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Russell County, Virginia
Will Book 4A, Page 358
Executed 05 Mar 1828

In the name of God Amen I James Smyth of the County of Russell and State of Virginia, being very old and weak in body but of perfect mind and memory, thanks be given unto God; calling into mind the mortality of my body, and knowing that it is appointed for all men once to die, do make 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 heirs nothing doubting but at the general resurrection I shall receive the same again by the mighty power of God and as trusting such worldly estate wherewith it has pleased God to bless me with, I give, demise and dispose of the same in the following manner and form. First I will and desire that all my personal property is not sold but be appraised and equally divided between my wife Cynthia and my daughter Anne Secondly I will and bequeath my tract of land that I now live on to my daughter Ann and her heirs forever. Thirdly I will and bequeath to my wife Cynthia the third part of the said tract of land during life, or so long as she remains a widow and forthly I will and bequeath to the children of my former wife dec'd William, Mary, Elizabeth and Ruth if living, if not to their legal heirs one dollar each to be paid out of the aforesaid estate - Finally I do hereby nominate constitute and appoint Thomas Hunt to be my executor to this my last Will and Testament revoking all former wills. In witness whereof I have hereunto subscribed my name and affixed my seal this 11th day of December 1824.

James X Smyth (Seal)
Isaac Jackson
Adam Wisor

At a Court held for Russell County on the 5th day of March 1828:
This Instrument of writing was exhibited in Court as and for the last Will & Testament of James Smyth deceased, and proven by the oaths of Isaac Jackson and Adam Wizer the subscribing witnesses thereto, and ordered to be recorded: - And at a court held for said county on the first day of April 1828: On the motion of Thomas Hunt executor therein named who made oath thereto, and together with John Thompson and Abner Thompson his securities entered into and acknowledged a bond in the penalty of three hundred dollars conditioned as the law directs, certificate is granted the said Thomas Hunt for obtaining probat of the said will in due form.

James P. Carrell C.R.C.

This file contributed by: Michael Dye

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