Will Record of James Scott

Contributed by Paul Adcox

WILL RECORD OF JAMES SCOTT
Holmes County, Mississippi
Will Book 1, page 72, 73, 74
Contributed by Paul Adcox
Be it remember at a Probate Court begun and held for the County of Holmes at the Courthouse thereof in the first Monday of June 1847.
The following instrument of entry was proven in open court by the oaths of John M. Waskom and Leslemus I. Taylor as the last will and testament of James Scott late of said county deceased was ordered to be entered to Probate and ordered to be recorded in the words and figures following to wit.
I, James Scott of the County of Holmes and state of Mississippi being aged and infirm but of sound and despising mind and memory do make constitute and ordain this my last will and testament hereby seeking and making void all other wills by me heretofore made and thus my true and only last will and testament I make and publish.
First I will and desire that all my just debts and funeral expenses be first paid out of my estate by my executors herein after appointed.
2 Bequest I will and bequeath to my son John Scott as follows my lot of Blacksmiths tools and shop one threshing machine and on half of all my Farming tools and utensils of every kind and description now on my plantation and one half of all my Carpenter's tools also two mules and one horse and one Big mule called Jack, the horse known as the Jim horse also one half of all my stock of cattle hogs sheep and goats and fouls of every description also one half of all my Kitchen furniture china cookery, and slop ware knives and forks and table furniture also one spinning machine/spinning wheel, two beds bedsteads and furniture one walnut side board one half of all my chairs one horse wagon and harness one half of all my tables one yoke of oxen one large family Bible and one half of all my other books.
I also give and bequeath to my said son John Scott the following Negro slaves for life to wit; Amy, Mary Rachel, Eliza Washington, Eve, Ezekiel, Dave and Amos, I also will that my said son John Scott shall receive upon a sale being made the proceeds of the sale of one hundred and twenty acres of my land which is in consideration of land conveyed by him to my son Beverly D. Scott and to where fully secure to him the proceeds of the above mentioned one hundred and twenty acres of land I have given him a receipt to that effect. All of which above and mentioned bequeathed property I give and bequeath to my son John Scott and his heirs forever.
Bequest, I will and bequeath in addition to what I have heretofore given to my son Henry M Scott, the following property to wit one feather bed, bedstead and furniture also the following Negro slaves for life Amos Green, Julian and Fieldery all of which I give and bequeath to my said son Henry M Scott his heir and assigns forever.
Bequest I give and bequeath to my son James D Scott in addition to what I have heretofore given him the following property to wit one feather bed, bedstead and bedding, also the following Negro slaves for life Eliz Guy Lewis and son. It is also my will that my said son James D. Scott received 200 dollars in money from the proceeds of the sale of any land which is in consideration of his having received Lun who is an slave all of which I give and bequeath to my said son James D. Scott and to his heirs forever.
Bequest I give an bequeath to my son Beverly Q Scott in addition to what I have heretofore given him the following negro slaves for life to wit, Becky Anna Taliferro and Wade to him and his heirs forever.
Bequest I give and bequeath to my son Graves Scott as follows to with one half of all my stock of cattle hogs sheep goats and fouls of every kind and half of my Farming tools and utensils carpenters tools also one half of all my china cookery and glass ware and table furniture of every kind also one half of my kitchen furniture table knives to books also one shot gun, and one liquor case, one loom one oxen and one ox wagon and two yoke of oxen two mules known as Julia & Cuff, one horse a brown bay called Jenny two feather beds bedsteads and furniture one trunk also the following Negroes vez, Cook, Mysea Squire, Little Bill , Big Bill Dexter, and Dick It is also my will that my said son Graves Scott shall have the proceeds of one hundred and twenty acres of my land when the same as sold to him and his heirs forever.
Bequest I give and bequeath to my daughter Letty Whitfield wife of Duncan B Whitfield in addition to what I have heretofore given her as follows to wit the following negro slaves for life vez Luckey, Betty and little Amy to her and her heirs forever.
Bequest I give and bequeath to my grandson Telemaehus T. Wyatt son of John O Wyatt one bed bedstead and furniture and the following negro slaves to wit Fanny Elbert and Tom and I do hereby appoint Henry M Scott as Guardian for my said grandson so far as boy Tom is concerned and I do hereby appoint my son in law D. B. Whitfield for my said grandson so far as Elbert is concerned and I do hereby appoint my son James D Scott Guardian for my said grandson so far as girl Fanny is concerned and also my son James D Scott is hereby directed to charge of my said grandson's bed bedstead and furniture, which three several negro slaves are to be held in trust for my grandson Telemacheus S. Wyatt by the three guardians as above appointed until he accrues at the age of Twenty one years where at is to be returned to him free of charge by them severally or without any compensation to him for his 3 negro servants up to the time he receives them. And if the said Telemacheus S Wyatt should die before he accrues at the age of maturity then the above describe 3 Negroes bed and bedding shall be equally divided amongst my legal heirs herein before named.
9th It is my intention to make sale of all my land to enable me to pay all my just debts and the bequests made in this will to be paid to my sons John Scott James D Scott and Graves Scott and if I should fail to make sale thereof in my life time then it is my will that my executors hereinafter appointed sell my lands and out of the proceeds pay first all my just debts then the bequest to my said sons John Scott James D Scott and Graves Scott. If the land should sell for enough for the purpose aforesaid and if not then each of my heirs are to pay unto the hands of my Executors equally and make up the deficiency and discharge the debts above mentioned.
10th And lastly I hereby constitute and appoint my son James D Scott and Beverly D Scott my Executors of this my last will and testament and appeasing as I do the utmost confidence in them I desire that they be not required to enter into hand with security for the purposes of the order of this said office of Executors. In testimony whereof I have hereunto set my hand and affixed my seal to this my last will and testament hereby ordering all other wills by me heretofore made this the 27th day of February in the year of our Lord one thousand Eighteen hundred & forty four.


John Scott (Seal)
Signed sealed and witnessed in the presence of us


George G McNabb
William C Coates
John M Waskum


Whereas I James Scott in and of the County of Holmes and State aforesaid named made and executed this my last will and testament in writing bearing the date as above written now I do hereby declare this present writing to be as a codicil to my said will and desire the same to be assumed thereunto and taken as a part thereof- that I desire that in case of my land not paying my just debts and the bequests to my 3 sons James D John and Grave Scott and that should the other heirs be severally called upon to make up such deficiency as I entered in the 9th bequest that my 3 sons James D John & Graves Scott shall endure this alone severally in proportion to the amount required of them so that each one shall pay and equal portion of the demand against me given under my hand & seal the day and year just above written.


James Scott
George G. McNabb
Will D Coates
John M. Waskum I James Scott being the party to the above written will being still in my proper mind in this the 3 day of September A. D. 1846 having affixed my seals of said will for the purpose of adding a codicil thereunto which is made part and paid of the said will and testament I desire to abolish my will made as written to my grandson Telemaecheus S. I James Scott being the party to the above written will being still in my proper mind in this the 3 day of September A. D. 1846 having affixed my seals of said will for the purpose of adding a codicil thereunto which is made part and paid of the said will and testament I desire to abolish my will made as written to my grandson Telemaecheus S. Wyatt so far as two Negroes are concerned.