WILL OF JOHN SMITH

Russell County, Virginia
Will Book 4A, Pages 222 - 224
Executed 07 Feb 1826

I John Smith of the County of Russell amd State of Virginia doe hereby make my last Will and Testament, in manner and form following, that is to say -

Firstly I give unto my beloved wife Jane Smith one half of the plantation on which I now live with the deling house amd out houses on the same and all the household and kitchen furniture or so much thereof as she may think proper to keep for her use, together with one third part of all my stocke consisting of Horses cattle hogs and sheep and also one third part of all my farming utensils also one half of my orcherd and two negroe women and a negroe man named as follows - Betsey, Esther and Daniel During her life time and after her death Daniel is to go to James Smith who is my oldest son and Esther to my daughter Betsy who is now Betsy Osborn & the negroe woman Betsey to my daughter Jane Higganbottam who shall pay my daughter Nelly Finley whatever said negroe may be worth at that time and the half of the land now will'd to her to go to my son Henry Smith, and the whole of the household kitchen furniture and stock left by her to be sold and equally divided among my children.

Secondly I give unto my oldest son James Smith one half of the plantation on which he now lives and the other half to my grand children John Smith and Jane Smith children of my son Edmond and that the said half of the plantation shall be held by Betsey Smith the mother of said children to raise them on, and to be held by her untell the children comes of age unless she intermarys and dont use said children well, then I desire the said half of the plantation shall be rented out to raise the children on the above mentioned plantation to James Smith and my two mentioned grand children is divided by a conditional line made by myself which I wish to stand good as a line between the two places.

Thirdly I give unto my son John Smith the plantation on which he now lives and three negroes, to wit old Tom and his wife Caty and a boy named Marke.

4thly - I give to my son Henry Smith all the plantation I now live on axcept the half left to my wife Jane her life time and one negroe boy named Wilford, also one waggon and giers a sorrel horse which is to be kept on the farm for the benefit of my wife Jane dureing her life time and then my son Henry Smith dispose of them as he may think proper: also a promessary note of $50 on Solomon Carter due this fall and fifty Dollars of the last payment of some promisary notes given me by Solomon Carter.

5thly I give to my daughter Jane Higgenbottom the plantation she now lives on and one negroe girl named Pat to her & the heirs of her body forever.

6thly - I give to my daughter Mary Thompson Ten Dollars in addition to what she received before

7thly I give to my friend William Thompson Fatherinlaw of my daughter Mary a negroe girl named Edy which is to go to my daughter Mary Thompson at his death.

8thly I give to my daughter Margarett Price one negroe woman named Charlotte, to her and the heirs of her body forever -

9thly I give to my daughter Jermimah Dorton one negroe girl namde Winney to her and the heirs of her body forever and sixty dollars to be paid out of my estate. 10thly I give unto my grand daughter Sealy Thompson a young mare to be worth sixty dollars and a good side saddle and bridle and a good cow and calf, together with their increse when she comes of age also I give my grand daughter Sealy Thompson Two Hundred Dollars of the last payment of five promisary notes executed to me by Sollomon Carter

11th I give to my grandson John Smith the son of Edmond Smith fifty Dollars out of the balance of promisary notes owing to me by Solomon Carter which together with its interest I wish to be appropriated to the education of said grand child John Smith and the balance of the two thirds of my stock and farming untensils not otherwise didposed of to be sold at my death, and the proceeds ariseing therefrom to be given to my grand daughter Sealy Thompson

12thly I give unto John Smith my grandson the son of John Sr. fifty Dollars also I give to my grandson Smith Thompson the son of Mary Thompson my daughter fifty dollars - I also give my grand son John Dorton the son of Jermiah Dorton fifty dollars - I also give to Elizabeth Higgenbottom my grand daughter the daughter of Jane Higgenbottom and Sollomon Smith my grandson the son of James Smith fifty dollars to be equelly diveded betwen them the said som of money now given to my grand children is owing to me by Solomon Carter and the said grand children is not to have the som of money I give them untel they become of age

13th I also give my wife Jane Smith fifty dollars of the second payment that Sollomon Carter owes me which is the balance that the said Carter owes me.

14th - and lastly I do hereby constitute and appoint George Gose and my son John Smith Executors to this my last Will Testtament herby revoking all other wills or Testaments by heretofre made In testimony whereof I have hereunt name affixed my seal this 13th day of December 1825.

John Smith

Signed sealed and acknowledged in the presence of us

George Gose
Jacob L. Burton


       his
William X Fraley
       mark
Virginia - At a Court held for Russell County the 7th day of Feby 1826.
This instrument of writing was exhibited in court as and for the last Will and Testament of John Smith deceased, and proven by the oaths of George Gose and Jacob L. Burton two of the subscribing witnesses thereto and ordered to be recorded - And on motion of George Gose and John Smyth jr. executors therein named who made oath, and together with Robert Fugate & John Banner their securities, entered into and acknowledged a bond in the penalty of $8,000 conditioned as the Law directs, certificate is granted the said George Gose & John Smith for obtaining probat of the said will in due form.

Teste
James P. Carrell C.R.C.


This file contributed by: Michael A. Dye


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