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Russell County, Virginia
Will Book 9, Page 397 - 398
Executed 05 Mar 1878

I Joseph Smith of the county of Russell and state of Virginia do make and Publish this my last will and testament hereby revoking and making voyd all former wills made by me at any time heretofore. I know the uncertainty of life and the certainty of death, I am know in bad health but in sound mind and having some worldly Est that I wish to dispose of as it suits me and which is as followeth to wit,

1st After my death I want to be decently burried according to the customs of the country in which I live and all my just debts be paid as soon as my executor can do it out of my personal estate.

2nd I want my wife to take one third of all my estate both real & personal as her dower interest.

3 third, I give to my son Wm H. Smith one acre of my land to be laid off to him by me or my appraisors to be laid off at some suitable place for him along the line of me & John Whitt I do not intend this gift to interfer with his just claims as my heir for it shal be charged to him on his settlement of my Est.

4 I have given, or agreed with Warders agent to pay for the tract of land whare my son Lilbern Smith now lives on the back of the mountain which amt must be paid out of my estate and the deed made according to the title bond I have on Warders which said amt. is all that I can give the said Lilbern Smith and he shal not claim any further interest in any part of my lands. further more an other fact me and my son John W. Smith baugh as equal partners a place on the mountain which we call the Peck place John is justly entitled to one half of said place as his own, me and my son John has agreed to run a divisional line nearly East and West through said land so as to give each an equal number of acres me to have the lower side next my old land and john the upper side the balance of all my estate both real and personal of every discription that is not disposed of in this will is to be equally divided amongs all my children alike except my son Lilbern is not to have any other shear in my land than what I give in the land where he lives but he is to be an equal heir in the personal estate.

I want my executor to not sell any of my property or any part of my Est before next November, so as to get the growth of the stock & perhaps in better order and my wife to have all my part of the crops raised on my land in the year 1878. I hereby appoint my son John W. Smith my executor of this my last will in witness whareof I set my hand and seal this the 10th day of January 1878

Joseph Smith {seal}

Signed sealed and delivered in our presents and at his request we witness this as his request as his last will.

E. F. Boyd
W. C. Humphreys
W. H. Whitt

At a Court begun and held for Russell County at the Court House thereof on Tuesday the 5th day of March 1878.
The last will and testament of Joseph Smith was this day produced in court and proved by the oaths of   Whitt and W. C. Humphrey two of the subscribing witnesses thereto and ordered to be recorded and on motion of John W. Smith the executor therein named who took the oath of an executor prescribed by law and entered into and acknowledged a bond in the sum of one thousand dollars together with George Musick and Benson Combs his securities thereto conditioned according to law. A certificate is therefore awarded him for obtaining probate of Joseph Smiths will in due form.

V. B. Gilmer D.C.

This file contributed by: Michael A. Dye

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