Will of Peter Schmidt/Smith, Rowan Co. NC 1767 ****************************************************************** File transcribed and contributed for use in the USGenWeb Archives by Betty A. Pace http://files.usgwarchives.net/nc/rowan/wills/schmdt01.txt 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. ******************************************************************. WILL OF PETER SCHMIDT/SMITH 1767 In the name of God, Amen, I, Peter Smith, of the Parish Luke and County of Rowan & Profince of North Carolina being sick and weak in body but of strong mind and disposing memory, thanks be to Almighty God for the same, and be ??? that it is appointed for all men once to die and knowing that it is for and necessary for to make a proper disposition of what worldly Estate God has seen pleased to besto me with in this Life. I therefore make ordain and establish this & no other to be my last Will & Testament and therefore I do recommend and resign my soul into the Hands of Almighty God who gave it me and my Body to ?? Earth to be buried in a decent manner according to the descretion of my executors herein after named and as to my worldly Estates, I give & bequeath in manner and form following. Them I give * bequath unto my beloved wife one sorrel pacing gelding now in my ?possession? , feather bed & furniture, two cows & calves an iron pott and frying pan, her own riding saddle, my teakettle, two pewter basons & 6 plates to her and her heirs or alsigns forever. Item, I do here by order my Executors that in a convenient time after my demise to make sale of all my ?land? goods and chattles wherewith I am now possessed of or shall be at my decease except what I have reserved to my wife as before mentioned to be equally divided my children as follows: viz George, Peter, John, Margret, Mary, Susanna, Elizabeth, Magdelen and my grandchildren begotten on the body of Eve my daughter by John Adams deceased viz, John, George, Peter, Barbara & Susanna Adams, that is to say the whole remainder after d??? first one third part out for the use of my said wife to be divided into nine parts of equal portions amgnst my said Children and Grandchildren as above mentioned. The part and shear that may happen to my said grandchildren to be equaly divided by my said executors between them on the Survivers of them the whole to be laid out to Intrest for their use until they shall arrive at lawful age or marry. And in case that Christopher Knatzer should deceas before my said grandchildren arrive to age that my said Executors pay unto Eve my Daughter and wife of said Knatzer one half part of such money as will be coming to my said grandchildren, that is to say one half part of what may remain, unapropriated or given before to my said grandchildren at any time after the decease of the said Christopher Knatzer. I do order & direct my said executors to put that part or share that may happen to come to my son John to Interest to ??? and retain the whole in trust own ??? until he shall marry or otherwise ?? himself in a regular & industerous manner, I will and order that my said Executors shall pay all my lawful debts that may ?? ?? at my decease before any division may be made ??? said Estate & in case my said ???wife??? decease I will and ??? what part of my said Estate that may remain in her hand at her decease may be equally divided between my said ??? _______________________ by even & equal portions. And in case that my son, Peter should be cast in a suit commenced by Margret Bifle?? against him in the Superior Court of Salisbury that ?/ Cost and Damages that shall in any wise accrue to him in said suit to be paid out by my executors out of that part of share that was or may happen to fall to my son John out of my said Estate. And I do hereby ruminate constitute and appoint my trusty Friend James Carson & my beloved sons, George Smith & Richard Walton, Executors of this my last Will & Testament hereby revoaking ??? & making void all former Wills be made ??? and confirming this and no other to be my last Will & Testament in Witness whereof I have hereunto set my Hand & sale this nineteenth Day of September, 1767. Witnesses James Carson Rachel Hamton?? Mary Vann?? John Dunn Feb 7, 1775: The will of Peter Smith is proved by (blank). "Ordered by the Court That Letters of Testimentory issue to George Smith and Richard Walton upon the Estate of Peter Smith deceased, who were Qualified according to Law". Aug. 9 1769: The will of Peter Smith is produced to be recorded, dated Sept. 19, 1767, & "is acknowledged" by the Said Peter Smith in Person as his last Will and Testament. This will (Book A page 150) made Sept. 19, 1767 while sick. Wife ________________. Children: George, Peter, John, Margret, Mary, Elizabeth, Eve Knatser & Magdalen. A legacy to the children of Eve if Christopher Knatzer should die before they are of age. Grandchildren: John, George, Peter & Barbara Adams (children of deceased John Adams). Cost of a suit to be paid should Margaret Befle sue Peter. Exrs: James Carson & my sons George Smith and Richard Walton. Witnesses: Jas. Carson, Mary & John Dunn & Rachael Hampton.