Will: William Smith, 1833 Source: Nelson Co, VA W.B. “E” 1836-1839, p. 65 (Lib of VA Reel #13) Contributor: Anabelle Steelman-Berry -------------------------------------------------------------------------------- I William Smith of County of Nelson and State of Virginia being of sound mind and disposing memory do make and publish this my last will and Testament. Item 1st. I give unto my wife Elizabeth Smith all my estate both real and personal, except what is herein after disposed of, to contribute to all or any of my children, before or at her death as she may think proper. Item 2nd. I have heretofore given my son Charles between seven and eight hundred dollars, two Negro slaves Peter & Peyton, which gifts I do hereby confirm. I also relinquish all claims which I have against him for accounts. Item 3rd. I have heretofore given to my daughter Mary Walters two Negroes, Jane & Matilda, and paid in part for Tom, between two and three hundred dollars in money together with other perishable property, the gift of which property I do hereby confirm. Item 4th. I have heretofore given to my son Joel three slaves, Robbin, Betsey and her child, also five hundred & thirty five dollars in money together with other perishable property, which gift I do hereby confirm. I also leave to my said son Joel my Negro man Sam, and the sum of one hundred dollars to make Sam equal to a valuable ___, I also give up all accounts I have against him. Item 5th. I have heretofore given my daughter Sally Rodes five negroes (viz) Johnson, Nicey, Jordan, Malinda, & ___, together with other property which gift I do hereby confirm. Item 6th. I have heretofore given to my daughter Nancy Page one Negro girl Mariah paid Michael Brock three hundred and seventy five dollars, to Nathaniel Landcraft, seven hundred & forty four dollars and given up my _____ her amounting to one hundred & fifty eight dollars, together with other perishable property, all of which I do hereby confirm. Item 7th. I give unto my sons Joel & John M Smith, who I appoint trustees for my son William, my Negro man Wil, Polly, and her two children Betsey and Mary Ann, with their future increase, one feather bed, and furniture, also the sum of one thousand dollars, to [be] used by said trustees for the use and support of my son William. Item 8th. I have given heretofore to my son John M Smith eight hundred & forty dollars in cash, other property amounting to one hundred and sixty dollars. I hereby confirm the gift of the same. I also leave to my said son John M Smith my two Blacksmiths See & Skeler(?) and Blacksmiths tools to him and his heirs forever. Item 9th. I have recently given to my daughter Rody Fitzpatrick my negro man Frank, Sammy, Sally, Richard, Jane, & Lee, horse, bridle and saddle, two feather beds & furniture with sundry other perishable property, the sum of six hundred & eighty five dollars in money, which I intend as a full portion of my estate, to her and hereby direct that she shall receive nothing more from my estate. Item 10th. I have heretofore given to my son Wilson C Smith my tract of land purchased of William Suddarth for which I paid eight hundred pounds, also twelve dollars, in good Bonds, with other perishable property, which gifts I do hereby confirm to him and his heirs forever. Item 11th. Having given to my daughter Lucy Mays the following slaves (viz) ___, Rachael, Ben, Anderson, Nancy, Jim, & ___& Lucinda together with other property the whole estimated at two thousand five hundred dollars, I do hereby confirm the said to her and her heirs forever. Item 12th. I give unto my three grand children, (New Kentucky) William S Page, Mary Ann Callison, & George M Page my negro woman Sarah and her two children Lewis & Jane, Lucinda & Judy, to be equally divided amongst them. I also appoint my grandson William S Page trustee over that portion of my estate which is intended for Mary Ann Callison the same to be used for the benefit of her and her children only. Item 13th. I give unto my grandson Nicholas Page a negro girl Frances, a fine horse, bridle & saddle, one feather bed and furniture to him and his heirs forever. Item 14th. It is my will and I direct that all of my estate which may under any circumstances be received by my daughter Mary Walters, that the same shall return to my heirs or legal representatives at the death of my said daughter and disposed of as directed in the 16th Item. Item 15th. I have heretofore given to my daughter Elizabeth Page (now dec’d) property amounting to one thousand dollars, the gift of which I confirm to her children. Item 16th. Having willed all my estate not herein especially disposed of to my wife, and at her disposal as she may think proper in the event of her not exercising the power which I have herein given her, it is my will that my executors herein after named dispose of all the property in possession of my said wife at her death upon such terms as they may think best and make (?) a distribution of the ___equally among all my children or their heirs by desent, except my daughter Rody Fitzpatrick taking into consideration as near as possible what each of my children have received heretofore and also the Legacy left in trust for my son William to be disposed of as above at his death. Item 17. I reserve one half acre of land above my dwelling house including the present graves, for Burying for white persons, also one half acre on the line between James Woods and myself for Burying Black persons. And lastly, I appoint my sons Charles Smith, Joel Smith and John M Smith executors of this my last will hereby revoking all other wills made by me, in testimony whereof I have hereunto set my hand and affixed my seal this thirtieth day of May Eighteen hundred and thirty three. William Smith Witnesses Jno. W Dickinson L N Ligon James Robertson John B Coles At a court held for Nelson County at the courthouse on the 23rd day of January 1837. The last will and testament of William Smith deceased was this day presented in said court and proved by the oaths of Littleberry N Ligon, John B Coles, and James Robertson three subscribing witnesses hereto and ordered to be recorded. And on the motion of Joel Smith and John M Smith two of the executors named in said will who personally appeared in court and made oath and together with Samuel Harris, John B Coles, and Charles A Smith their securities entered into and acknowledged a bond in the penalty of sixty thousand dollars conditioned according to law, certificate is granted to them for obtaining probat of said will in due form. Note: Further documents show that William Smith, dec’d, was the executor of the will of John Smith, dec’d. ****************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. 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