Last Will and Testament of John Smith
transcribed by Sharon Morehart
In the name of god Amen I John Smith Senior ....
to my beloved wife Agnes Smith I give and bequeath the Dwelling and Kitchen where I live all my household furniture and Kitchen utensils together with such a part of my Stock as she may make choice of or think necessary for her own use, and the balance of Said Stock or the proceeds thereof I allow to be applied towards the payments of my daughters portions.
To my son Samuel Smith, I give & bequeath Eighty acres of land lying and being on the western part of my tract together with the Improvements thereon and provided he should be dispossessed of his plantation by the claim that the heirs of Samuel Smalling Decd Pretends to have against it, then I allow my two Sons John and Solomon to him each of them forty acres off there portions of land at some place on my tract of land where the three brothers think most convenient
to my son John, I give the plantation whereon he lives containing one hundred and ninety acres
to my son Solomon, I give one hundred and ninty acres being the plantation on which I Live and
I hereby bind these my two Sons John Smith and Solomon Smith to provide what will be necessary to suport their Mother Decently and comfortably during her natural life or widowhood
To my daughter Margaret, I give forty acres of land lying on both sides of the main road begining at a white oak on Thomas Hughes line between Russell Barkers and Acklin Woods farm thence to run in a Northern direction as far as the fince on the lower side of said Barkers field thence in a western direction for compliment including the land on both sides of the road as aforesaid but if She Should die single then said land I allow to fall back to her Two brothers John and Solomon and in case She should marry it is my will Should She be despose, to sell her land that She give her brothers John and Solomon the preferance.
My daughter mary Smith I allow to Keep possession of the land whereon She lives during her widowhood and to cleare land and make improvements any place where her brother Solomon may give her the privilidg
And further it is my will that my Executors pay to each of my daughters Namely Nancey Smith, Sarah Smith, Abigail Hodges, Mary Smith, Rebeckah Aranst, and Jane Barker fifty dollars in trade which payment is to be made at the expiration of two years after my decease or sooner if convenient and
I do hereby constitute and appoint my two Sons John Smith and Solomon Smith my Executors. Ratifying and Confirming this as my last will and testament, In testimony I whereof I have hereunto Set my hand and Seal this fourth day of may in the yeare of our Lord one thousand Eight hundred and forty seven [1847]
Sign Seal and Acknowledge his
In presence of the Subscribing witnesses John x Smith {Seal}
Isaac McKinley mark
William Woods
In addition to the above herein before mentioned it is my will that if the aforesaid Samuel Smith is not desposed of his plantation or otherwise obtains forty acres of land from each of his Brothers John Smith and Solomon Smith, then I allow my Son Samuel Smith to pay his sister Elizabeth fifty dollars in trade at the expiration of two years after my Decease. In testimony whereof I have hereunto set my hand and Seal the day and date above written
Sign & Seal & Acknowledge his
in presence of the subscribing John X Smith {Seal}
witnesses mark
Isaac McKinley
William Woods
