Will of
John Smith Sr.

The State of South Carolina,

I John Smith Senior of McGirt's Branch, in Sumter District and said State, Planter Do hereby make my last Will & Testament, viz. ----

1st ----- I give a bequeath to Thomas Watson & Levin Wright as Trustees in Trust to & for the Use and Behoof of my Son John my Negro Man Slave called Jerry, for & during the Life time of the said John and from immediately after his decease the value of the said Slave to be equally divided among the Children of the said John the issue of his Body lawfully begotten share & share alike forever; Subject to the proviso hereafter written.--------

2nd----- I give & bequeath to the same Trustees, as Trustess in Trust to & for the Use & Behoof, of my Daughter Tabitha Wright my Negro Woman Slave called Siney, for & during the said Tabitha life time and from and immidiately after her decease the value of the said Slave to be equally divided among the Children of the said Tabitha the issue of her body lawfully begotten, share & share alike, forever; Subject to the said Proviso. --------------

3rd ----- I give & bequeath to the same Trustess, as Trustees, in Trust to & for the Use & Behoof, of my Daughter Levina Goff, my Negro Girl now a child called Phillis the daughter of Siney, during the life time of the said Levina, and from & immediately after her decease, the value of the said Phillis with her issue and Increase (if any) to be equally divided among the Children of the said Levina and the issue of her Body lawfully begotten share and share alike; forever; Subject to the said Proviso.---------

4th----- I give & devise to the same Trustess as Trustess in Trust to & for the Use & Behoof of my Daughter Mary Mims, and to her seperate use not withstanding her Coverture, a certain piece or parcel of Land containing One hundred Acres more or less adjoining Lands belonging to Ichabod Mixon, Shadrack Rogers, Samuel Mathis & my own land; being part of a Tract of Land that bought of Samuel Shiver, lying & being in the District and State aforesaid. To have & to hold to & for the Use and behoof of the said Mary, as aforesaid, during her life time, and from & immediately after her decease, to & for the Use & Behoof of her Children among them share & share alike, and to their Heirs and Assigns forever; Subject to the Proviso aforesaid. That is to say Provided nevertheless, that each and every of the said Negroes above named and the said piece or parcel of Land be fairly & honestly valued or Appraised immediately after my decease And one seventh ------ part of the amount of the said valuation be paid over to my Daughter Sarah & her four eldest Children And one other seventh ----- part thereof be paid to my Daughter Elizabeth And that the above named Legatees & Devises to wit John, Tabitha, Levina, and Mary do refund and contribute towards the same according to the Value or Valuation of their respective Legacies, so as to make them all equally in point of amount or value received from my Estate.--------------------------------

5th All the rest & residue of my Estate & Property real & personal I request my be equally divided among or between my wife and all our Children share & share alike each to have one seventh part of the whole to have & to hold to the Use & Behoof of their Heirs & Assigns forever, My wife to have also one seventh part of the said Slaves above named & of the One hundred acres of Land or the value thereof It being intended that my Wife & our Children shall be all equal in point of amount that they may recieve from my Estate real & personal, My wife to choose where she will have her part of the Land laid off to her What is given her is in lieu of Dower.---------------------------

6th I nominate & appoint my son John Smith, Gates Goff & John Bottoms Executors of this my last Will & Testament.---------
Signed by the said Testator and declared to his last Will & testament in presence of us who in his presence & in the presence of each other have hereto subscribed our names.

James Clark
his
Peter Campbell John x Smith
mark
John Geo Mackensie

(Recorded in Will Book D 1 Page 17)

Recorded 15th Day of March 1823
William Potts Grdy
Bundle 88 Pkge 1