HAYWOOD COUNTY, NC - WILLS - Levi Smathers, 20 Dec 1895
====================================================================
     USGENWEB NOTICE: In keeping with our policy of providing
         free information on the Internet, data may be used by
         non-commercial entities, as long as this message
         remains on all copied material. These electronic
         pages may NOT be reproduced in any format for profit
         or for presentation by other persons or organizations.

         Persons or organizations desiring to use this material
         for purposes other than stated above must obtain the
         written consent of the file contributor.
		
	 The submitter has given permission to the USGenWeb Archives
	 to store the file permanently for free access.

         This file was contributed for use in the USGenWeb
         Archives by: Wayne Smathers	smathers@usit.net
====================================================================
State of North Carolina,
	Haywood County.
I, Levi Smathers of Clyde & County and State aforesaid being of sound and 
disposing mind and memory, but considering the uncertainty of my earthly 
existence do make and declare this my last will and testament in the manner 
and form following that is to say: --
First, That my executor (hereinafter named) shall provide for my body a decent 
burial suitable to the wishes of my relatives and friends and pay all funeral 
expenses together with my first debts, however and to whomever owing out of 
the moneys that may first come into his hands as a part or parcel of my 
estate.
Second: I give and devise to my beloved wife a comfortable support by dower or 
otherwise out of my estate to take care of her through the remaining portion 
of her life should she survive myself.
Third: I give and bequeath to my daughter Mrs. Nancy Haynes all my right title 
and interest in the mountain lands owned by myself (and the late H. P. Haynes) 
which we bought from the Love’s, Imans’s and others; also I will that (she 
Mrs. Nancy Haynes) be paid the sum of Thirty five Hundred Dollars in cash or 
solvent notes out of my assets, this to be credited and paid over to her by my 
executor hereinafter named.
Fourth: I give and devise to my son D. I. L. Smathers and my grandson (Willie) 
Smathers the little corn mill together with the tract of land belonging 
thereunto, situated on the old Camp Ground branch and known as the Sellers 
mill sometimes there being Twenty five acres in this tract.
Fifth: I give and devise that my two sons Charles L. Smathers and D. I. L. 
Smathers shall have the remaining portion of my estate of whatsoever 
character, not otherwise disposed of in this will: and that the said Charles 
L. Smathers  and D. I. L. Smathers shall be equal in the remainder of my 
estate not heretofore disposed of in this my will. And if they cannot amicable 
divide the assets my executor shall have five per cent for collecting and 
paying over the same as directed in my will.
Sixth: Provided that this whole estate hereunto mentioned shall be subject, 
under the operations of this will, to my legitimate expenses incurred by the 
Serious and protracted illness of myself or my dear wife---This clause is 
incorporated in this my will in order to secure to us the comforts and proper 
care and attention due us in our declining years and must be defrayed equally 
by my dear children out of all the assets I may have when I am called away.


My reasons for so arranging this is as follows, vig: First, the reason I have 
given Willie Smathers property is that he has been partly raised by me, having 
lost his mother when quite young, and he has been a dutiful grandson and been 
very kind to me and I feel an interest in his success.
Second: The lands heretofore given to Nancy Haynes I consider well worth Five 
thousand Dollars and I value the mountain lands given her today at Fifteen 
Hundred Dollars.
Then at a former time I gave her One Thousand Dollars and today in this will 
(Heretofore mentioned) I have given her thirty five hundred Dollars to be paid 
after my death; making in all Twelve thousand that I have given to her at 
Sundry times; And since the first tract was given to her the town of Clyde has 
largely grown up on her lands which gave her advantage over my two sons 
subsequently.
Third: My two sons by their united help have greatly aided me to accumulate 
the property I have. By their advise and encouragement and actual help, they 
have in many ways, done more for me than my daughter Nancy Haynes could have 
done.   
And lastly, I do constitute and appoint my trusty and dutiful son D. I. L. 
Smathers my lawful executor to all intent and meaning of the same and every 
part and clause thereof. Thereby revoking and declaring utterly void all other 
wills and testaments by me heretofore made. In witness whereof I’the said Levi 
Smathers do hereunto set my hand and seal. This 20th day of December 1895.

							Levi Smathers (Seal)
Signed, Sealed, published
and declared by the said
Levi Smathers to be his
last will and testament
in the presence of us—
who at his request and
in his presence do subscribe
our names as witnesses thereto
Day and date above.
		
H.  A. Wells (Seal)
T. L. Green (Seal)