Butts Co. GA Will of Samuel Ferguson Smith Submitted by Betty M. ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ *********************************************************************** Will of Samuel Ferguson Smith Georgia, Butts Cty May 15, 1889 Samuel Ferguson Smith being in an advanced stage of life but perfect in mind and memory and well knowing that it is appointed to all men to die and after death -the judgment do make and ordain this last will and testament . Item 1 I command myself to God, to his holy care and keeping, my body to decent burial. Item 2. I desire that all the just deaths that maybe against me at my deceased's the first paid. Item 3. I have already advanced one thousand dollars to each one of my children except my son John to whom I have advanced certain sums to pay his expenses in college, now in the event of my death before I advance the sum of $1,000 to him it is my will that my executor advance such sums to him as added to what I have advanced to him will make this sum of $1,000 and I will that my son A. B.Smith act as his guardian without giving bond. Item 4. I give and beat we to my beloved wife Arney Smith the land known as the James Crittenden place, containing 166 and one-half acres more or less. Also the parcel adjoining purchased of W.H.Smith Making in all about 200 a., Also two horses or mules of her selection. Also feed for the same for one year. Also one buggy, also one year's supply of provisions to be furnished by my executor if not on hand at the time of my death. Our reserve the right to the management of this land during my lifetime. It is my will and desire and my wife have a sufficiency of my household and kitchen furniture former comfort. Item 5. Will and bequeathed to my son S. J. Smith his notes and accounts to the amount of $2,600.00 dollars and one thousand dollars in money to be paid him by my executive on the third day of January 1890. Provided I do not live of to pay it to him myself ton also one small mule-U $100. It is my will and desire that way each got my children shall have received a sum equal to the amount bequeathed S.J. Smith. That way he may have an equal share in the remainder ,(If there be any left in my estate. Item 6. I will and bequeath to my children and grandchildren to wit. Wilson Smith, Sara Ann Etheridge, A.B. Smith, Washington H. Smith, R.V. Smith, S.K. Smith, Alice F. Smith, J.R. Smith, and to the four children of my deceased daughter Nancy J. Thompson. Viz Lillie May Thompson, W. A. Thompson, R.B. Thompson, and Nancy E. Thompson one share and to the eleven children of my son W. F. Smith viz Ella, Hattie, Seaborn, Parham, Mammie, Mellie, Gilliam, Laura, Alice, Maud, and Eidson, one share in the following described property viz. One plantation known as the King placed in Jasper County, containing 500 a. more or less also 40 acres adjoining the king place known as a part of the Wesley Williams place also the mills waterr power,public ferry, one-half interest in the cotton gin, 65 a. of land known as the mill site better known as Smith Mills in Jasper County. In case of sale of the Smith Mill property by W.F. Smith in conformity with a contract between W. F. Smith and myself then my heirs are to receive ten thousand dollars which I am to receive under said contract in lien of the said Smith mill property, also one parcel of land known as the T.R. Williams place in Jasper County containing 345 acres more or less. Also one place known as the Bob Allen place containing 138 a. more or less also one-half interest in the key mill and public ferryand 50 a. of land also 550 a. of land or less in Butts Cty known as the Brady place and parts of Price place also three-fourths interest in the mill and 10 a. of land known as the Smith Watkins Mill Property, also 113 a. of land in Butts Cty known as the Jones place. Also one lot of land #323 in the 5th district of Appling County, Georgia containing 490 acres more or less. It is my will and desire that my heirs as above name do take possession of the property desceribed in Itrem 6th of this will on Jan 1, 1890 and they are at liberty to dispose of it in anyway they think proper and to their best interest. It is my will that S.L. Thompson shall hold in trust the one share in my estate given to Lilly May. W.A. R.B. and Nancy E. Thompson and he shall use the rental or interest that may accrue from year to year in the proper maintance and Education of the said children during their minority, He may dispose of a part or all of said property for investment of same and all other acts as he may think to the best interest of said children. He is not required to give bond and is relieved from making annual returns. It is my desire that W. F. Smith shall hold in trust the one share in my estate given to Ella, Hattie Seaborn, Parham, Mamie, Millie, Lilliam, Laura, Alice, Maud, and Eidson Smith under the same concitions named for S. L. Thompson except that the said W.F. Smith trustee shall allow to my executors the sum of six hundrend dollars in the settlement of the share of his children for advance made to W.F. Smith for which I hold his receipt. I will and bequeath that my home place containing about 1200 acres together with my stock perishable property, money notes and accounts shall remain in my possession during my lifetime, and after my death my executors sell or divide the stock and perishable property as they may think the best interest of the Estate demands and the land named as my home place or any other that may reverty to my estate to be disposed of as my executors may think to the best interest of the estate. It is my will that my executors may make a perfect title to any of my property at private sale without advertising the same as required process of advrtising. Item 8 It is my will and desire that my executor herein named act as Guardian for my son Washington H. Smith after my death with out bond. They shall take possession of his person and property and look to his comfort and in the event of his death without child or children his share of my estate to revert to and become a part of my estate. Item 9 I will and desire that my son Wilson Smith, my son S.K. Smith and my son-in-law C. E. Etheridge act as Executors to this my last will and testament and that they shall have a reasonable compensation for their trouble. The above and foregoing six pages I acknowledge as my last will and testament and subscribe my name to it in presence of witnesses and request that they each sign in my presence as witnesses Interlined before signed Samuel F. Smith(SS) Witness R.V. Smith H.D. Edwards William Moss