Wayne County, NC - Will of Mark Smith Sen., 1809 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ In the Name of God Amen I MARK SMITH SEN. of Wayne County in the State of North Carolina Being very low & weak in body but of perfect ____ memory thanks be given unto God, do make constitute and ordain this to be my last Will and Testament I do Dispose of my Estate in manner & form following To Witt First my Will and Desire is that all my Just debts to be paid out of my Estate and Secondly after my debts are all paid I lend to my beloved Wife REBEKAH SMITH all my Lands & plantation Whereon I now live and all my Stock of horses hogs Cattle & Sheep and all my household goods & furniture During her Natural life or Widowhood and then my Will & Desire is that my two youngest Daughters REBEKAH and CLARKEY SMITH Should have ten pounds apiece out of my Estate more than ZILPHA SMITH and DARKIS THOMPSON to School them with: and then my Will and desire is that after my beloved Wife's death or Marrage (sic) that my four Daughters hereafter mentioned ZILPHA SMITH DARKIS THOMPSON REBEKAH SMITH and CLARKEY SMITH after my debts is paid to have all the Remainder of my Stock of horses hogs Cattle and Sheep and all my household goods and furniture and that to be Equally to be Devided amongst my four Daughters above mentioned by my Executors and if either Daughter Should die without heirs lawfully Begotten of her body my Desire is that their part should be Equally Devided amongst all her Sisters that Shall be living after my Wife's Death or Widow-hood and my Will and Desire is that my three Sons & My three Daughters hearafter mentioned Should have my Land and plantation Where on I now live upon Until my Daughter CLARKEY SMITH Should arrive to the age of Eighteen years Except any of them Should marry which now _____ is RICHARD SMITH, DAWSON SMITH, ALEXANDER SMITH, ZILPHA SMITH, REBEKAH SMITH and CLARKEY SMITH and my Desire is if any of my Sons or Daughters last mentioned Should marry, for the married one or ones not to live on the land nor plantation Whereon I now live: and then my Will and Desire is that after the death or marriage of my Wife REBEKAH SMITH I give and bequeath to my Six Sons hearafter mentioned all my Lands & plantation whereon I now live: HENRY SMITH, MARK SMITH, THOMAS SMITH, RICHARD SMITH, DAWSON SMITH and ALEXANDER SMITH and that to be Equally to be Devided amongst my Six Sons by my Executors. After my three youngest sons hereafter Mentioned has had one Hundred Dollars apiece out of my lands which is to make them equal with my three Eldest Sons for their horses as they had and my three youngest sons is RICHARD SMITH, DAWSON SMITH and ALEXANDER SMITH: and if either of my Sons Should die with out heir lawfully begotten of his Body my Will and Desire is that his part Should be Equally Devided amongst all his Brothers that Shall be living by my Executors: And then my hole and Soul Desire is that my beloved Friends NICHOLAS SMITH and HENRY SMITH Should be my hole and Soul Executors of this my last Will and Testament in Witness Whereof I have this day set my hand and Seal this 11th Day of September 1806 MARK (X) SMITH Seal Signed Sealed published pronounced and Declared by the said Mark Smith Sen. as his last Will and Testament in the presence of us who in his presence and in the presence of each other have hereto Subscribed our Names HENRY JOHNSON NICHOLAS SMITH SEN. SIMON (X) ACOCK HENRY SMITH JR. Probate February Term 1809 Wills 1776-1927 CR 103.801.15 Folder 1809 Mark Smith NC State Archives, Raleigh, NC ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Judy Ginn - judy_ginn@aol.com ______________________________________________________________________