WILL of JOHN SMITH, dated 16 February 1809 Monroe County will book 1A, page 159 simtech@bigfoot.com Punctuations & spellings are as in the original 159 "In the name of God Amen I John Smith of the county of Monroe and State of Virginia being sick and weak in body but of sound mind and disposing memory for which I thank God and calling to mind that it is appointed for all men to die, and being desirous to dispose of such estate as it hath pleased God to bless me with, I give and bequeath the same in manner following to wit I desire that after my decease that my body be Buried in a decent Christian like manner at the discretion of my Executor. After my just Debts & funeral expenses are paid, I give to my beloved wife Catherine trhe East end of the Tract if Land whereon I now live including the dwelling House and to that part whereon Samuel Lee lived, the said to be divided as followeth to wit. Beginning at three Black Oaks (Standing outside of the line on the right hand of the path, over the Timber Ridge near a sink hole as you go towards where William Arnot now lives) Marked on the South side with too Notches & a blaze on the Northside thence towards a South Course up to the outward fence oppo site the division fence on the top of the Ridge thence along said division fence that formerly divided Samuel Lee,s farm from his Fathers Purmot Lee,s farm to follow said Ridge towards Peters Mountain until you come to a high part & where said Ridge Make a turn, from thence a Straight line by the cabin that Robert W. Harvey used to own to the outward line under Peters Mountain, to the sole use of her the said Catherine, during her natural life, Also I give to said Catherine her choice of the two Mares with a Saddle & Bridle, her choice of two milk cows, the one half of the Sheep & Hogs, her choice of one iron pot & one Dutch Oven, all the household furniture collected since our Marriage, her choice of one plow, one ax, one Malaxh, one broadhoe with all & every other farming & cooking utensial not enumerated, and after her Decease the Land and every other species of property that is will,d to her is to be equally 160 divided between her three Chilldren Christopher, Charles & Margaret. I desire that the other part of my Land not bequeathed to my wife, to wit, The west end of Said Tract & where Permut Lee resided by Rented and untill the youngest of my other children of of Lawfull age, to wit, Samuel, James, George, William & Joseph, and the said Rents to be applied equally to their use and Bennefit and as soon as my Son Joseph come of Lawfull Age the Said Land is to be Equally divided between the Said five children, to wit, Samuel, James, George, William & Joseph. I desire that the Residue of my personal Estate this is not bequeathed to my wife to be sold at Twelve Months credit and of the the Sale thereof, First my just Debts to be paid Secondly my Wife Catherine to have a secent Suit of Mourning. Suitable to her condition, and thirdly Should there be any thing Remaining of the amount of Said Sale to be Equally divided between my five Children, to with, Samuel, George, James, William & Joseph, and lastly I appoint my beloved wife Catha -rine as Executrix and my two Friends Robert M Hutcha -son and George Smith as Executors to this my Will & Testament. In Witness, whereof I have hereunto set my hand & affixed my Seal this 16th Day of February 1809. Test. John Smith (Seal) WllHaynes (looks like) Owen Niel See will Book No.2. Land divided & which is recorded. on paged 67. (note: this is written in a different hand but is on the original will) At Monroe May Court 1809. This las will and testament of John Smith dec,d was presented in court and proven by the oath of William Haynes and Subscribing witness thereto and continued for further proof. A copy Test. J. Hutchison C,M,C, USGenWeb Project NOTICE: In keeping with our policy of providing free information on the internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may not be reproduced in any format for profit, nor for commercial presentation by any other organization. Persons or organizations desiring to use this material for purposes other than as stated above, must obtain express written permission from the author, or the submitter and from the listed USGenWeb Project archivist.