Washington County Virginia USGenWeb Archives Wills.....SMITH {SMYTH}, DAVID November 3, 1811 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: JANE SMYTHE PARKS JRGRS1@AOL.COM October 22, 2012, 12:36 am Source: Washington County Circuit Miscellaneous Written: November 3, 1811 Recorded: August 16, 1814 IN THE NAME OF GOD AMEN I DAVID SMITH OF THE COUNTY OF WASHINGTON AND THE STATE OF VIRGINIA BEING VERY SICK AND WEAK IN BODY BUT OF PERFECT MIND AND MEMORY THANKS BE GIVEN UNTO GOD FOR THE SAME, CALLING UNTO MIND THE MORTALITY OF MY BODY AND KNOWING THAT IT IS APPOINTED FOR ALL MEN ONCE TO DIE, I DO MAKE AND ORDAIN THIS MY LAST WILL & TESTEMENT. THAT IS TO SAY PRINCIPALLY AND FIRST OF ALL I GIVE AND RECOMMEND MY SOUL INTO THE HANDS OF THE ALMIGHTY GOD THAT GAVE IT AND MY BODY I RECOMMEND TO THE EARTH TO BE BURIED IN A DECENT CHRISTIAN BURIAL AT THE DISCRETION OF MY EXECUTORS AND AS TOUCHING SUCH WORLDY ESTATE WHEREWITH IT HATH PLEASED GOD TO BLESS ME IN THIS LIFE I GIVE DEMISE AND DISPOSE OF THE SAME IN THE FOLLOWING MANNER AND FORM. FIRST I GIVE AND BEQUETH TO SARAH MY DEARLY BELOVED WIFE HER MAINTAIANCE OF OF THE LAND I NOW OCCUPY., NAMELY THE PLANTATION I KNOW LIVE UPON I FUTHER GIVE AND DEMISE UNTO HER ONE NEGRO GIRL NAMED LUCY ALSO A NEGRO BOY NAMED ALLIN, I FUTHER GIVE UNTO HER, HER CHOICE OF THE HORSES NOW IN MY POSSESION, ONE FOURTH OF THE HOGS AND ONE FOURTH OF THE MONEY THAT IS NOW OWING TO ME. I ALSO GIVE UNTO HER TWO BEDS & FUNITURE ATTACHED OR BELONGING TO THEM. I FUTHER GIVE AND BEQUETH UNTO HER ONE TABLE, ONE DESK, THE CUBBOARD AND HALF OF THE FUNITURE ATTACHED OR BELONGING TO IT AND ALSO HALF OF THE KITCHEN FUNITURE. I ALSO GIVE UNTO HER ONE WHEEL, ONE SADDLE & ONE LOOM & ATACHLINGS ALL THE AFORSAID ABOVE NAMED. PROPERTY TO BE LEVIED OUT OF MY ESTATE FOR HER BENEFIT & SUPPORT DURING HER NATURAL LIFE OR WIDOWHOOD & AT HER DESCEASE THE NEGRO BOY NAMED ALLIN TO GO TO MY SON JONATHAN'S ELDEST SON NAMED DAVID RADFORD, AND LUCY THE NEGRO GIRL TO JONATHAN HIMSELF. ALSO I GIVE AND BEQUETH TO MY BELOVED SON ENOCH SMITH ONE PLANTATION THAT HE SOLD TO WILLIAM WILLIAMS ALSO ONE NEGRO FELLOW NAMED BIL ONE THIRD OF THE HORSES AFTER THE CHOICE ABOVE MENTIONED IS TAKEN OUT, ONE FOURTH OF THE HORNED CATTLE ALSO ONE FOURTH OF THE SHEEP ONE FOURTH OF THE HOGS ONE FOURTH OF THE MONEY THAT IS NOW OWEING TO ME. ONE BED AND FUNITURE ONE THIRD OF THE FARMING UTINSELS AND OTHER IMPLEMENTS ATTACHED TO OR BELONGING TO THE PREMISIS OR ESTATE. ALSO I GIVE TO MY WELL BELOVED DAUGHTER HANNAH THE PLANTATION FORMERLY THE PROPERTY OF NATHATN RICHARDSON, ONE NEGRO GIRL NAMED NANCE ONE NEGRO WOMAN NAMED DINAH ALSO ONE CHILD NAMED MORRIS, ONE THIRD OF THE HORSES AFTER THE AFORESAID CHOICE IS TAKEN OUT AND ONE FOURTH OF THE HORNED CATTLE ONE FOURTH OF THE SHEEP ONE FOURTH OF THE HOGS ALSO ONE FOURTH OF THE MONEY THAT IS NOW OWING TO ME. ONE BED AND FURNITURE ONE THIRD OF THE FARMING UTENSELS AND OTHER IMPLEMENTS ATTACHED TO OR BELONGIONG TO SAID ESTATE OR PREMISES. I ALSO GIVE AND BEQUETH TO MY WELL BELOVED SON JONATHAN SMITH THE PLANTATION WHERON I NOW LIVE ONE NEGRO BOY NAMED THOMAS AND ONE NEGRO BOY NAMED JOHN AND ONE THIRD PART OF THE HORSES AFTER THE AFORESAID CHOICE IS TAKEN OUT FOURTH PART OF THE HORNED CATTLE ONE FOURTH OF THE SHEEP AND ONE FOURTH OF THE HOGS ONE FOURTH OF THE MONEY THAT IS NOW OWING TO ME ONE BED AND FURNITURE ALSO THE THIRD PART OF THE FARMING UTENSELS AND OTHER IMPLEMENTS ATTACHED TO OR BELONGING TO THE ESTATE OR PREMISES. I ALSO WILL INSTITUTE DEMISE ORDAIN AND APPOINT THAT THE PLANTATION MY SON JONATHAN NOW OCCUPIES TO BE RENTED OUT AND THE RENT OF THE SAME TO BE DIVIDED EQUALLY OR THE PLANTATION TO BE ONE HUNDRED DOLLARS PAID TO ENOCH SMITH'S SON DAVID OUT OF THE PRICE AND ONE HUNDRED DOLLARS TO BE PAID TO TO WILLIAM WORSHAM'S SON DAVID THE TWO HUNDRED DOLLARS TO BE LEVIED OUT OF THE PRICE OF THE PLACE FOR THE ABOVE MENTIONED HEIRS AND THE BALANCE OF THE PRICE OF SAID PLACE TO BE DIVED EQUALLY BETWEEN MY SON ENOCH, HANNAH & JONATHAN. I FUTHER INSTITUTE ORDAIN AND APPOINT THAT ENOCH SMITH, WILLIAM WORSHAM & JONATHAN SMITH TO BE THE SOLE EXECUTORS OF THIS MY LAST WILL & TESTEMENT AND I FUTHER ORDAIN THAT IF EITHER OF THEM SHOULD BE DISATISFIED HEREAFTER OR ALL OF THEM DISAGREE OR DISAPROVE OF THE AFFAIR THAT THEY WOULD EACH OF THEM CHOOSE A MAN AND THING AFFAIR OR DISPUTE MADE UP MUTUALLY WITHOUT COST OR TROUBLE AND I DO HEREBY UTTERLY DISALLOW REVOKE AND DISAVUAL ALL AND EVERY OTHER TESTAMENT WILLS & LEGACIES BEQUEATHS AND CONFIRM THIS AND NO OTHER TO BE MY LAST WILL AND TESTAMENT, IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND SEAL THIS THIRD DAY OF NOVEMBER IN THE YEAR OF OUR LORD EIGHTEEN HUNDRED AND ELEVEN. DAVID SMITH(HIS MARK) TESTE JOHN BUCHANAN CHRISTIAN HENNINGER JAMES ELLIS AT A COURT HELD FOR WASHINGTON COUNTY THE 16TH DAY OF AUGUST 1814 THE LAST WILL AND TESTEMENT OF DAVID SMITH DEC. WAS EX HIBITED INTO COURT AND PROVEN BY THE OATH OF JAMES ELLIS ONE OF THE SUBSCRIBING WITNESSES THERE TO AND AT A COURT HELD FOR THE SAID COUNTY THE 20TH DAY OF SEPTEMBER 1814 THE LAST WILL AND TESTEMENT OF DAVID SMIT DEC. WAS FUTHER PROVED IN COUIRT BY THE OTAH OF JOHN BUCHANNAM A SUBSCRIBING WITNESS THERETO AND ORDERED TO BE RECORDED. TESTE D. CAMPBELL File at: http://files.usgwarchives.net/va/washington/wills/smithsmy68nwl.txt This file has been created by a form at http://www.genrecords.net/vafiles/ File size: 5.6 Kb