Will of Byrd C. Smith, Lowndes, Alabama

===============================================================================
USGENWEB NOTICE:

All documents placed in the USGenWeb Archives remain the property of the 
contributors, who retain publication rights in accordance with US Copyright Laws 
and Regulations.

In keeping with our policy of providing free information on the Internet, these 
documents may be used by anyone for their personal research.  They may be used 
by non-commercial entities so long as all notices and submitter information is 
included.

These electronic pages may NOT be reproduced in any format for profit.

Any other use, including copying files to other sites, requires permission from 
the contributors PRIOR to uploading to the other sites.

The submitter has given permission to the USGenWeb Archives to store the file 
permanently for free access.

This file was contributed and copyrighted by:

Rae Venable Calvert
<RaeVCalvert@aol.com>
================================================================================
August 2004


 "The State of Alabama  }
Lowndes County          }                                
	I, Byrd C. Smith, considering my mortality, do make and declare this my Last Will and Testament.
I will and direct that my Estate be kept together for the space of two years using the profit of the crops 
with the present be[ing] applied to payment of my lawful debts.  Should the above-named crops  be 
insufficient to pay my debts, then I direct that my Executors, hereinafter named, sell so much of my land 
as will be necessary to pay the balance of my debts.
I will and direct Sarah A. Mason shall have Jack and his wife, Milly, which I appraise and value at twelve 
hundred dollars, and that the said S. A. Mason shall take Milly into her immediate possession after my 
death, and that Jack shall remain on the plantation for the above specified time of two years after all my 
lawful debts are paid, I will and direct that my Estate shall be equally divided between all of my living 
brothers and sisters (viz) James H. Smith, Benjamin Smith, Hartwell V. Smith, Angelina Smith, Martha C. 
Smith, and Sarah A. Mason, Jack and Milly to be considered a portion of Sarah A. Mason's share.
And I will and direct that James H. Smith and Hartwell V. Smith be my Executors.
In witness whereof, I hereunto set my hand and affixed my seal this the Eight day of February, Eighteen 
Hundred and Thirty Eight.

								B. J. Smith [ Seal]
Signed and sealed and delivered in the presence
of M. L. Gilmer,
Amos B. Barton
Owen Singletary."
Will Book ____ page 66.