The Will of George Smith Claiborne Parish, Louisiana Washington County, Georgia September 1834 Submitted for the LAGenWeb Archives by: Charles W. Barnum, 1068 Pinewood Dr., Sparks NV 89434 Date: Jan. 2000 ********************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ********************************************** - Jim Burton, Probate Judge, Wilkes County, 23 East Court Street, Rm 422, Washington, GA: pages 365, 366, 367, 368, & 369. Georgia} In the name of God Amen Wilkes Co.} I George Smith of the state and county aforesaid do make constitute and ordain this my last will and testament in manner and form following vez. ITEM 1st: On account of the inconvenience and problems that females and orphans are sometimes exposed to after the death of the husband and father and that injury and waste not infrequently attends their property, it is my particular desire to secure and protect my beloved wife Mary Smith and my young son George Blakey Smith against all and every causality of like nature so far as it can be effected by my own precaution or through the kind agency of friends to this, and therefore, I relinquish unto my beloved wife Mary Smith all the interest which I may be entitled to by virtue of my intermarriage with her in the estate of her Father John Menzies(or Menzur) late of Rockingham County and the state of North Carolina died together with all claims which I may have to a certain yellow boy* named Jerry who was brought unto my possession by the aforesaid intermarriage under the Executor of the above named John Menzies giving a receipt for him to my Executor releasing my estate from responsibility. I further give and bequeath to my beloved wife Mary Smith out of our estate one Negro girl known in the family by Little Eliza, and one hundred dollars worth of household and kitchen furniture of her own selection at that approximate value and twenty five barrels of cane also the carriage, harness, and pair of horses that march the same, two cows and calves of her own selection and choice of two sows and pigs. I further give and bequeath unto my beloved wife Mary Smith two hundred and seventy two acres of land whereon we now live including the dwelling house and all other outter houses, and the spring that we make use of, to be laid off to the north side of my land being or following vez: to the East--by the Northern part--of Charles Lylasso's land and Elbert Smith's land and to the north by land formerly belonging to the Estate of Cola Praydeco and up the branch that divides the land of Joel T. Smith died and myself--and thence on the line that runs onto the hickory X in the field at the Chaffen place on the said mentioned line so far as to include the above mentioned two hundred & twenty five acres of land and running in such from so as to include the aforesaid lines. Should my wife Mary Smith's relatives or any one of them or any other person or persons after my death produce any accounts or any other claim against her, it is my direction that in the account of their being sustained that there be paid out of the legacy duly bequeathed her and or relating to the land and the land and property given her in the ITEM 1, I desire that the same be delivered over to her by my Executor or Executors immediately after the probate of my wife and my property inventoried in order that she may be exempt from further commission with my Executor or Executors or either of them or others or the Court of Ordinary. ITEM 2nd. I give and bequeath unto my son George Blakey Smith the balance of the tract of land now in my occupancy and bequeath to my wife Mary Smith in Item 1st also the following Negroes Vez: Lightfoot, Charles, Laura, and her three children Sam Anderson, & Rose & Nancy, a girl, & forty barrels of corn, five sacks of fodder and one of oats, five head of sheep one half of the plantation tools & his clothes, bed, bedstead and farm land, also three cows and calves, one yearling, also one bay mare by the name of Snap and her colt Terry and one other Iron Gray filly by the name of Foly, also the best yoke of oxen, cart, and yoke and reins. It is my desire that the trustees hereafter named would keep the above Negroes on the farm that I leave to my son George Blakey Smith and work the same the property contained in the Item. I wish to be understood as independent by my son George Blakey Smith my debts of just to be paid out of that remainder of my Estate as hereafter denoted. I constitute and appoint Stephen G. Burnley & Micajah Beddell my true and faithful friends trustees and testamental guardians of my son George Blakey Smith requesting he may be raised in the family of Stephen G. Burnley & Micajah Bedell and trained up to respectfully as they may think best, at any rate to have a good English Education. If Stephen G. Burnley & Micajah Bedell should remove to the new Counties and think it George Blakey Smith's advantage to make sale of his land and purchase him another tract of land in the new counties, they are at liberty to do so. ITEM 3. I give and bequeath unto my grandson Daniel Roberts son of my daughter Amelia Roberts formerly Amelia Smith one Negro boy named Cazeheak? ITEM 4. I give and bequeath unto Elizabeth J. Smith wife of Joel T. Smith died, one Negro girl named Shelly as her own individual property. ITEM 5th. I give to my grandsons as follows vez: to George Smith son of Joel T. Smith, fifty dollars; to Henry R. Smith, twenty five dollars; to George Sanford twenty-five dollars; to the three last named for the purpose of affording them in their education. ITEM 6. It is my particular wish that the above specified legacies be punctually paid to the several legacies named by my Executor or Executors hereafter nominated and appointed. The remainder of my personal property, Negroes excepted, I wish sold and out of the proceeds all of my just debts, if any, be equally divided between M. Burnley wife of Stephen G. Burnley, the children of my deceased son Joel T. Smith including my great granddaughter Frances Louisa Thompson and the children of my daughter Frances Sanford wife of James Sanford. ITEM 7th I wish my two old Negro women Gady and Jenny to reside, if they wish, with my children and be supported by them without any labor on their part unless voluntary. ITEM 8th The remainder of my Negroes not divided it is my wish may be divided into three equal lots as nearly as practical to be drawn for by my daughter Margaret M. Burnley wife of Stephen G. Burnley the children of my deceased son Joel T. Smith including my great granddaughter Frances Louisa Thompson, and the children of my daughter Frances Sanford wife of James Sanford. ITEM 9 And lastly I hereby appoint my trusted friend Stephen G. Burnley, Andrew Culing and Micajah Bedell Executor to this my last will and testament hereby annulling all others by me heretofore made and I set forth publicly and declare this testament as my last will and testament. IN witness hereof--I have here unto set my hand and affix my seal this first day of December 1831. GEO SMITH seal; Signed Sealed and acknowledged by the testator as his last will and testament in presence: Joseph W. Robinson, Mark. Lane; John C. Dyrin Georgia, Wilkes County} Personally appeared in open court Joseph W. Robinson, Mark J. Lane and John C Dyrin the subscribing witnesses the written will who being present say that they saw the testator sign and hand him a acknowledge the amended Instrument of writing to be his last will and testament and at the time of his own doing he was of sound and despairing mind & memory and that they served as witnesses is his presence at his request--and in presence of each other. Sworn to in open Court this 5th day of May 1834 Recorded 5th Sept 1834 Martin A Lane J W Robinson