aWill
of Arthur Smith
State of South Carolina
Sumter District
In the name of God-Amen‑-I Arthur Smith of
the State and District above named, being in good health and in perfect mind,
and memory (blefsed be god for the same) but calling to mind the mortality of
my body, and Knowing it is appointed unto all men to die, do make, and ordain
this my last will and testament, revoking and annulling all wills heretofore
made by me---
Principally and first of all I resign my Soul to
God, who gave it and my worldly estate with which it has pleased him, to blefs
me, I give and bequeath in the following manner---
Item‑1st
It is my will and desire that my Executors after paying all my funeral
expense that the remainder of my estate, both personal and real, be divided and
given as follows,
Item 2d
I give and bequeath unto my son in Law James Corbett, unto my grand
daughter Rebecca Hanks, unto my daughter in Law Mary Ann, widow of my Son John
Smith deceased, unto my daughter in Law Tereby, widow of my Son Stephen Smith
deceased, each the sum of
Ten dollars ($10) which will be their entire
portion of my estate
Item 3d
After the above legacies, I desire that the balance of my personal
estate, and what monies I may have at interest, or cash in hand be divided into
6 equal parts, and to be distributed
as follows, to my son Jefsee Smith one share
Holland Corbett 1 share, Rhody Gibbs 1 share, Ellias Smith 1 share my grand son
Meritt Smith 1 share and to my grand children son of my son John Smith one
share to them and their heirs forever, with the following restrictions, to wit.
that the lott or shares of negroes that may fall to my Grand son Meritt Smith,
son of my son Stephen Smith, and my grand children children of my son John
Smith deceased be sold by my executors, and the amount they bring be paid them
in money-as, I do not wish my negroes, to be removed out of this State, and
desire that my other heirs may purchase them it posible
Item It
is my wish and desire that such portion of my estate that may fall to my
daughter Holland Corbett be taken in trust by my executors during her natural life, and at her death, that
it be distributed to her children, to them and
there heirs forever
Item It
is my will and desire that the above named property that my fall to the share
of my daughter Holland Corbett, shall not be disposed of by her, be encumbered
by directed or used in any manner, by her present or any future husband,
neither is her present or future husband to have any interest in the same, in
any way whatever, during her natural life, Nor is her present or
future husband to have any use or interest in the
same after her death, but left in trust to my executors, to be by them disposed of to her children-
Item I
lend unto my daughter Rhody Gibbs one share (1/11) of the above named property
for and during her natural life (or widowhood) and from and after her death, to
her lawfull children, to them, there heirs and afsigns forever, to be equalled
divided between them-
Item I
give and bequeath unto my Son Ellias Smith one share (1/11) to him and his wife
during their life time, and at their death to go to their children if they have
any at that time but should they die leaving no children then there portion of
my estate is to be distributed into three share to be given to Jefsee Smith
Holland Corbett, and Rhody Gibbs, The same restrictions in the share that falls
to Holland Corbett, to be observed, as is detailed in that portion of my will,
concerning her own sixth share of my personal estate and the same restrictions
to that portion that falls to Rhody Gibbs-
Item I
leave and bequeath my real estate consisting of all my lands to my son Jefse
Smith, Holland Corbett, Rhody Gibbs, and Ellias Smith, to be divided by my
executors, and that portion of my lands that fall to Holland Corbett, be sold
by my executors and the amount divided amongst her lawful children- It is my
will and desire that that portion of my lands that fall to my son Ellias Smith.
that should he die without any lawful children, that his portion be divided
between Jefsee Smith, Holland Corbett, and Rhody Gibbs with the same
restrictions as the other portions of my estate‑ It is my will and desire
that as soon as posible my executors are to pay all my just debts, and as soon
as the law will allow that the items of my will be full carried out---
I leave appoint and nominate Stephen Lacoste,
Jefse Smith and John Gibbs my lawful executors, requesting my executor Stephen
Lacoste to do all the writing and attending to all the duties that may be
required, with the consent and approbation of my other executors-
Given under my hand and Seal this the 29th August
one thousand eight hundred and forty two and in the Sixty Seventh year of
American Independence‑‑
PS. the word estate was erased before this
will was Seal, signed or witnefsed-
his
Arthur x Smith (SEAL)
mark
Signed and Sealed in the Presence of
I G McLeod
John 0 Durant
John 0 Welch
Codicile added to the Last will of Arthur Smith
State of South Carolina
Sumter District
Know all men by these present that I Arthur Smith
of the State and District aforesaid, and the maker of the above will drawn on
the 29th August one thousand eight hundred andforty two, and in the sixty
seventh year of American Independence, do make the following alterations. I
revoke that Part of my Will in Item 2d so far as respects Rebecca Hanks, It is
my will and desire that the one sixth of my property that is given to my grand
son Meritt Smith be equally divided between him and his sister Rebecca Hankes,
the said portion after her death be equally divided amongst the heirs of her body- and if no heirs of
her body to her brother Meritt I revoke also that portion of my will in
the Item 3 which gives to my grand son Meritt Smith 1 full share or 1/6 of my
Estate- I wish that 1/6 given to him be
divided as exprefsed above to him & his sister Rebecca Hanks- and should
she die without any heirs of her body- it is my desire that her portion of my
estate be given to her brother Merritt Smith him and his heirs forever.. Given
unto my hand and Seal this 11th day of May one thousand eight hundred and forty
three
his
Arthur x Smith (SEAL)
mark
Signed Sealed, and Acknowledge in the Presence of
I. G. McLeod
John 0 Durant
W.K. Atkinson
Recorded in Will Book D-2, Pge 89
Recorded 24th Day of Oct 1843
W Lewis Ordy
Bundle 115, Pkge 10