Wayne County, NC - Wills - BENJAMIN SMITH - 1839 File contributed for use in USGenWeb Archives by Martha Mewborn Marble From a copy of the original In the Name of God, Amen I Benjamin Smith of Wayne County in the State of North Carolina Being of Sound mind and Memory but Knowing that all men must die Doth on this 30th day of July in the year of our Lord One Thousand Eight Hundred and Thirty Nine make ordain and constitute this my last will and Testament in manner and form proving following. Submitting my Soul to God who gave it and my body to be decently buried Item 1st I give unto my son Elijah Smith all the lands I Bought of Gernigan on Walnut Pocoson Item 2nd I give unto my Son Right Smith one hundred acres of land which I Bought of William Whitfield and besides three hundred acres more which I Bought of the Said Whitfield Dec for which he already has a deed Item 3rd having already given my son Matthew Smith the money I sold My Negro boy Tom for, I now give him the money he now owes me as his fair portion of all my estate Item 4th I give unto my daughter Polly Casey fifty Dollar to be Kept in the hands of my herin namd Executor and given to her as she wants it Item 5th I give unto the heirs of my daughter Sally Casey dec two dollars they having already had a portion of my Estate Item 6th I have my Negro woman Nelly to be as free as the law of our State will admit my Son Elijah Smith having the control over her Item 7th - At my death I desire my hereinafter named Executor to make Sale on a credit of Six Months of a part of my lands Beginning where the line between myself and Benja Best corners at the ditch Branch and runs with said Branch to the ditch then with said ditch to the main Road then a adew ? West Corner to the Gernigan line then around the several lines of Elijah Smith, Micajah Casey and Benja Best to the Beginning and the moneys arising from the sales I wish equally divided Between my son Elijah Smith and Penelope Whitfield Item 8th At my death I also desire my said Executor to make sale at the same time and on the same credit the remainder of my lands including where my house is and my Negros Jack and Peter and also my perishable property and the Moneys arising from the Sales (next word not readable) of together with all which may be in hands or due me to be Equally divided Between all my lawful heirs after paying the legacis herein. Excepted and all my just debts and Burial Expenses as Except my son Matthew Smith and Right Smith and one half of Smithy Whitfield and a share be given to Penelope Whitfield Item 9th And lastly I nominate and appoint my son Elijah Smith and Benajah Herring my true and lawful Executors to this my last Will and Testament utterly revoking and Ever disnaming all other will or wills by me heretofor made or causing to be made. In Witness whereof I have hereunto set my hand and Seal this day and date first above (signed) Benjamin Smith Seal Witness Taylor Smith John P. (x) Marrin Wayne County May Term 1840 Then was the above will of Benj Smith produced in open court and offered for probate and duly proved by the oath of Taylor Smith a subscribing witness thereto I ordered to be recorded. Elijah Smith one of the Executors therein named appeared and qualified as Executor thereto ordered that letters testimentory issued Jno. A. Green, Clk ============================================================== 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. The 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, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. ==============================================================