Crawford-Upson-Talbot County GaArchives Wills.....Smith, Anthony Garnett [Sr.] [Reverend] April 17, 1839 ************************************************ 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: T. Brad Willis http://www.genrecords.net/emailregistry/vols/00031.html#0007638 August 19, 2012, 2:03 pm Source: Will Book Written: April 17, 1839 Recorded: March 3, 1852 Anthony Garnett Smith, Sr. Will: Crawford County State of Georgia I Anthony G. Smith of this county and state aforesaid calling to mind the uncertainty of life & the mortality of body & knowing that it is appointed for man once to die and after death the judgement, and being of sound & disposing mind do hereby make this my last will & testament hereby revoking all former wills heretofore made by me. First I recommend my soul to the protection of Almighty God in hopes of its gracious acceptance by him through the infinite merit(?) of our Lord & Saviour Jesus Christ through whose merit and atonement I hope and trust for eternal life and my body to the earth to be buried in a decent and Christian manner, believing in the resurrection of the body and that state of eternal felicity at the right hand of God, prepared for the penitent believer with a lively hope of enjoying that state of blessedness where soul and body will be reunited & spend a happy eternity in the presence & enjoyment of their Savior & God. And whereas it has pleased Almighty God to bless me with a portion of this worlds goods I herewith make the following disposition of the same. My wish and desire is and I hereby direct that there shall be no appraisement of my estate and that my beloved wife Mary H. Smith remain in the practicable (?) possession of the same to manage it with the aid of my executors to promote the interest of the same together with the interest of the legatees, my wish is & I hereby direct that when my daughter, Emily C. and my son Carey H. Smith marry or become(?) of age that my wife with my executors shall allot & give unto(?) each of them the said Emily C. & Cary H. Smith such Negroes having reference to such as I gave my other children to be appraised at the same ratio as I valued those I gave my other children. Also one horse each to be valued at these then values together with Beds, Bedsteads, & furniture household & Kitchen furniture & stock such as my other children received and which is not included in this amount they are charged with in a schedule of property & money they my children, who are married have received heretofore and which shall not be charged to Emily C. & Cary Hull, and whereas my son A. [Anthony] Garnett Smith [Jr.] has not received his stock Household & Kitchen furniture, I hereby direct that is shall be delivered unto him when he applies for the same he having heretofore received his bed & furniture. I hereby direct that my debts maybe be paid as soon as may be convenient or as they become due and that the fund remaining on hand & the money due my estate be collected as soon as may be and the same be divided among my children who are of age or their representatives so as to make them equal, with what they have received heretofore proved & the sum is sufficient, if not beginning with the lowest account(?) and make them equal as far as the sum is sufficient. The balance of my estate I wish to remain in the possession of my beloved wife, Mary H. Smith during her widowhood and I hereby direct that the carriage and pair of gentle horses shall be kept for her use, during her widowhood or natural life. And should she think proper to marry again I hereby lend her during her natural life a childs part of my personal estate then? remaining which at her death shall be equally divided amongst my children or their legal representatives. At the marriage or death of my beloved wife, Mary H. Smith, I wish my estate both real and personal of every description to be so divided among all of my children viz Sarah W. Colquitt, Johanna A. Andrews, Mary A. Bradley, Anthony Garnett Smith, Wesley F. Smith, Emily C. Smith, Carey H. Smith and the children of my daughter Zilah [sic] A. Johnson [-] Luke G., Robt. Thomas & Harriet Ann Johnson who shall receive the dividend that would of rights have fallen to their mother, Zillah A. Johnson were she in life so as to make them all equal having reference to this schedule above alluded to & here I think its best to leave the manner of proceeding after my decease to those living with this Motto, act in peace, live in peace and may the God of peace bless you my children & descendants through life & save you eternally. My wish and desire is that when it may be practicable that 2 marble slabs shall be procured from Cherokee. One to be placed over my grave the other over my beloved wifes after her decease enclosed with this instrument will be a short epitaph subject to the revision of my friends. The dividend going to Nathan Johnson's children above named shall be paid to him who is their natural Guardian, and he is thereby authorized if he thinks proper to apply a part of that amount to placing a tombstone (a marble slab) over his late wife (my daughters) grave. I hereby direct that a solid stone wall be made around my graveyard of sufficient size for the use of my families burying ground and in case of any sale the burying ground or graveyard be exempted and provided for as the law may direct. I hereby constitute and appoint my sons, Anthony G. Smith & Wesley F. Smith my executors to this my last will and testament as also Carey H. Smith when he becomes of age. In testimony whereof I have hereunto set my hand and seal this seventeenth day of April 1839. Anthony G. Smith Signed in presence of Curran Battle Ann J. Miller J.A. Miller ======= Crawford County. Court of Ordinary March term 1852 The last will and testament of Anthony G. Smith dec'd late of said county being brought & produced in Court by Wesley F. Smith & Carey H. Smith the Executors therein named(?) and proved by and upon this oath of James A. Miller & Ann I. Miller, subscribing Witnesses thereto. It is upon motion ordered by this Court that said Will be and the same is hereby held to be duly & legally proven & that the same be admitted to record and that this order be entered on the ? of By the Court James I Ray Ordinary The foregoing will of Anthony G. Smith dec'd and order duly recorded on 3rd day of March 1852. James J. Ray Ordinary Additional Comments: Appreciation is expressed to Virginia Crilley for transcribing his will which was difficult to decipher in places. Anthony Garnett Smith, Sr. was born on 30 Aug 1776 in Cumberland County, VA, and he died on 18 Jan 1852 in Crawford County, GA. He was a Methodist minister for many years and this is noted on his grave marker. He was buried at his family cemetery near his home in Crawford County, GA. Details about the marble markers and the rock wall around his cemetery are mentioned in this will in much detail. In the will, his wife's name appears as Mary H. Smith which is a bit confusing since he married Mary "Polly" Allen, and she was later buried beside him. Perhaps "H" was a middle name or the "H" in the will should be transcribed as an "A" for Allen. This will was sent many years ago by James Anthony "Pete" Vining of Thomaston, GA, a noted Smith family historian. Appreciation is also expressed to Claude C. Burgess of the Thomaston-Upson Archives in Thomaston, GA for preserving and disseminating the history and heritage of the Smith family of Oglethorpe, Crawford, Talbot, and Upson counties in the great State of Georgia. File at: http://files.usgwarchives.net/ga/crawford/wills/smith846gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 7.9 Kb