WILL OF AMOS SMYTH

Russell County, Virginia
Will Book 4A, Pages 275 - 277
Executed 20 Mar 1826

In the name of God, Amen I Amos Smyth of the County of Larrance and State of Kentucky, being in a low state of health but of perfect mind and memory, thanks be given unto God, calling to mind the mortality of the body and knowing that it is appointed for all men once to die do make and ordain this my last Will and Testament that is to say principally and first of all I give and recommend my soul into the hand of Almighty God that gave it and my body I recommend to the earth to be buried in decent christian burial at the discretion of my executor nothing doubting but at the general resurrection I shall receive it again by the mighty power of God, and as touching such worldly estate warewith it has pleased God to bless me with in this life I give, demise and dispose of the same in the following manner First I give and bequeath to my beloved wife Mary Smyth all my household goods and furniture of every discription and likewise two cows and one mare and all my stock of hogs and sheep to her use and behoof and disposal, also I give and bequeath unto Ashville Harvy Smith one certain black sucking coalt to his use and behoof forever. I also give and bequeath unto Sally Carty one certain black yearling heffer if she stays with my wife till she is with age or married to her use and behoof forever I do also give and bequeath unto my son Samuel M. Smyth all my real estate that is to say two surveys of land lying and being in Russell County and State of Virginia, one of them deeded from Jonas Powers including the Cave Spring, also one lying on Grassy Creek deeded from Samuel Ewings to me, also one survey lying in the County of Wyth laying along the side of Wakers Mountain joining on the east side of Acles Fannins land to his use and behoof forever to sell make writs according to his discretion, also all my personal estate on consideration that the said Samuel M. Smyth should purchase twenty-five acres of land including the improvement whare I now live for the use and support of my wife Mary Smyth, and at her decease I also give and bequeath the same survey if purchase made to my daughter Polly Fanin to her use and behoof forever the note that Brian Fanin gave to Sperry for six dollars one yearlin heffer one hog and oather services to stand in lieu of a twenty-five dollar rifle gun likewise the said Samuel M. Smyth is to give two second wrate cows to my daughter Polly Fanin in the year after my decease also the property devested in the hand of my son Samuel M. Smyth and my daughter Polly Fanin to be to thare use and behoof forever and I do hereby utterly disallow revoke and disannul all and every oather former testaments wills legacies bequests and Executors by me in any wise before mentioned willed and bequeathed, ratifying and confirming this and no oather to be my last will and testament in witness whereof I have hereunto set my hand and seal this eighteenth day of August in the year of our Lord one thousand eight hundred and twenty five.

Amos Smyth (Seal)

Signed sealed published pronounced and declared by the said Amos Smyth as his last will and testament in the presence of us

Isaac Boll
Emanuel Hover

State of Kentucky
Lawrence County Court Clerk's Office Sct.
I Joseph R. Ward Clerk of the Court for the County aforesaid do hereby certify that the last will and testament of Amos Smyth dec'd was produced in open court on the 20th day of March 1826 and proved by the oath of Isaac Boll and Emanuel hover the subscribing witnesses thereto to the last will and testament of the said decedent, and the same was ordered to be recording which is done accordingly -

Attest J. R. Ward CSCC

State of Kentucky
Lawrence County Sct
I Lewis Wellman presiding Justice of the Lawrence County Court do hereby certify that Joseph R. Ward whose name appears annexed to the foregoing certificate is and was at the time of makeing the same Clerk of said Court duely qualified as such and that his said certificate is in due form of Law. Given under my hand and seal this 25th day of March 1826.

Lewis Wellman JPSC (Seal)

State of Kentucky
Lawrence County Sct
I Joseph R. Ward Clerk of the Court for the County aforesaid do hereby certify that Lewis Wellman whos name appears annexed to the foregoing certificate is and was at the time of making the same presiding Justice in said court, duely commisioned and qualified as such to whos official acts due faith and credit ought to be given as well in Courts of Justice as thereout In testimony whereof I have hereto set my hand and affixed my private seal of office having as yet no public seal provided this 20th day of March 1826, and in the 34th year of the commonwealth

(Seal) J. R. Ward CSCC

Virginia
At a Court held for Russell County the 6th day of February 1827
This Instrument of writing was exhibited in Court as and for the last Will & Testament of Amos Smyth deceased as proven and recorded in the County Court of Lawrence in the State of Kentucky; and, on the motion of Samuel M. Smyth, a devisee therein named, the same, together with certificates thereon endorsed, was ordered to be recorded.

Teste
James P. Carrell C.R.C.


This file contributed by: Michael Dye


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