Wayne County, NC - Will & Estate Records File contributed for use in USGenWeb Archives by Martha Mewborn Marble WILL OF BENJAMIN SMITH SR. Copy of the original sent to me by Robbie Moye. State of North Carolina In the name of God Amen I Benjamin Smith of Wayne County being of Sound and perfect mind and Memmory Blessed be God Do this 20th Day of April 1807 Make this my last will and Testament In manner following that is to Say after all my Just Debts is paid. Item. I give unto my Son William Smith part of my land containing Two hundred and thirty nine acres more or less beginning at the mouth of the poster ?? Branch and runs up said Branch to a White Oak in The Survey thence a long the agreed line Between Arthur Williams and myself thence along the agreed line to the pocoson then with William’s line to Jernegans line thence with Jernigans line to the corner thence along a line that I made between myself, William Smith and my son Allen Smith to another of Jernigans Corner thence along said Jernigans line to a marked line that I myself made between my son William Smith and my son Allen Smith thence with the Said marked line To a White oak on the Creek then ?? thence to the Run of Bare Creek thence up the said Creek to the Beginning. I give the above mentioned land to my son William Smith and his heirs for Ever. Item. I give unto my son Alexander Smith Two hundred acres of land more or less Bounded as followths beginning at the Mouth of the Rode ?? Branch thence up the said Branch to a gum thence with a marked line which I made a dividing line Between my son Alexander Smith and Allen Smith thence with the said marked line to John Roberts line in the pocoson thence along Roberts line to Taylor Benjamin Smiths line thence with the said Smiths line to Jernigans line at the little Hays medder thence along the said line to a white oak a corner tree thence to a pine in my own line thence with my own line to - next two or three words not readable – a corner tree thence to a pine in the – next two words not readable – line thence with my own line to another oak thence to the Run of Bare Creek then up the Run of the said Creek to the beginning. I give the above mentioned land to my son Alexander Smith and his heirs forever. Item. I give unto my son Allen Smith the manner plantation whereon I now live containing Two Hundred and Twenty five acres of land more or less Bounded as followith Beginning at the Run of Bare Creek thence to a White oak on the side of the said Creek thence with the marked line which I made between my son William Smith and my son Allen Smith to Jernigan’s line thence up the said line to a pine a corner - next two words not readable – with line which I made between my son William and my son Allen to another of Jernigans corner thence along Jernigans line to Roberts line thence with Roberts line to a marked line which I made a dividing line between my son Allen and my son Alexander then down the said dividing line to a gum in the Rode Branch thence down the said Branch to the Run of Bare Creek thence up the said creek to the beginning. I give the mentioned land to my son Allen Smith and his heirs forever. Item. I lind unto my beloved wife Tabitha Smith all my Dwelling and out houses and the field thereto adjoining with all the improvements thereto Belonging and the old field over the Branch towards ?? the wood place except one third of the orchard that to my son Allen and my will and Desire that my beloved wife should have the use of the – next word partially gone – support her part of the plantation that – next word partially gone – her ???. I lind unto my beloved wife all my negroes to wit Lettis ?, Ciney, Handy, Dick – could be another word – there – next word not readable – during her widowhood and then to be equally divided between Martha Parker, Polly Rasberry, Nancy Roberts, Alexander Smith and Allen Smith. It is my will and desire is that old Judy should have the right ?? to live with any of the family that she sees fit – next couple of word not readable. Item. I give unto my Daughter Phebe Smith Fifty Dollars besides what I have already given her. Item. I give unto my Daughter Martha Parker five shillings in cash. Item. I give unto my Daughter Polly Rasberry five shillings cash. Item. I give unto my Daughter Nancy Roberts five shillings cask Item. I give unto Bennet Bodie Ten pounds cash. Item. I give unto my son William Smith fifty Dollars cash. Item. I give unto son Bookejab Smith fifty Dollars cash. Item. I lind unto my beloved wife Tabitha Smith all the resedue of my property not mentioned During her widowhood and then to be equally divided between my four Daughters to wit, Phebe Smith, Martha Parker, Polly Rasberry and Nancy Roberts excepted the money and lot which will fall to me by my Brother Matthews estate in the State of Virginia and that after taking out one Hundred and fifty Dollars the Balance to be Equally Divided between all my sons and Daughters. I make and ordain this my last will and Testament and appoint my beloved wife wife, Benjamin Smith Taylor and Alexander Smith my Sole and and??? Executors Revoking all other will by me mde. In witness whereof I have hearunto set my hand and Seal as above written Signed In present of Enterlines ?? before assigned. The aforesaid money – next word not readable – not to be paid during my wife’s widowhood. Signed Benjamin Smith WIT Elijah Smith Mary Williams Recorded June 30th 1808 __________________________________________________________________________ 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. 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