Will of Nancy Clark Smith, Lowndes, Alabama http://files.usgwarchives.net/al/lowndes/wills/mcmcgehee.txt ================================================================================ 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 ===================================================================== September 2002 Will of Nancy Clark Smith Lowndes County, Alabama Will Book B, pages 27 - 28 Nancy Smith died in Greensville County, VA, between 12 June 1832 when she executed her Will and 3 September 1832, the date her Will was probated in Greensville County. It was subsequently recorded in Lowndes County, AL, and reads: "In the name of God, Amen. I, Nancy Smith of the County of Greensville and State of Virginia, being of sound mind and disposing memory, do make and ordain this, my last Will and Testament in the manner and form following, to-wit: I give and bequeath to my son, Benjamin J. Smith, to him, his heirs, and assigns forever, one Negro man named Jack and one half of all my land lying and being situated in the County of Lowndes and State of Alabama to include the improvements, also all the crops that may be made thereon the present year and one Feather bed and furniture as compensation for the services rendered me. I give and bequeath to each of my Daughters, namely, Angelina Smith, Martha C. Smith, and Sarah A. Smith, Three hundred Dollars and also the other half of my Tract of land lying and being in the County of Lowndes and State of Alabama, to be equally divided between them, to them, their heirs and assigns forever. I give to my son, Hartwell V. Smith, the money he owes me supposed to be Seventy or Eighty Dollars, to him, his heirs and assigns forever. I give and bequeath to my Son, Byrd C. Smith, the money he owes me supposed to be four or five hundred Dollars, to him, his heirs and assigns forever. It is my will and desire that all the balance of my Estate not heretofore given away be equally Divided among my Children named as follows: (viz): Angelina Smith, Martha C. Smith, Edwin P. Smith, James H. Smith, Benjamin J. Smith, Hartwell V. Smith, and Sarah A. Smith, to them, their heirs and assigns forever. I hereby appoint my Sons, Edwin P. and Benjamin J. Smith, Ex[ecutors] of this my last will. In witness whereof I have hereunto set my hand and seal this 12th day of June, One Thousand Eight hundred Thirty-Two. Signed, Sealed and published as and for Nancy Smith. the last Will of Nancy Smith in presence of Henry Wyche, James W. Cook, William D. Epps. [underlining added] At a Court held for Greensville County the 3rd day of September 1832, the last will and Testament of Nancy Smith, deceased, was proven according to law by the oath of Henry Wyche, James W. Cook, and William D. Epps, the witnesses thereto, and ordered to be Recorded on the Motion of Benjamin J. Smith, one of the Executors therein named who made oath thereto and together with James W. Cook and Richard R. Moss, his Security entered into and acknowledged a Bond in the penalty of Thirty Thousand Dollars, conditioned as the law directs. Certificate is Granted the said Benjamin J. Smith for obtaining probate of said Will in due form. Teste: E. Mason, Clk STATE OF VIRGINIA } TO WIT. GREENSVILLE COUNTY } I, Edmunds Mason, Clerk of the County Court of Greensville County, in the State aforesaid, do hereby certify that the foregoing is a true copy of the last will and Testament of Nancy Smith, Dec'd , taken from the original filed in my office duly Recorded. In testimony whereof, I have hereunto set my hand and affixed the County Seal of my office this Thirteenth day of November One Thousand Eight Hundred & Thirty two and in the 57th year of the Commonwealth. E. Mason, Clk (SEAL) STATE OF VIRGINIA } GREENSVILLE COUNTY } To wit. I, John Robinson, presiding Justice of the County Court of Greensville County, the State of Virginia, do hereby certify that Edmunds Mason is Clerk of the said Court and that his attestation [is] in due form. Given under my hand and seal this 24th of November One Thousand Eight hundred and Thirty Two and in the 57th year of the Commonwealth. John Robinson, P. J. (SEAL) The foregoing instrument purported to be the last will and Testament of Nancy Smith is a true copy of the original copy registered the 22nd day of April A.D. 1833. John Varner, Clk Co. Ct."1