James Smith Last Will & Testament

I  James Smith of the County of Tyler & State of Virginia being of Sound mind & memory do here by make my last will & testament in manner & form following, that is to say, 

1st I desire that my Executors Sell a Sufficient part of my personal property to pay all my just debts & funeral expenses. 

2nd I give & bequeath to my wife Sarah the use of the farm on which I now live, so long as She remains my widow, also all the farming utensils on the farm & the wagon, also two horses and the Colt, also four Cows and 2 Heifers, also all the Hogs on the farm and all the grain for the use of the family, both in the ground & in the Barn yard & also the Hay in the Barn & meadow, also 24 head of Sheep & all the Geese & fowls on the farm, also all the goods & furniture in the House & all the Pot Mettle belonging to the place.

3rd I give to my Son, Isaac R. Smith, seventy five dollars. 

4th I give to my Son, Lewis Smith, seventy five dollars. 

5th I give to my Son, William Smith, seventy five dollars. 

6th I give to my Son, Levi Smith, seventy five dollars. 

7th I give to my Son, Kenner Smith, seventy five dollars. 

8th I give to my Daughter, Eliza J. Smith, thirty seven and half dollars. 

9th I give to my Daughter, Mary Ann Smith, thirty seven and half dollars. 

The above named Seven heirs to receive their Several portions after the sale of the farm, when the money is collected for the Same. All the rest of my estate, both real and personal, of what nature or kind so ever it may be, I desire may be equally divided among all my Several Children which I give to them, their heirs, Executors, Administrators & assigns forever & lastly I do hereby appoint my Sons James Smith & Ralph Smith Executors of this my Last Will and Testament, hereby revoking all other or former wills or testaments by me heretofore made. 
In witness whereof, I have hereunto set my hand and affixed my seal this 14th day of November in the year of our Lord 1839. 
Signed, Sealed, and Delivered in
presence of us: 

B. Higgins (Seal) 

James (X) Smith (Seal)
Nancy (X) M. George (Seal)
George M. George (Seal) 

Tyler County Court May term 1856. This Will was presented in Court and the acknowledgement of James Smith thereto was proven by the oaths of Baltes? Higgins and George M. George subscribing witnesses to the Same, and thereupon the Said Will was ordered to be recorded as and for the Last Will & Testament of James Smith, deceased. Teste, D. Hickman, Clerk


Source Mary Summers


Also see Bill of Appraisment


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