Will: William Smith Sr., Sussex Co., DE, 1846

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William Smith Will Recorded in Will Book K,   Page 103, Recorded
June 14 1845

The last will and testament of William Smith of Sussex County and
State of Delaware.  I William Smith considering the uncertainty of
this mortal life, and being of sound mind and memory do make and
publish this my last will and testament in manner and form following
(that is to say)

First I give and bequeath to my beloved wife Ally Smith, until my
younger children viz. Daniel Smith, James Lacy Smith and Syrena
Smith shall arrive at age (that is male children 21 years of age and
female 18 years of age) two thirds of all my lands and also all my
personal estate after paying my just debts, the land to be divided
by men chosen by the parties concerned and the said Ally Smith is to
have this part laid off or assigned to her in which the dwelling and
other houses are situated, the said house not to be  considered as
of any value in said division, after, or when the said children
shall arrive at age, the said lands are to be equally divided
between them , as also are the personal property that the said Ally
Smith may be in possession of at that time to then the said  Daniel
Smith, James Lacy Smith, & Syrena Smith their heirs and assigns
forever, and should any of the said children die before they arrive
at age it is to be divided between those that may be living, if all
the above named children die before they arrive at age then the said
property real & personal is to go to the said Ally Smith during her
natural life and then to be divided between my other children,  not
here named their heirs and assigns, provided however that the said
Ally Smith  shall bring up educate, board & clothe said children
free of charge if she the said Ally Smith should die before said
children arrive at age the profits of said lands & also the personal
property is to go to them, their heirs and assigns.

Second I give and bequeath unto my son David Smith his heirs and
assigns one dollar

Third I give and bequeath unto my son Henry Smith my young yoke of
oxen and 1 bed,  stead & furniture, his choice

Fourth I give and bequeath unto my daughter Mary Allen wife of
William Allen Fifty Dollars to be paid to him her heirs and assigns,
two years from  my death clear of interest and no more of my estate

Fifth I give and bequeath unto my son Henry Smith and Ann Brown wife
of Daniel Brown that other one third of all my lands to be laid off
to them by the men chosen as aforesaid the line of division to
commence  if practical to the minds of the said commission at a
ditch cross fence  towards Nathaniel Horsey's farm to run with the
ditch through the swamp until it the line taking in what is called
the grape tree cut from the ditch towards Fred Polk Negro, making
this ditch the dividing line which will perhaps make about  one
hundred and ten acres more or less and giving  them as near as
possible the one third of my real estate taking the part of the farm
here described as near as possible to the said Henry Smith & Ann
Brown wife of Daniel Brown their heirs and assigns forever, provided
however that the said Henry Smith and Daniel Brown pay my estate the
sum of fifty dollars each.

Sixth I give and bequeath unto my daughter Syrena Smith when she
shall arrive at age one of my bureaus this as well as the property
bequeathed to Henry Smith is to be given from the property given or
bequeathed to the said Ally Smith, in item first

And lastly it is my will and desire that Ally Smith my wife be the
sole executor of this my last will and testament hereby revoking all
former wills made by me.

In testimony whereof I have hereunto set my hand and seal this
fourth day of June eighteen hundred and forty five.
											           											           			      
                                                                
Signed sealed and delivered in presents                   his					        
of us who have Subscribed our names as              William X Smith
witnesses in presents of Each other                    mark  seal

_Geo._T._White_
_A.P._Sorden_  

All the underlining was done before signing

A.B.  We would remark that as Mr. Smith had some affliction in his
right hand so that he could not hold the pen to write his name he
made a mark with his left and duly acknowledged the same June 4,
1845

George T. White
A. P. Sorden

Inventory of the Estate of William Smith decd. March 12th 1846

Amount $414.541/2

Ally Smith Ex.

Inventory and Appraisement of the estate of Wm Smith decd. Late of N
W F Hundred Sussex County dated July 22, 1845

Sussex County  Ally Smith maketh solemn and _____ she hath made
diligent inquiry concerning the goods and chattels of Wm Smith decd.
And that this inventory doth contain all the goods and chattels
_____ that has come to her knowledge or possession  subscibed sworn
March 12th 1846 Ally X Smith before Henry Davericy Regt.

List of goods and chattels July 22 1845  appraisers Wesley Smith and
Jacob Kinder

Ally Smith and John Higman signed executors bond on the estate of
William Smith 20th June 1845