Elbert County GaArchives Wills.....Smith, John June 14, 1841
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File contributed for use in USGenWeb Archives by:
Mary Esther Lord Smith http://www.genrecords.net/emailregistry/vols/00027.html#0006600 August 19, 2010, 1:06 am

Source: Copy Of Will
Written: June 14, 1841
Recorded: September 1841

In the name of God, Amen. I, John Smith of the State of Georgia & County of
Elbert, being much afflicted bodily, but sound in mind & knowing that it is
appointed for all men once to die, do make & ordain this my Last Will &
Testament, willing my soul to God who gave it, to my body to be buried in a
decent Christian like manner & as touching such wordly goods as it has pleased
God to bless me with; I give and devise in the following manner & form, to wit;
It is my Will that all my just debts be paid out of my Estate & the balance to
be divided as follows. I give unto my son William Smith my Clay Bank Filly & one
Read Heifer, one bed & furniture.
I give unto my son Westley Smith, one bed & furniture. I do give unto my son
Singleton Smith in trust for my son Eppy M. Smith my Land and Plantation whereon
I now live with all my other property that I have not willed away, to be managed
& imployed by him for the support & benefit of the said Eppy Smith & I do
appoint him the said Singleton Smith, Guardian for the said Eppy M. Smith & in
the event that the said Singleton should refuse to accept the trusteeship above
named, then & in that event I do appoint my son John Smith, giving him the same
power as is given to Singleton Smith. I do give unto my wife Agness Smith Two
Dollars. I wish my negro woman Grace to be sold by my lawful Executor & the
proceeds to be equally divided between my children, to wit, Fielden Smith,
Nathaniel Smith, Jesse Smith, Larkin Smith, John Smith, Singleton Smith, William
Smith, Westley Smith, Eppy Smith. I do nominate & appoint James Carpenter,
Executor to this my Last Will and Testament, given him full power & authority to
act & manage my Estate according to the tenor of this my Last Will & Testament,
and I do hereby revoke & disannul all former Wills & Bequeaths, rattifying &
confirming this my Last Will & Testament. In witness whereof I do set my hand
and seal this Fourteenth day of June 1841.
John Highsmith                       John Smith (Seal)
Richmond Skelton
Barnabas Barron

Georgia                    Court of Ordinary, September Term 1841
Elbert County              Personally came into open Court Richmond Skelton &
                           Barnabas Barron, and being sworn, saith that they
were present and saw John Smith, dec'd, sign the within instrument of writing as
his Last Will and Testament. That they together with John Highsmith signed the
same as Witnesses in the presence of the Testator and at his request, and in
presence of each other, and that they believe the said Testator was of sound
mind at the time he executed the same. Sworn to in open Court this
6th September 1841                  Barnabas Barron
Attest Wm B. Nelms  cco             Richmond Skelton

Georgia         Court of Ordinary, September Term, 1841
Elbert County   Ordered by the Court that the written will be
                Recorded 6th September 1841.

Attest Wm B. Nelms    cco

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