Fauquier County Wills Joseph Smith Will 1793 ****************************************************************** ****************************************************************** File contributed for use in the USGenWeb Archives Posted by Jim Burgess on Mon, 22 Mar 1999 USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. Unauthorized use for commercial ventures expressly prohibited. All information submitted to this project remains - to the extent the law allows - the property of the submitter who, by submitting it, agrees that it may be freely copied but NEVER sold or used in a commercial venture without the knowledge & permission of its rightful owner. 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I Joseph SMITH of the parish of Leeds in the County of Fauquier being weak in body but of sound and perfect mind and memory (blessed to God for the same) do make and publish this my last will and testament in manner & form following (that is to say). I leave and bequeath to my son William two hundred acres of land of the tract I now live on at the upper end of the said trail to him and his heirs forever. I leave and bequeath to my Daughter Mary Burditt one negro boy named Lewis now in her possession and also one negro boy named Edmond to her and her heirs forever. I leave and bequeath to my Daughter Hannah Ball one negro Girl named Shady now in her possession also a negro girl named Winney to her and her heirs forever. I leave and bequeath to my son John one negro boy named David now in his possession also one negro Girl named Dafney and all my wearing apparel, saddle and bridle and one chest that was my fathers to him and his heirs for ever. I leave and bequeath to my Son Rowley one mullattoe boy named Jeremiah now in his possession and one negro girl married Darkey to him and his heirs forever. I leave and bequeath to my son Enoch one negro boy named Daniel now in his possession also one negro boy named James to him and his heirs forever. I leave and bequeath to my Daughter Jane Porter one negro girl named Izza and one negro boy named Peter, now in her possession and three Ews to her and heirs forever. I leave and bequeath to my Daughter Lucy Pepper one negro Girl named Sidia and one negro girl named Ludy the daughter of Lettice and three Ews to her and her heirs forever. I leave and bequeath to my Grandson Abner Smith one negro boy named Matthew, one bay mare which came of a black mare named Dansil, one sadle and bridle, also a Gun that was my fathers and one raso that was his fathers to him and his heirs forever. It is also my desire that my son John Smith may take of my said Grandson and keep him and all that is herein give him until he shall arrive to the age of twenty one years and in case he shal die before that period or leave no heirs of his body lawfully begotten, that it is my desire that my said son John keep the whole forever. I leave and bequeath to my Sister Jean Owen ? ten pounds current money to come out of the remainder of my estate before it is divided and paid by my executors. It also my desire that my said Sister be acquitted and discharged from all debts due to me. I leave and bequest to my Grand Daughter Ruth Smith one negro girl named Heath (being a child of Ameys) also a sorrel colt to her and her heirs forever. I leave and bequeath to my Grand Daughter with alminah one negro girl (not named daughter to Lettice) to her and her heirs forever. It is my will and desire that after all my debts and legaries are first paid that all my estate both real and personal not herein bequeath or given away be equally divided amongst (the following named of my children) to wit Mary Burditt, Hannah Ball, John Smith, Rowley Smith, Enoch Smith, Jean Porter and Lucy Pepper or in case of the death of either and the want of heirs of theirs bodies lawfully begotten before such division shall take place then the part of such deceased be equally divided amongs the survivors of them. It is also my will and desire that my said Daughter Jean Porter shall have negro Lettice to her and her heirs forever she to allow forty five pounds current money but of her dividend of that part of the estate left her in this clause. Lastly I hereby constitute and appoint my sons Rowley Smith, John Smith and John Porter my son in law executors of this my last will and testament revoking all other wills heretofore made. In witness here of I have her unto set my hand and seal this sixth day of January 1793. Test William Dulin David Ball, William D Darnall Joseph Smith (his seal) Benj Ball, Wm Ridding NB It is my desire that Abner Smith shall have the colt that by black mare is now with fold by the grays horse. At a court held for Fauquier County the 25th day of February 1793. This will was proved by the oaths of William Dulin, David Ball and William D. Darnall witnesses thereunto ordered to be recorded. And on the motion of Rowley Smith and John Porter the Executors therein name who made oath and together with William Pickett, Joseph Taylor and Thomas Porter, William Ball and John Smith their securities entered into and acknowledged bond in the penalty of fifteen hundred pounds constitute acknowledged bond in the In the penalty of fifteen hundred pounds con??? Acknowledge as the law directs certificate is granted them for obtaining a probate there on in due form. Teste J Brooke C.C.