Will of John Smith

Submitted by David Clark Dorsey

Return to the VAGenWeb Mecklenburg Co. Project



Will of John Smith   
Signed SEP 3, 1792;Proved; Dec. 10, 1792, Mecklenburg County, VA ; WB #3, p.142-144 
{Not final proof}
In the name of God Amen. This third day of September in the year of our Lord One 
thousand Seven hundred and ninety two.  I John Smith of the County of 
Mecklenburg, and the Parish of Saint James, being in a low state of health, but in 
a Sound State of mind and memory do make, Constitute and Ordain this 
to be my last will and Testament  in the manner and form following. 
Imprimis. I lend to my loving wife Martha Smith the Plantation where on 
I now live, with all my household and kitchen furniture my stock of horses 
Cattle sheep, hogs, my Plantation tools there to belonging, together with 
the following Negroes, to wit; Joe and Enos, during her natural life and my 
will and Desire is that after her death the above household and kitchen 
furniture, my stock of all kind and their increase together with the aforesaid 
mentioned Negroes be divided as I shall here after direct.     Item, I give and 
bequeath to my son Robert Smith, one hundred and fifty acres of land lying 
and being in the County and Parish aforesaid in the following manner Viz. 
Beginning at a marked pine in a Slash on the old Store path thence down 
the Slash to a pine on the kittle Creek thence  up the creek to the  road, thence 
down the road to a corner red oak, thence a new marked line to a corner 
hickory, thence to the beginning to him and his heirs forever.    Item, I give 
and bequeath to my son Daniel one hundred and fifty acres of land lying 
in the south side of Middle Bluestone creek and tract of which on the north side 
Beginning at a corner red Oak thence up the creek to a corner hickory on the branch 
thence up the said creek to corner white oak, and this being lately chopped by 
Andrew Gregory and Robert Smith, as well as the remainder parts which with 
as followeth Viz. beginning at the above corner white oak, thence cross the creek 
to a hickory thence a straight line to the corner of the piney old field thence to 
the mouth of the Slave {Stone?} branch thence up the branch to William Callis line thence 
along Baptists line thence along Baptist's line to the creek thence up the creek to the 
Beginning together with the mill seat on said land and also One Negro man 
named Adam and a Negro boy named Hampton to him and his heirs forever.  
   Item, I give and bequeath to my son Thomas Smith, one tract of land of 
One hundred and fifty acres more or less, lying in the manner and form following 
Vizt. Beginning at the mill path at the new cut line thence thence down 
the said line to a corner red oak South side of the creek thence down the 
creek to Baptists line thence Baptists line to the Kittle creek thence up the 
creek to a corner pine on Robert Smith's line thence said line to the 
mill path thence along the mill path to the beginning together with the mill 
seat  on said land and likewise three negroes,  Charles, Rose and George to 
him and his heirs forever.    Item, I give and bequeath to my son James 
 
WB #3, p.143
 
James, one tract of land of One hundred and fifty acres more or less, lying 
In the manner and form following. Viz. beginning at Robert Smith line at a corner 
hickory thence along his line to the mill path thence down the mill path to the long 
branch, thence up to the long branch to the pond thence up the road to a corner red oak 
thence along Robert Smiths line to the beginning.  Also one Negro named Jamiboy 
to him and his heirs forever.    Item, I give and bequeath to William Christopher, one tract 
of land containing twenty five acres more or less, lying in the manner and form following 
Viz. Beginning at the old Courthouse branch ____ a poplar An Murrays line, thence 
On said Christopher's line to a corner pine, thence down the creek to a branch thence to 
The fork of the said creek thence up to the old Courthouse branch to the beginning 
To him and his heirs forever.     Item, I give and bequeath to my four Daughters namely 
Frances, Lina, Elizabeth and Martha five shillings each, also to my daughter Sarah 
the same sum of five shillings to her and her heirs forever.  Item, I give  
and bequeath to my Daughter Susanna the following negroes namely Oney and 
Delphy, to her and her heirs forever.    Item, I give and bequeath to my son Archer all 
the remaining tract{part?} of my land at my wife's death, and also one Negro man named 
Tom and likewise after my said wife's death the two negroes lent to her to him 
and his heirs forever.    Item, my will and desire is that my sons Daniel, Thomas 
Archer and Daughter Susanna shall give to the executors of this my last 
will and Testament good, and appraised Securities before the delivery of their 
legacies and make themselves liable for the payment of all the British and 
other debts, that I may have Contracted.     Item, my will and desire that out 
of the household furniture, and Stock, my sons Daniel, Thomas and Archer and daughter 
Susanna should have each one bed and furniture, one cow and Calf, two Ewes 
and Lambs, when ever they marry, an settle _____ part of the household furniture 
and the stock which I lent to my loving wife, also my desire is that at her death 
the remainder of my household and kitchen furniture, together with all kind of 
stock and Plantation Utencils, be equally Divided between my sons Daniel, 
Thomas, Archer, and daughter Susanna.  My will and desire is that my present 
Crop should be appropriated to the use of my family and the balance, If any 
be applied to the payment of my debts.     And Lastly I do appoint my son 
Daniel Smith and my friend Andrew Gregory, executors of this my last will and 
Testament, revoking all others for     or by me made. In Witness 
whereof I have here unto set my hand and affixed my seal the day and 
Year above written.                                    his
Signed sealed and delivered                       John  x Smith
 In the presence of                                    mark        (seal)
Wit: Joseph Quinichett, William G. Baptist, Moses Overton & Richard Jeffries
 
WB #3, p.144
         Memorandum this third day of September one thousand seven hundred and ninety
two.  In addition to my written bequest having omitted to bequest one negro
boy, by the name of Lewis I give and bequest the said boy Linios to my
son Archer Smith to him and his heirs forever and desire this codicile to be 
part of my will In testimony where I have here unto set my hand
and affixed my seal the date and year above written.
John   Smith           seal
 
In presence of
Wm G. Baptist
Moses Overton
Wm Christopher
 
 
At a court held for Mecklenburg County the 10th day of December 1792
   This will and codicil were proved by the oaths of Moses Overton
and William G. Baptist Witnesses thereto and ordered to be recorded.  And on the
Motion of Daniel Smith one of the executors therein named who made oath
thereto and together with Robert Smith and Moses Overton his securities entered
into and acknowledged their bond in the penalty of Two Thousand pounds conditioned
as the law directs Certificate was granted him for obtaining a probate thereof in due
form liberty being reserved for the other executor therein named to join in 
the probate when he shall think fit.
                                                  Teste     John Brown  Ck Cort
 

Abstract and notes:
 
Martha Smith        wife
Robert Smith        Son
Daniel Smith        Son, executor
Thomas Smith   Son
Note: James, son, is named above after Thomas Smith/jgs
Archer Smith        Son
Susanna               Daughter [The will of Thomas Smith shows his sister Susannah was married 
to John Couch/jgs]
Frances                Daughter        Please note that in one abstract 
Lina                       Daughter        Frances, Lina, Elizabeth and Martha were said 
Elizabeth               Daughter        to be daughters of Wm. Christopher.  This is wrong!
Martha           Daughter
Sarah                    Daughter
 
Andrew Gregory   executor
William Callis  neighbor  (a William Callis married Frances Gregory, Dec 13, 1790)
Andrew Murray      neighbor
Baptist         neighbor
 
Slaves: Joe, Enos, Adam, Hampton, Tom, Charles, George, Jameboy, Linios?(Lenios or Senios)
Rose Oney and Delphy
 
Wm G. Baptist     Witness
Moses Overton     Witness
Wm Christopher     Witness, neighbor(Not the father of girls name in a well know abstract.)
Richard Jeffries  Witness 
Joseph Quinichett Witness