Wayne County, NC - Will of Thomas R. Smith, 1870

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State of North Carolina
Wayne County
Know all men by these presents, that I, THOMAS R. SMITH of the state 
and county aforesaid, being of sound mind and memory, and knowing that 
it is appointed unto man to die, do make and ordain this my last will 
and testament in manner and form following. Viz:,
ITEM 1ST  I give and bequeath unto ELIZABETH JOHN ELMORE, RICHARD GREEN 
ELMORE and POLLY ANN ELMORE heirs of ZILPHA ELMORE and HENRIETTA 
JOHNSON daughter of WESLY JOHNSON and one in prospective not yet borned 
of the body of ZILPHA ELMORE, which said heir if living shall be 
considered equal with those above named, all the property that I may 
die seized and possessed of after paying my just and legal debts after 
the death of ZILPHA ELMORE, whom I lend 100 acres of land to be set off 
to her so as to include the buildings and improvements, together with a 
sufficient amount of provisions to serve her and family one year. Said 
land and provisions to be set off by commissioners appointed by the 
court. After her said ZILPHA'S death, said land falls back in common to 
the within named heirs to be equally divided among the several named 
heirs which division includes all my property of every manner and 
nature.
ITEM 2ND  My will and desire is that if either of the within mentioned 
heirs shall die without lawful issue his or her share of my estate 
returns back to those living and if all die without a lawful heir that 
the whole estate reverts and comes back to the heirs of JOHN SMITH, 
deceased Viz; ELIZABETH GARDNER, JOSIAH SMITH, JAMES SMITH and JOHN ANN 
SMITH.
ITEM 3RD  My will and desire is that all former wills or testaments 
heretofore made is hereby revoked and made null and void.
ITEM 4TH  I hereby make and ordain my esteemed friend WILLIAM T. 
GARDNER executor of this my last Will and Testament. In testimony 
whereof I have hereunto  set my hand and seal the 17th day of April in 
the year A.D. 1866
Test                                          THOS. R. SMITH  Seal
JAMES M. GARDNER
ABRAM H. HILL

Probate May 10, 1870

Wills 1776-1927
CR 103.801.15
Folder 1870 - Thomas Smith
NC State Archives, Raleigh, NC

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