Will of Jesse Smith
State
of South Carolina)
Sumter
District )
In the name of God, Amen, I, Jesse Smith
of the State and District aforesaid being in usual health and perfect mind and
memory, yet calling to mind that it is appointed to man to die, I do therefore
make and ordain this my last Will & Testament.
Principally and first of all, I resign my
body to the dust, and my Spirit to God who gave it, and my worldly Estate as
follows:
Item,
1st It is my will and desire
that my Executors after paying all my funeral expenses, and just debts, shall
devide and dispose of the remaining part of my Estate in the following manner
Item
2nd I give and bequeath to my beloved Wife Mary Smith for her
comfort and Support during her natural life, my House Household & Kitchen
furniture, together with the use of the plantation on which I live, the
Plantation tools, Utensils and privileges, a suitable horse and Carriage for
her, four Milch Cows four negroes (viz) Abe, Siller, Virgil and Almero, and
also two hundred bushels of corn and one thousand pounds nett pork. All the
above named property to be hers during her natural life with such restrictions
and Exceptions as this my last Will shall enjoin. At and after the death of my
wife Mary Smith, It is my Will and desire that my Executors take the portion of
perishable property herein given to her and divide it Equally among my
children, (the child or children of any deceased child, to take the parents
part) equally among them if more than one, and if but one, that one to take the
whole
Item
3rd It is my will and desire that my Land be Equally divided between
my two sons William H Smith and Jefse P Jmith in the following manner, to my
son William H Smith, I give and bequeath all that Plantation or tract of Land
known as the Middle division of Estate Lands of Arthur Smith decsd. containing
according to division Platt dated Jany 30th 1844. One thousand and thirty one
acres, to him his heirs and assigns forever, To my son Jefse P Smith at and
after the death of my wife Mary Smith. I give and bequeath all the Plantation
or tract of Land on which I live known as upper division of Estate Lands of
Arthur Smith decsd. Containing according to Division Platt One thousand and
thirty one acres to him his heirs and assigns forever
Item
4th It is my Will and desire
that the remaining part of my Estate not disposed of be divided in the
following manner, To my son Jesse P Smith one bed bedstead and furniture, and
the remaining part of my Estate, shall be divided into seven equal shares, to
be given to my Children and Grand
children in the following manner, To my daughter Sarah Gause the wife of Bryant
Gause, one share. To my daughter Priscilla Ann Corbett the wife of Jas Corbett
one share, To my Son Thos L Smith one share, to my daughter Rhoda I Watts the
wife of Rufus M Watts one share, To my Grand children the children of my
daughter Margaret R Wilson decsd. the former wife of Hosea Wilson one share, to
my son William H Smith one share, to my son Jesse P Smith one share, with the
following restrictions, the two shares falling to my daughters, (viz) Sarah
Gause and Rhoda I Watts, shall be sold and the money paid over to my daughters
Sarah Gauss and Rhoda I. Watts or their children as soon as practicable. It is
also my Will and desire that the share or one seventh intended for my Grand
children the children of my daughter Margaret R. Wilson decsd., viz Jefse W
Wilson Jas M Wilson and Thos R Wilson shall be given and I do hereby give in
trust to my three sons Thomas L Smith William H Smith and Jefse P Smith to be
kept by them and to be equally divided between my said Grand children as they
severally come to the age of Twenty one years or marry the child or children of
any deceased grand child to take the parents part, if more than one equally
among them and if but one that one to take the whole of such deceased parents
share.
And
lastly I do hereby appoint my three Sons Thomas L Smith , William H Smith and
Jefse P Smith Executors of this my last Will and Testament, and trustees for my
three Grand children named above with full power and authority to make division
of all or any part of my Estate both real and personal by calling in five
disinterested freeholders from among my neighbors—In witness whereof I have
hereunto set my hand and Seal this 30th day of Sept in the year of our Lord one
thousand Eight hundred and fifty two.
his
Jesse X
Smith (SEAL)
mark
Signed
and sealed in presence of
us
as and for the last Will and
Testament
of the said Jesse Smith
who
in his presence subscribed our names
as
witnefses thereto
The
words be& and in the above
will
interlined before signing
Jas.
H. Chandler
A.
A. McLeod
B.
F. McLeod
Recorded
in Will Book D-2, pge 401
Recorded
Dec. 15th 1852)
Bundle
134, Pkge 2