In the name of god Amen, I Clary Smith of the Coloney of Virginia and County and parish of Amherst being in a low state of health but in sound mind and memory blesed be god therefore do this twenty fourth day of June one thousand eight hundred and six, make and publish this my last will and Testament in the name of god as followeth, that is to say principally and first of all, I give and recommend my soul into the hands of almighty God that gave it and for my body I recommend it to the earth to be berried in a Christian like manner to the descretion of my executors nothing doubting but that the great day of resurrection I shall receive the same again by the hand of the great resurrection I shall receive the same again by the mighty power of God and as touching such worldly estate where with it hath pleased god to bless me in this life I give and dispose of the same in the following maner and form after my Lawfull debts be paid. I inpremise I give and bequeath to my well beloved Brother Philip Smith and James Smith that is to say the money risting from the last payment of William Sandidge and the prise of my old --- are after their paying Just Debts also to Philip Smith I leave the Feathers that I left at Delphey Smith's with one heighfer now rising three years old now at Jos. Higginbothams. Item to my well beloved Sister Mary Smith I leave the Bonds now in Taliaferro's and Loven's hands namely John Taliaferro, Benjamin Taliaferro & William Loven also I leave my Negro Woman named Polly one negro gall named Milley and one named Caroline one negro Boy named George one other named David and their Increase also with the ballance of my Cattle not mentioned also my Chest and trunk and wareing clothes and all that is in them Item if after my death my sister should dy without a willing of the above named negroes and their increase then to fall to my well beloved Cousin Benja Higginbotham. Item to my well beloved Cousin Joseph Higginbotham I give one sorrel Horse Colt now rising two years old and one Bull Calf. Item to my well beloved Wiatt Smith son William Smith I give one Bay mare Colt. Like wise I consitute make and ordain Benjamin Higginbotham, Joseph Higginbotham and Philip Smith my well beloved friends my only and sole executors of this my last Will and testament and I hereby utterly deny disallow and revoke all wills ratafying this and no other to be my last will and testament in witness where of I have hereunto set my hand and seal the day and date above written signed sealed and published by the afore named Clary Smith for her last will and testament in presence Of
Clary Smith (Seal)
Teste
Willis Reed
Daniel Reed
John McKerdy
Adam Reed
At a Court held for Amherst County the [date left blank] day
of September 1806.
This last Will & Testament of Clary Smith dec'd was proven
by the oaths of William Reed & John McKersey two witnesses
& Philip Smith one of the executors named in said Will personally
come unto Court and qualified according to law and entered into
Bond with William Carden and William Ware his securities in the
penalty of five Thousand dollars current money conditioned as
the law requires. Certificate is granted him for obtaining a probat
thereof in due form.
Teste W L Crawford C - C
Amherst County, Virginia
Deed Book 4, Pages 257 and 258
Dated: 24 June 1806
Proven: September 1806
Inventory for Clary Smith
Amherst County, Virginia
Will Book 4, Page 268