In the Name of God amen. I Jacob Smith of the County of Amherst
being very weak of Bdy but perfect mind & memory but calling
to mind the morality of the Body that is appointed once for all
men to die do make this my last Will & Testament that is to
say I give demise & dispose of my Estate which it hath Pleased
God to bless me within the following in manner (viz)
Item. I give to my Son Philip Smith three Negroes viz Frederick,
Charity & Lucy & their increase & one small Horse
named Binnfer to him & his heir forever. Item. I give to my
son John Smith the tract of Land which was conveyed to him by
Zach Taliaferro also two Negroes viz Bob & Lyddia which he
has --- to him and his heirs forever. Item. I give to children
my son William Smith, viz Milly Tod, Wiatt, Henry, Harriote &
Richard an certain Tract or parcel of Land lying in both sides
of Puppies Creek & bounded as follows viz Beginning at the
mouth of a Lane that leads to the House that William Smith formerly
lived in & to run direct line -- the fence ----- Crossing
the Creek to the corner of my fence thence to continue the same
course to my line on the Tobacco row from thence to run on my
Line To John Young's Line & with his line to Benjamin Taliafferro's
line & with his line to the road from thence down the said
road to the Beginning to them & each of their heirs forever
but my will and desire is that Philadelphia Smith Widow of Wm
Smith Decd. shall have the sole Previlege & use of this tract
of Land during her Widowhood for the Purpose of Working her own
Slaves & Overseer & Children --- but no other purpose
my will & desire is that the said Land be sold by my Excod
at the expiration of his her Widowhood or natural life and the
money arising from such sale to Equally divided between the Six
Children also the three Slaves viz Dick Molliy & Lydda which
my Son had in Possion & had bequesthed them by his will &
Testament my will & desire is that they be disposed agreeable
to such Will.
Item. I give to my Daughter Mary Smith Six Negroes viz Dicy, Esther,
Permely, Cabel, Ruebin, & Rachel & their increase &
three head of horses. Viz a Bay mare called Dove & her two
Colts, to her & her heirs forever.
I give to my Son James Smith three slaves viz Wolf, Sam, &
Jenney, & their increase & three head of Horses Viz, one
dark Bay Mare & her two colts to him & his heirs forever.
Item I give to my Daughter Clary Smith five Negroes. viz Polly
Milley Caroline George & Lewis & their increase &
two head Horses viz One Yellow Bay mare called Pluty & her
Colt to her & her heirs forever. Item I give to my Son Wiatt
Smith on Slave Named Delphia to him & his heirs forever. Item
I give to my Son Richard Smith three Slaves viz, Barttett Lyddia
& Hannah & their increase also one Bay Mare called Pantaloon
to him & his heirs forever.
Also my Will & desire is that a likely negroe woman between
the age of fifteen & twenty years be purchased by my Exectors
for my Daughter Clary Smith out of such part of my Estate as I
shall direct to be sold.
Item I give to my grandson Jacob Smith one Bay Horses named Dick
to him & his heirs forever. Item I give to my three Sons viz
James, Wiatt & Richard Sixty pounds such to be paid out of
the money arising from the Sale of my Estate also my will &
desire is that my Stock of every hand not before mentioned (except
my Stock of Sheep & four Heffers which is now ------ three
year old which I give to Mary & Clary Smith to be equally
divided.) shall be sold along Household & Kitchen furniture
(except two feather Beds & furniture which I give one to Mary
Smith & one to Clary Smith) all my Plantation Utennils &
Crops of every kind shall be sold and the money arising from such
Sale applyed toward the payment of my just Debts & the legacies
mentioned. Also every will and desire is that the Tract of Land
which I now live on & the Tract Purchased of Edmond Powell
except the parts disposed shall be Sold & the money arising
from such Sale equally divided between James Smith Wiatt Smith
Richard Smith Mary Smith & Clary Smith but my will & desire
is that should there not be sufficient money in what of I have
directed to be sold & debts due me to dischange my Just debts
& legacies before mentioned that the deficiency be made out
of the money arising from the sale of my Land but should there
be on overplush from the Sale & debts due me of anwering my
just debts & legacies my will & desire is that it may
be equally divided between James Smith Wiatt Smith Richard Smith
Mary Smith & Clary Smith. I appoint Wm. Ware Joseph Higginbotham
--- Nelson Crawford Executors of this my last will & testament
in --- where of I have hereunto set my hand & seal this nineteenth
day of July - One thousand Eight hundred.
Jacob Smith (Seal)
Interlined between the Eighth and ninth lines
Before assigned (the word Children)
Signed & acknowledged before us
Henry Ballinger
John Clarkson
Philip Smith Sr.
At a Court held for Amherst County the 21st September 1801.
This Will was proven by the oath of Henry Balinger John Clarkson
and Philip Smith Sr. ---- ---- then to and ordered to be recorded.
And William Ware Joseph Higginbotham and Nelson Crawford the executors
named in said Will personally appeared in Court and qualified
according to Law and gave bond with Authony Rucker and William
Cardford their Securities in the penalty of ten thousand Dollars
Current money condtioned as the Law Directs. Certificate is granted
them for obtaining a pis--- there of in --- form.
Teste,
W L Crawford CK
Source:
Amherst County, Virginia
Deed Book 4, Pages 21 and 22