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This will was provided and transcribed by: Michelle Walker, a member of the Facebook group "Pioneering Families of Florida."   It was transcribed from the following:  https://familysearch.org/pal:/MM9.3.1/TH-1951-31415-2563-62?cc=2046765&wc=MW4V-HWT:350468401,350468402
 

State of Florida

Columbia County

In the name of God, Amen. I Moses Smart, being sound mind and memory, and considering the uncertianty of this frail and transitory life, do therefore make, ordain, publish and declare this to be my last Will and Testament. I desire after my decease my friends shall bury my body in such place and manner as they think best, my spirit return to God who give it.

1. it is my will and desire that after all lawful debts and funeral expenses are paid, that the residue of my estate, real and personal, or mixed, or whatsoever kind they may be. I give and bequeath and dispose of as follows. To my beloved wife, Margaret C. Smart all my said Estate, real, persona,l or mixed or whatsoever kind, there may be at my decease to have and hold during her natural life.

2. It is my will and desire that after the death of my beloved wife Margaret Smart, if there is anything over and above my estate, that it be equally divided between my beloved daughter Sarah H. Pesnall and my grandson William M. Smart, the son of my son, William P. Smart, of whatsoever kind, according to quality or quantity. If my grandson, William M. Smart die without a child, then his portion of my Estate shall go to my beloved daughter Sarah H. Pesnall, or her heirs. Mrs. Selena E.G. Smart, the wife of my son William P. Smart, now Mrs. Leander, having had and used the portion of property given by me to my said son William P. Smart, in addition to that I leave to the said Mrs. Leineters ten (10) dollars to be paid after the death of my said wife, Margaret C. Smart, by the Executer that I shall appoint. Likewise, I do make, constitute, and appoint William H. Hunt to be Executer of this my last Will and Testament, and also to be guardian for my grandson William M. Smart, hereby revoking all former wills by me made. This the ninth day of June, one Thousand Eight Hundred and Seventy, sign sealed and declared in the presence of the undersigned witnesses who signed this my last will and Testament at my request and in the presence of each other.

Moses Smart (L.S.)

Witnesses:

James C. Clements.

Martha A. Clements.

N McDonald.


State of Florida

Columbia County}

Personally apperared before me Sam'l. S. Day, J- of Probate for the County aforesaid James C. Clements, one of the subscribing witnesses to the foregoing writ- being duly sworn, declares and says that Moses Smart did, in his presence, sign, seal and publish the foregoing paper writing as and for his last Will and Testament; and that he, the said witness signed t- same as a subscribing witness, of special request of said Testator, that the said Testator signed said paper writing in the presence of Martha A. Clements and N. McDonald who likewise signed said paper -ing as subscribing witnesses in the presence and at the request of said Testator, and also in the presence of this affiant and that he verily believes said paper writing to be the true last Will and Testament of said Testator.

Sworn to James C. Clements

and subscribed before

me this 24th day of August, 1870.

Saml. S. Day

County Judge and ex off.

Judge of Probate

State of Florida,

Columbia County} Court of Probate.

The last Will and Testament of Moses Smart having been proved before me in due form of law by James C. Clements, one of the subscribing witnesses thereto: It is ordered that the same be allowed as proved and admitted to record.

(Folis 23.A for orders) Sam'l S. Day ex off. Judge and Probate.