Chambers Co. AL - Will of D.E.M. Smith USGenWeb Archives Project Notice: In keeping with our policy of providing free information on the internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may not be reproduced in any format for profit, nor for commercial presentation by any other organization. Persons or organizations desiring to use this material for purposes other than as stated above, must obtain express written permission from the author or the submitter and from the listed USGenWeb Project archivist. Submitted by: Melissa Smith iamabravesfan@geocities.com ----------------------------------------------------------------------- Will of D.E.M. Smith State of Alabama} Chambers County} I, D E M Smith, being of sound mind and disposing memory, and being mindful of the uncertainty of life and the certainty of death, do make and publish this, my last will and testament. Item 1: It is my will that after my death, all just debts which I may owe may be paid out of my estate. Item 2nd: It is my will that at my death if my beloved wife Catherine A Smith should survive me, she be vested with a life estate in and to all of my estates both real and personal, and have the full use and benefit of the same as long she may live. Item 3rd: If my said wife survive me and take under said item 2nd, said life estate therein provided, it is my will that at her death my beloved daughter Ada Smith shall be vested with a title during her natural in and to my home place, consisting of 152 acres, known as the Henderson Place and described as the SW 1/4 of Sec 33 Twnshp 24 R28 less 8 acres off the NE corners thereof; also the place known as the Tom Simonton Place, containing 100 acres more or less, on which is situated just East of the home place first described; also eighty acres more or less known as the Earles Place being situated on the other side of the creek (Stroud Creek) from Tom Simonton, or mill place above described; also the 69 acres lying in the south side of the Stroud Creek which I bought from Peat Smith, which is bounded in the West by the Jerry Bailey place, and in the South by the other lands herein described; said tract of lands thus bequeathed to said Ada Smith containing in all 401 acres more or less. It is my will that at my said wife's death, as in this item set forth, my said daughter Ada, in addition to said lands shall also have the household goods now in our home and half of the other personal property which I may leave at my death, such as stack and farming implements absolutily. After make these provisions for my said daughter Ada, it is my will that all of the remainder of my estate both real and personal, be sold by my executor and divided equally among my remaining children that is, share and share alike among such as may be living, and if any should die leaving issue living at the time of such division, such issue shall take the share which would have gone to their parent if living. All the above described property is situated in Chambers County, Alabama. Item 4th: If my said wife should die before I do, it is my will that at my death my said daughter Ada shall have the said 401 acres of land and personal property just as provided in the foregoing item, and that the remainder of my property shall be equally divided among my children or their descendants just as provided in the said item 3rd. Item 5th: If both my said wife and daughter Ada should die before I do, then at my death, I bequeath all of my property, both real, personal and mixed, equally, share and share alike to my remaining children now living to-wit: Jno D, F C, N J, W H, C H, O W, and S S Smith, Alice Barber, Ella Smith, and Simon E Smith or to such of them as may be living at my death together with the child or children of any one or more of them that may be dead at that time, which child or children shall take the parent's share; and in order to effect such division fairly and equally, said land and other property may be sold by said executor at public or private sale and the proceeds fairly and equally divided as above set forth. The special provision made for said daughter Ada in the will is done on account of the fact that my other children are all in fairly good circumstances, where as Ada will be left unmarried and alone no doubt and as she has lived with my wife and myself in our old age and had been dutiful and affectionate in waiting and helping us, it is my desire that she never want for anything. I now own 735 acres of land more or less; so that there will be some 334 acres more or less remaining for division among my other children after making the said provision of 401 acres more or less for said daughter Ada. Item 6th: It is my will when in either event, whether under 3rd or 4th that my said daughter Ada take said land, that she shall take merely a life estate and that at her death the said property shall revert to and be vested equal in all of my heirs-at-law which may then be living. If however she should die bearing child or children, then it is my will that said children take a full simple title to half of said 401 acres and that the remainder revert to my other heirs. Item 7th: I hereby appoint my said wife Catherine A Smith as my executor of this my last will and testament, in case she survives me, and incase she does not, I hereby appoint my said son Simon E Smith as my executor. In either case they are exempted from giving bond. Sign, sealed and publish, this the 4th day of May, 1905. D. E. M. Smith [LS] Witness: M R Buckalew Armstead Brown *****Filed December 23, 1908***** *****Proof January 25, 1909***** **My own notes: This will was handwritten. I had a hard time deciphering some of the children's initials. The only one that I am not sure of is the "N J, & W H". On the will it looked as though these 4 initials were run together without a comma in between them. The name "Peat Smith" was spelled "Peat" so that is not a typo on my part. I copied this will from Chambers County Will Book #4, Pages 254, 255, 256, 257, 258, 259 on January 8, 1999 located in the vault at the Chambers County Courthouse located in Lafayette, Alabama. Melissa Smith**