The Will of Mary Smith [Will Book 6 page 141] 1855 ******************************************************************* USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. File submitted by Patti Smith Lamb These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, 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. Return to the NCGenWeb Archives Table of Contents http://www.usgwarchives.net/nc/ncfiles.htm#NC ****************************************************************** I, Mary Smith, of the County of Anson and State of North Carolina knowing the uncertainty of this life, and being of sound mind and memory, do make and publish this my last will and testament in manner and form as follows: Item 1st. I will and desire that my Executors herein after named bury my body in a manner suitable to the wishes of my surviving friends and relations and defray the expenses thereof, and pay all my just debts out of the first money coming into their hands arriving from my Estate. Item 2nd I give and bequeath to my sons Philip G. Smith, Thomas J. Smith and William C. Smith all the plantation and tract of land on which I now reside it being the same devised to me by the last will and Testament of my Husband James Smith dec'd including my mansion house and all the appartinant buildings; (with the exception herein after made in favor of my daughter Ellen F. Meachum, to be valued and divided equally amongst them.- William C. Smith to have his portion adjoining his own land, which portion will include my residence and other buildings; and this I give and bequeath to him and his heir absolutely and forever. Item 3rd I give and bequeath to my Executos a tract or parcel of land alluded to in the exception in Item 2nd beginning in the road leading from the Stanback Ferry Road to Samuel Smith's Jr. on the line of a 15 acre tract devised to my daughter Ellen F. Meachum by my husband, and running with said road towards the ? of Samuel Smith's Jr. with it intersects Presley. N. Ingram's line, then running with his line to the Stanback's Ferry Road, then with said road to the line of the 15 acre tract, named above, then with the line of said 15 acre tract to the beginning. In trust for the sole and separate use and benefit of my daughter Ellen F. Meachum and not to be liable for the debts or contracts of her husband. And after her death to be equally divided among her children. And if either or any of her children shall die before the time of her death, then the issue of such child, if any, shall take the share that would have fallen to the parent. And in case she, the said Ellen F. Meachum shall die leaving no issue then the said land shall compose a part of my estate and be divided accodring to the ___? claim of this my will herein after expressed. Item 4th It is my will and desire that all the property on the premises at the time of my death shall remain for the purpose of cultivating & gathering the crop which may be thereon; after which I give and bequeath to Mary Kirby (my daughter) to my sons Philip G. Smith, Thomas J. Smith and William C. Smith, and to my daughters Sarah Boggan, Harriet Deberry, Eliza Thomas, Ellen F. Meachum and Wincy Caraway all my negro property that I may be possessed of at my death, except two old negroes Fereby & Rosa, to be eqaully divided among them. And it is my will and desire that my executors make said division as follows; to wit: To select three disquished, prudent, and discreet men to find valuation and form lots of said negros, which lots are to be drawn by the hand of a child; and after the lots are drawn that Rosa is to go with Zilphia her daughter, and Fereby with her husband Ned. And the lots that fall to my said daughters Sarah Boggan, Harriet Deberry, Ellen F. Meachum, Eliza Thomas, and Wincey Caraway shall be in the hands of my Executors for their sole and separate use and benefit under the same limitations and restrictions as set forth in Item 3rd. Item 5th I give and bequeath to my son William C. Smith the entire crop that may be growing on my plantation at the time of my death, or that may be gathered, the negroes, stock, provisions, tools, remiaing on the farm until the same be completed, except Two Hundred dollars which is to be paid by the said William C. Smith to my daughter Wincey Caraway as she may want or desire it. Item 6th It is my will and desire that all the residue of my estate shall be sold by my executors and the proceeds to be equally divided among my several sons and daughters named in Item 4th and the portions going to my daughters Sarah Boggan, Harriet Deberry, Ellen F. Meachum, Eliza Thomas, and Wincey Caraway to be in the hands of my executors under the same limitations and restrictions as set forth in Item 3rd. And lastly- i do hereby constitute and appoint my three sons, Philip G. Smith, Thomas J. Smith, and William C. Smith my lawful executors to all entirely with purposes to execute this my last Will and Testament acording to the true intent and meaning of the same, and every part and clause thereof __ hereby revoking and declaring utterly void all other Wills & Testaments by me herefore made. In witness whereof I the said Mary Smith do hereby set my hand and seal, this fifteenth day of June 1855. Mary Smith (Seal) Signed sealed published and ) declared by the said Mary Smith, ) to be her last Will and Testatment in ) the presence of us, who at her ) request and in her presence ) do subsribe our names as ) witnessing thereto.) John G Smith H Y Howze Codicil to the above will State of North Carolina Anson County Jany 17, 1859 I Mary Smith being of sound mind & good memory & in the front of God, make the following Codicil to the above will. I give & bequeath to my daughters Mary Kirby, Sarah Boggan, Harriet Deberry, Eliza C. Thoma,s, Wincey Caraway, the tract of land known as the King (?) land lying on the ----? Creek, purchased by myself from Gid W. Meachum, subject to the same limitations & restrictions as in Item the third of my forgoing will and last testament except in the case of my daughter Mary (or May) Kirby whose portion is to be given to her absolutely and forever. In witness whereof I the said Mary Smith do herewith set my hand and seal this the sevententh of January & in the year of our Lord One Thousand eight hundred & fifty nine. Signed Sealed published and delivered by the said Mary Smith to be codicil to the foregoing will dated June 15, 1855 in the presence of us who at her request & in her presence do suscribe ourselves as witnesses thereto. Test. Mary Smith (Seal) John G. Smith H Y Howze State of North Carolina Court of Pleas and Quarter Session Anson County April Term 1859 Then the forgoing last Will and testatment and the codicil thereof of Mary Smith was exhibited in open court and duly proven in open court by the oaths of Dr John G. Smith and H Y Houze the two subscribing witnesses thereto and ordered to be recorded- When Philip G. Smith one of the Executors therein named was duly gualified as executor to execute said will & testatment and obtained ? Testimony. Coppedge, clerk Thank you, Patti Smith Lamb