Will of Benjamin J. Smith, Lowndes, Alabama

http://files.usgwarchives.net/al/lowndes/wills/bjsmith.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
<CR831@aol.comt>
=====================================================================
September 2002

Will of Benjamin J. Smiht
Lowndes County, Alabama
Will Book C, pages 85 - 86

Benjamin J. Smith died on 31 October 1867 and left the following Will and Codicil:

STATE OF ALABAMA  )
LOWNDES COUNTY    )

In the name of God, amen.  I, Benjamin J. Smith, being of sound mind and disposing member, 
do make and ordain this, my last will and testament.

1.  It is my wish that a tomb to mark my place be put over my grave and for that purpose 
    I appropriate five hundred dollars if needed.

2.  I leave to my sister, Martha C. McGehee, the room (at her death to be returned to 
    J. B. and B. W. Mason) she now occupies with such other comfort in and about the house 
	and yard as may be comfortable and agreeable and also a comfortable support from Jos. B. 
	and B. W. Mason, should she request or need it.

3.  I give and bequeath to Jos. B. and B. W. Mason the tract of land on which I reside, 
    containing 2.169 acres, more or less, in T 15 R 16, with all its appurtenances thereunto 
	belonging, all the plantation and farming utensils, the shop tools, wagons, and harness.  
	Also my household furniture and kitchen utensils &c.  My books of all kinds,  my part of 
	corn and fodder and potatoes now on the place, four head of mules, 2 yoke oxen, 20 head 
	of cattle, 5000 lbs. pork, all the stock, hogs &c, and for and in consideration of the 
	above the said Jos. B. and B. W. Mason will see that Sarah A. Menefee, my sister, will be 
	amply provided for should she ever be so unfortunate as to have any cause for such protection 
	and to Sallie A. Boyd they, Jos. B. and B. W. Mason, will pay (4,000) four thousand dollars 
	one half at the settlement of the estate, and the other half 12 months thereafter.

4.  It [is] my request that the rest and residue of my estate be equally divided between my 
    brothers, Jas. H. Smith and H. V. Smith, if alive -- if dead, to their children.

5.  I hereby constitute and name Jos. B. Mason and B. W. Mason Executors of this, my last will 
    and testament, hereby revoking all others.

In witness I hereunto set my hand and affect my seal this 26th day of November 1866.
Attest:  B. W. Walker						B. J. Smith
	     D. O. Lockhart
	     W. E. McGehee

STATE OF ALABAMA   )
LOWNDES COUNTY     )				CODICIL TO MY WILL

I hereby revoke the donation in the body of my will to Sarah A. Boyd and give her a proportionate 
share with the rest of my nieces.

I give to sister Sarah A. Menefee one thousand dollars; at her death, to her children.

I hereby quitclaim to all moneys due me from Jos. B. and B. W. Mason and all other claims and 
demands whatever they be.  I give to Jos. B. Mason my filly and to B. Ward Mason my colt; May 29th, 1867.

Attest:  D. O. Lockhart				B. J. Smith
	     S. A. Johnston

Before me, James W. Graham, Judge of the Probate Court in and for the County of Lowndes and 
State of Alabama, came B. W. Walker and D. O. Lochart, two of the subscribing witnesses to t
he last will and testamentof B. J. Smith and after being duly sworn, on oath stated that the 
said B. j. Smith signed said instrument as his last will and testament in their presence and 
that they signed the same at the request of the said B. J. Smith at the time it bears date; 
sworn to and subscribed before me December 9, 1867.

B. W. Walker						James W. Graham
D. O. Lockhart					Judge of Probate