Butts County GaArchives Wills.....Smith, William H. August 6 1836 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Teresa Rozich Teresa@maro.net October 18, 2004, 8:51 pm Source: Records - Some Wills, 1837-1845, Butts County, Georgia, P 331-332. Written: August 6 1836 Recorded: September 8 1840 Georgia Butts County In the name of God Amen. I William H Smith of the county aforesaid being weak in body and wishing to set in order my affairs of this life as I do not expect to remain in time long, and yet being of sound mind and disposing memory, I make this my last will and testament and appoint executors which will be after named to carry into effect this will in full. Item 1st. I will that all my just debts be first paid. Item 2. I will that my two horses and my sheep and my cart and oxen and all my cattle except four head be sold at the highest bidder, and also my land, whereon I reside, to be sold at private sale or public sale which ever my executors think best and the proceeds of said sales taken by my executors, or so much thereof as is necessary to buy a small bit of land and two cheap horses such as will be sufficient to carry on a small farm for the support of my beloved wife during her natural life or widowhood and also that my wife have the balance of all my perishable property during her natural life or widowhood. Item 3rd. I will that al the money due me and all the overplus arising from the sales of the above named property that is not taken to buy the land and horses for my wife, be laid out by my executors on interest and kept as belonging to my estate, and if it should be thought by my executors that my wifes necessities actually require any part of the above named money they have the power to apply it or so much of it as is necessary to her use. Item 4th. I will that my son Joseph be boarded and sent to school one year and the tuition paid. Item 5th. I will that my son Simon be boarded and sent to school Eighteen months and the tuition paid. Item 6th. I will that at the death or marriage of my wife, that all the property belonging to my estate be sold at the highest bidder and a final distribution made according to the after items named. If my wife should marry, she shall have given to her a childs part of my estate. Item 7th. I will that my eldest, James Smith and my daughter Verlinda Wallace, and my son William B Smith and my son Ebenezer Smith orphans, and my son Green Smith, and my son Elijah Smith and my daughter Martha Smith and my daughter Kissiah Dawson, and my son Joseph Smith and my daughter Elizabeth Smith and my son Simon, all be considered by my executors as legal heirs of my estate and an equal division made between them all except my son William Smith, and the orphans of my son Ebenezer, my son William Smith has had seventy dollars, which I hold his notes for, that amount is to be taken out of his part, and the notes given up to him, and also Ebenezer Smiths orphans there is seventy five dollars to be taken out of their part, as I let their father have that amount in his life time and whatever is comeing to them after deducting, my executors is to pay to them as they come of lawful age, and also a deduction of twelve dollars each, out of the parts of my three married daughters parts for a bed that I gave each of them Verlinda Wallace and Martha Smith and Kissiah Dawson those deductions all to be made and then a division to be made according to the several items of this will. Item 8th. I will that my son Elijah Smith and Riley Wise & John M Pearson be my executors, to carry into effect this my last will and testament, this sixth day of August in the year of our Lord, Eighteen hundred and thirty six. Signed sealed in presence of His William H. X Smith Mark Test Humphry Gilmore Stephen X Baley (His Mark) James X Bentley (His Mark) Recorded this 8th Sept. 1840. Records - Some Wills, 1837-1845, Butts County, Georgia, p 331-332. File at: http://files.usgwarchives.net/ga/butts/wills/gwl126smith.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 4.3 Kb