Fauquier County Wills William R Smith Will ****************************************************************** ****************************************************************** 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 William R Smith of the County of Fauquier considering the uncertainty of this mortal life but now of sound disposing mind and memory do make this my last Will and Testament in the manner and form following. - - -First, I desire that all just debts and burial expenses be paid and that no part of personal estate be exposed to sale all my said property to be divided by just evaluation. Secondly, I confirm all that I have given my sons. Joseph B Smith, William, Henry, Robert, Richard, Edwin and Anderson Doniphan and they are to have no other part of my estate ( except William he is to have my watch) Thirdly I confirm that my daughter Ann E Nutt all that I have heretofore given her. I give and bequeath to my son Edwin Smith the sum of five hundred dollars two years is allowed my Executors after my death to pay it in without interest. In trust nevertheless for the benefit of my daughter Ann E Nutt as a fund to be put to interest for her sole use and benefit during her natural life and in no way to be liable for debts of her husband or in any way subject to his control and a the death of said daughter she may dispose of this sum to her children as SHE may think proper and should she outlive her husband she may draw and dispose of this fund as she may think proper. Fourthly I give and bequeath to my daughter Elizabeth C. Hunton my negro man Adam and confirm that I have heretofore given her. I also gave her all debts that is due me from the Estate of William G Hunton deceased her late husband which is secured by deeds of Trust of record in the Office of County Court of Fauquier and she is to have no other part of my estate. Fifthly I confirm all that I have given to my son James M Smith and he is to have the further sum of six hundred dollars in two years after my death unless I may or shall pay it before and he is to have no other part of my Estate. Sixthly, I confirm all that I have given my daughter Lucy Blackwell and I bequeath to her the further sum of six hundred dollars to be paid to her by my Executor within two years after my death and if the money cannot be paid then property may be taken in lieu of money at fair valuation and she is to have no other part of my estate. Eightly I give and confirm to my daughter Agnes C Smith a negro girl named Alamedia. The small carriage the bay mare called Flora, bed and furniture, case of drawers and my Executor is to return or place in safe hands for the benefit of said daughter. Agnes C the sum of three thousand eight hundred dollars as this sum of money is to be raised from that part of my estate which I shall leave to Benjamin F and Issac E Smith. If they pay the Interest annually thy have five years to pay the principle and when paid over to my Executors they shall cause the same to be placed on interest in safe hands and the interest to be applied for the benefit of my said daughter during her natural life and at her death the principle to go to her children as she may think proper to give and if no child to revert back to my children or their heirs or she may will to any of them as she may think proper and she is to have not other part of my estate. Ninthly I confirm all that I have heretofore given my daughter Mary F Lawson and the several sums of money which I loaned her husband Thos N. Lawson as show below. First bond bear: date the 15th Nov 1848. The second dated 25 of December 1848--third dated the 21st of Feb 1850 fourth December 1851 for one hundred dollars Decr 29 1852 fifth bond for one hundred more March 28, 1856 for four hundred dollars. The first tow bonds named above were for three hundred each and third for two hundred. I give the use and benefit of this money due me to my said daughter during her natural life and at her death, the same shall be equally divided amongst her children. Should she out live her husband then and in that case the right shall belong to her after his death to do as chooses with and is to have no other part of my Estate. Tenthly I give and bequeath to my son Albert G. Smith in addition to what I have already given him the sum of twelve hundred dollars and discharge him from the obligation to his bond which I hold for two thousand dollars and he is to have no other part of Estate.---------- As to the balance of my estate I desire that my beloved wife take her third part or as much as she may desire for a comfortable living during life. And at her death it is to go to my sons Benjamin F and Issac E Smith as well as the rest of my estate both real and personal, which after my said wife shall take her portion they are to take and posses to be equally divided between them. Subject nevertheless to the payment of all just debts and the several sums of money left the older children. I RESERVE ONE FOURTH OF AN ACRE OF LAND FOR A FREE BURYING GROUND FOR ALL MY CHILDREN that chooses to use it) all bonds due crops on hand. Beef Cattle shall be assets in the hands of my executors for the payment of the several legacys due as fast as these funds will enable them. Lastly I do hereby constitute and appoint my sons Joseph B Smith and Benjamin F Smith my whol and sole executors and I desire they the be permitted to qualify without giving security. As witness my hand and seal this day of in the year of our Lord 1856. Acknowledged in the presence of As my last will & testament Wm R SMITH (Seal) The words interlined before on first page at word no - this and late second page to be raised pay the principal - as the be any interlined before assignment. Codicil April 15, 1857 Since writing the foregoing part of my will I have let my son Albert G Smith on the 20th of March 1857 the sum of four hundred dollars which is to be part of the twelve hundred reducing Eight. I hereby add to what I have already given my daughter Agnes an annuity of fifty dollars on each of the tracts or parcels of land which I have given my sons Benjamin and Isaac to be paid annually as long as lives or lives unmarried and in either case the condition is to ceased and she is to have a room in my house and firewood as long as she lives single. Wm R. Smith Fauquier County Court June 22nd 1857 This paper writing purporting to be the last will and testament of William R Smith deceased together with a codicil thereto annexed was this day produced to the court and there being no subscribing witnesses Thereto Willima H Jennings and Armstead Utterback were sworn and severally deposed that they are well acquainted with the hand writing of the testator and that they verily believe the said will and codicil thereto to be wholly written by the testator, thereupon said paper writing with the Codicil thereto are ordered to be recorded as and for the true last will and testament of the said William R. Smith deceased. Benjamin F Smith one of the Executors therin named there upon qualified and gave bond without security, the testator having directed by his will that no security be required of him as such executor and the said testator have left visible estate more than sufficient to pay his just debts. Joseph Blackwell Smith the other Executor therein named. Came into court and refused to take upon himself the burthen of the Execution thereof. Teste Wm H Jennings C.C.