WILL OF PEGGY SMITH

Russell County, Virginia
Will Book 7, Pages 127 – 129
Executed 03 Aug 1858

In the name of God Amen. I Peggy Smith of Russell County State of Virginia, do hereby make ordain and declare this my last will and testament in manner and form following that is to say.

First – I desire that all my just debts and funeral expenses be paid out of my estate.

Secondly – I hereby give and bequeath to my nephew John T. Smith the sum of five hundred dollars.

Thirdly – I hereby give and bequeath to Sally S. Taylor daughter of Charles C. Taylor the sum of five hundred dollars.

Fourthly – I hereby leave in the hands of my executor the sum of five hundred dollars for the benefit of the Methodist Episcopal Church in Russell County, the said sum to be appropriated to such objects connected with the interests of said church in said county as the Holston Annual Conference shall decide.

Fifthly – Having contracted with my nephew, John W. Taylor, that he shall have a negro woman named Edith or Ede and a negro boy named Isaac (two negroes now belonging to me), upon the said Taylor paying niece Mary S. Fulton the sum of one thousand dollars, I hereby require that my executor have this contract complied with as soon as practicable.

Sixthly – I hereby give and bequeath to Harry, William and Charles, infant male children of John S. Crockett & Margaret B. his wife, two negroes, one a boy named Daniel and the other a girl named Margaret, children of Edith or Ede.

Seventhly – I hereby give and bequeath to Robert A. Preston, son of A. R. Preston and Sarah J. his wife, (now deceased) a negro boy named Lewis (child of Edith) I also hereby give and bequeath to Henry S. Taylor the sum of $300.00

Eighthly – After taking out the foregoing legacies I hereby give and bequeath all the remaining of my estate of every description to Eliza C. Carter, wife of Dale Carter, Margaret B. Lampkins, wife of John W. Lampkins and Henry S. & Mary J. Preston, infant children of Sarah T. Preston dec’d. The said remainder of my estate to be divided between said Eliza C. Carter, Margaret B. Lampkins and Henry S. and Mary J. Preston as follows; that is to say the said Henry S. and Mary J. Preston shall each have a third of one third of the said remainder of my estate, and the balance of said remainder after taking out said two thirds of one third of the whole shall be equally divided between the said Eliza C. Carter and the said Margaret B. Lampkins.

Lastly – I hereby appoint John W. Lampkins my sole executor of this my last will and testament.

In testimony whereof I have this 25th day of December 1857 set my hand and affixed my seal hereby revoking all other or former wills or testaments by me heretofore made.

Peggy Smith (Seal)

Signed, sealed published and declared as and for the last will and testament of the above named Peggy Smith in presence of us

Sylvester Albert
Jackson Hambric

I Peggy Smith of Russell County State of Virginia hereby make and declare the following codicle to the foregoing, my last will and testament, that is to say in addition to the special legacy in the foregoing will and testament to the male children of Margaret B. Crockett I hereby give and bequeath to the said male children a certain negro boy named Sence or Spencer. And I hereby give and bequeath to Louisa Taylor, the daughter of Charles C. Taylor, the sum of five hundred dollars. And I hereby direct that my executor of this my last will and testament shall not be required to pay any of the special legacies (which are payable in money) named in my will or in this codicle to my will until he shall have collected the debts due to me some of which are not yet due, or in other words that my executor shall have three years time in which to pay said legacies unless he shall have the means of paying them sooner and chooses to do so. P> In testimony to this foregoing codicile to my last will and testament I have hereunto subscribed my name and affixed my seal this 28th day of December in the year one thousand eight hunded and fifty seven and I hereby revoke all provisions in any former will or testament or codicile to any former will or testament inconsistent with the provisions or bequests of the foregoing will or testament or of this codicile to the same.

Peggy X Smith (Seal)

Signed, sealed published and declared as and for the last will and testament of the above named Peggy Smith in presence of us

Sylvester Albert
Jackson Hambric
P. G. Skeen

At a court held for Russell County on the 3rd day of August 1858.
The last will and testament of Peggy Smith deceased together with a codicile thereto amended was produced in court and proved by the oath of Sylvester Albert one of the subscribing witnesses thereto, and it appearing to the court that Jackson Hambric the other subscribing witness therto hath departed this life, the said Sylvester Albert deposed that he was present and saw the said Jackson Hambric sign the said will and codicile as a witness thereto and thereupon the said will and codicile is ordered to be recorded. And at a court held for Russell County on the 2nd day of November 1858 – On the motion of John W. Lampkins, the executor named in the last will and testament of Peggy Smith deceased who took the oath of an executor prescribed by law and entered into and acknowledged his bond in the sum of $20,000.00 with Charles A. Smith and Dale Carter as his security conditioned as the law directs, a certificate is therefore granted him for obtaining probate of the said will in due form.

Teste,
R. Lynch C.C.


This file contributed by: Michael Dye


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