sumter County
  In the name of God Amen..

I, Abner R. Scarborough of the above State and County, being of sound mind and of good memory, do make public and do declair this to be my last will and testament hereby revoking all others by me previously made.

Item 1. It is my will and desire that my son James T. Scarborough have fifteen hundred (1500) Dollars in cash from my estate. And then my daughter Alice G. Hawkins have fifteen hundred (1500) Dollars in cash from my estate. As I have given my daughter Ann C. Hawkins fifteen hundred (1500) Dollars worth of land. And I have given my son John M. Scar borough fifteen hundred (1500) Dollars worth of land. And have given my son William H. Scarborough fifteen hundred (1500) Dollars worth of land.

Item 2. I now bequeath all of my property both real and personal of which I may be seized and possessed to my three children vis My daughter Mary E. Hoit, My son Abner P. Scarborough and my son Andrew G. Scarborough.

Item 3. It is my will and desire if I should die before James T. Scarborough and Alice G. Hawkins receive the amount named in item first and any other debts that may be against my estate that Abner P. Scarborough and Andrew G. Scar- borough take full control of the farm without giving bond or security, and from making any inventory, or settlement with any court. In the executing of this will by supporting Mary E. Hoit and her children and Maranda A. Gibbons from the proceeds of the farm and its clear (next page – Will book 3, p. 188) proceeds pay over each year until they have paid the last claim against my estate

Item 4. It is my will and desire that Abner P. Scarborough and Andrew G. Scarborough have one half of the public gin known as the Morris gin house; one half of the gin, feeder, condenser mill, belt, engine and boiler and screw as the other half belongs to my son William H. Scarborough and the acre of land the gin and screw stands on, be used as a partnership property, as long as the patnership exist, but should the copartnership cease, then the acre of land on which the above named prop- erty stands shall belong to Abner P. Scarborough and Andrew G. Scarborough. All named in this item is given as a poor reward for extra services that my sons Abner P. Scarborough and Andrew G. Scarborough may have to render or pay what my estate may owe at my death.

Item 5. It is my will and desire, that when Abner P. Scarborough and Andrew G. Scarborough shall have paid all claims against my estate that they divide the land in three equal shares and give the share on which the dwelling stands to Mary E. Hoit, so she can have a home for herself and children and Maranda A. Gibbons and my wish is that my sons Porter and Andrew, see that she is taken care of as long as she lives, as a reward for having staid with us from wife and your mothers death.

Item 6. I hereby appoint my two sons Abner P. Scarborough and Andrew G. Scarborough executors of this my last will and testament. In testimony of all of which I have hereunto set my hand and seal to the foregoing as my last will and this the 27 day of August A.D. 1887.

A. R. Scarborough

Witness
W. P. Brewer

The State of Alabama
Sumter County
Personally appeared before me, W. R. Deloach, Judge of Probate in and for said county and State; W. P. Brewer and J. T. Hawkins, the sub- scribing witnesses to the foregoing instrument, to me personally known, who being duly sworn according to the law, depose and say that A.

(next page – Will Book 3, p.189) R. Scarborough whose name is signed to the said instrument, while of sound and disposing mind and memory, and an inhabitants of said County and State, signed, published and declared the said instrument to be his last will and testament on the 27th day of August 1887, in their presence; that affiants attested the same as witnesses in the presence and at the request of said testator, ad in the presence of each other severally on the day the same bears date, and that said testator, at the time of signing the said instrument, was over the age of twenty-one years.

Sworn to and subscribed before me, W. P. Brewer this 8th day of May, A.D. 1889. J. T. Hawkins W.R. DeLoach, Judge of Probate

Sumter County, Alabama
Book A, pp. 174-178
Microfilm Roll #146

Estate of AR Scarborough
Petition for Probate of the Will
The State of Alabama Probate Court
Sumter County

Petition of Abner P. Scarborough and Andrew G. Scarborough for the Probate of the Will of Abner R Scarborough deceased. To the Hon. W.R. DeLoach Judge Probate Court. Sumter County: The petition of the undersigned A.P. and A.G. Scarborough respectfully represents unto your Honor that A. R. Scarborough who was at the time of his death an inhabitant of this County departed this life at his home on or about the 10th day of July 1888, leaving assets in this state and leaving a last Will and Testament duly signed and published by him and attested by W. P. Brewer and J T Hawkins. That your petitioners, as they verily believe are named in said Will as executors and do now herewith surrender said Will to the Court.
and pray that after proper proceedings and proofs, it may be probated and admitted to record as the true last Will and Testament of said deceased. Your petitioners further represents that the deceased left no widow and that the names,

(next page Book A, p. 175) ages, residence and condition of the next of kin are as follows to–wit: as shown by paper hereto annexed marked Exhibit A." Your petitioners would further represent that W P Brewer and J T Hawkins the said attesting witnesses, reside near Livingston in said state and county, be summoned to make the proofs, and therefore further prays, that your Honor will give the necessary notice to the said next of Kin, and take such action and make such orders and decrees, as may seem meet & c.

The State of Alabama
Sumter County
AP Scarborough and AG Scarborough being duly sworn, deposes and says that the facts alleged in the above petition are true, according to the best of their Knowledge, information and belief.

AP Scarborough

AG Scarborough

Subscribed and sworn to me, this 6th day of April 1889

WR DeLoach Judge Probate
Court Sumter County

 

SCARBOROUGH
Sumter County, Alabama
Book A, pp. 174-178
Microfilm Roll # 146
Exhibit A

List of heirs and net of Kin of Abner R. Scarborough deceased, with their places of residence, ages, and conditions

1st Ann C Hawkins, wife of John T. Hawkins, over Twenty-one years of age, and resides in Sumter County, Alabama. A daughter.

2nd John M Scarborough , Adult son, who resides at Dresden, Navaro County , Texas

3rd Mary E. Hoit, a widowed daughter, over the age of twenty-one, Sumter County, Alabama.

4th James T. Scarborough, an adult son. Corsicana, Navaro County, Texas.

5th Alice G Hawkins, wife of William H. Hawkins an adult daughter, who resides with her said husband in Sumter County, Alabama.

6th William H Scarborough, an adult son who resides in Sumter County, Alabama.

(next page, Book A, p. 176)

7th Abner P. Scarborough, an adult son who resides in Sumter County, Alabama.

8th Andrew P. Scarborough, an adult son, who resides in Sumter County, Alabama.

All of above mentioned parties are of sound mind.

 

SCARBOROUGH
Sumter County, Alabama
Book A, pp. 174-178
Microfilm Roll #146

Estate of Probate Court, Sumter County, Alabama

AR Scarborough Spring term Continued

April 6th 1889

This day came Abner P Scarborough and Andrew G Scarborough, and filed a petition in writing, and under oath praying this court for an order admitting to probate and record, a certain instrument of writing, herewith surrenderd to the court, purporting to be the last will and testament of Abner R. Scarborough deceased.

And it appearing to the satisfaction of the Court that said Abner R Scarborough was an inhabitant of this County at the time of his death, and that he died leaving assets therein: It is, therefore, ordered and decreed by the court, that Wednesday the 8th day of May 1889, and the proof may be submitted in support of the same. And it appearing to the Court from our inspection of said petition, that petitioners are sons of said deceased: that said decedent left six children him surviving, besides petitioners, Viz: Ann C Hawkins, wife of John T Hawkins, over twenty-one years of age, and resides in Sumter County, Alabama; Alice G Hawkins, wife of Wm H Hawkins, an adult daughter who resides in Sumter County Alabama; Mary E Hoit, widowed daughter, over the age of twenty-one years, and resides in Sumter County Alabama; William H. Scarborough an adult son, who resides in Sumter County Alabama; John M Scarborough, an adult son, who resides in Dresden, Navaro County Texas, and James T.
Scarborough, an adult son, Corsicana, Navaro County Texas. It is, therefore, ordered by the court, notice of he filing of said petition and of the day appointed for hearing and determining the same, be given to the resident next of Kin by citation personally served upon each of the, at least ten days before the day set for said hearing, and that the non-resident net of Kin have notice of the same, by publication in the Livingston Journal, a weekly newspaper published in said County for three successive

(next page, Book A, p. 177)

weeks before the day appointed for said hearing. And it further appearing to the court, from an inspection of said petition, that WP Brewer and John T. Hawkins, were the subscribing witnesses to said paper, purporting to be the last will and testament of Abner R Scarborough, deceased; It is, therefore, ordered by the court, that subpoenas issue to the said W.P. Brewer and John T. Hawkins to be and appear before this Court, on said 8th day of May,1889, then and there to give evidence in relation to the execution thereof

 

SCARBOROUGH
Sumter County, Alabama
Book A, pp. 174-178
Microfilm Roll #146

Estate of Probate Court, Sumter County, Alabama

AR Scarborough, Decd Special Term Continued, May 8th 1889 This being the day appointed to hear and determine the petition to probate the paper, purporting to be the last will and testament of AR Scarborough deceased, which was propounded by A. P. Scarborough and A. G. Scarborough, the executors therein named; And it appearing to the satisfaction of the Court, that notice of the filing of said petition, and of the time appointed for hearing the same, has been given in pursuance of law, and in accordance with the former-order of this Court, made and entered in the premises on the 6th day of April 1889. by publication in the Livingston Journal a weekly newspaper published, in said County, continued for three successive weeks, and by citation personally served as directed by said former order; and the said A. P. and A. G. Sarborough being now
present in Court in person and by attorney, the Court now proceeds to hear and determine the testimony of the subscribing witness, Viz: WP Brewer and JT Hawkins who being duly sworn, depose and say, that they respectively signed the said instrument purporting to be the last will and testament of said decedent, and which writing is now shown to them, on the day of the date thereof, in the presence of testator, and at his request, as subscribing witnesses to the same, the said testator then declaring that said instrument constituted his last will and testament; And it being shown by proof which is satisfactory to the Court, that said testator was of the full age of twenty-one years and upwards at the time of making said will; and that he was of sound and disposing mind and memory, and fully capable of making said will, and an inhabitant of said County and state:

(next page, Book A, p. 178)

It is therefore, upon full hearing, considered by the court, that said will was duly executed as the law directs; And it is ordered and decreed by the Court, that the same be, and hereby is, admitted to probate, and established, as the last will and testament of Abner R Scarborough, late deceased of said County. and that the said will, together with the testimony of the said subscribing witnesses, as reduced to writing and subscribed by them, be recorded in the book provided and kept for that purpose. It is further ordered that said will be endorsed with the proper certificate of probate, proof and recording, as provided by section 1983 of the Code of Alabama.

And it appearing to the Court that said petitioners named as Executors were so appointed by said decedent in said will, it is therefore, ordered by the Court, that Letters Testamentory issue to them, the said AP Scarborough and AG Scarborough