In the name of God Amen
I William Smith of Surry County being at this time of perfect and sound
memory but considering that I must die when God of his infinite Mercy is
pleased to call me. I do constitute and appoint this to be my last
Will and Testament. First and foremost I give and devise my soul
to God that gave it to me. And to Jesus Christ my Blessed Savior
and Redeemer hoping for the Resurrection at the last day and for everlasting
happiness in the World to come and my body to the earth to be buried in
such decent manner as my Executor hereafter mentioned shall think fitt
and as for my worldly goods which Almighty God in his great mercy has bestowed
upon me I give and devise as in the manner following
Item - I give and devise unto my son Cuthbert and to his heirs all my land lying on the lower side of the Reedy Creek in Brunswick County whereon he now lives with the appurtenances thereunto belonging.
Item - I give and devise unto my aforesaid son Cuthbert one negro fellow named Sam and my negro boy named Jemmy and all other moveables where with he my said son is now possessed with which heretofore have been delivered to him by me.
Item - I give and devise unto my daughter Sarah one negro boy named Tom.
Item- I give and devise unto my son William all the remainder of my land lying in Brunswick County on the upper side of the Reedy Creek aforesaid with the appurtenances thereunto belonging the same to be for him and his heirs.
Item - I give and devise unto my said son William one negro wrench named Moll and her child which is named George and all other moveables where with he my said son Will is possessed with which has been heretofore delivered to him by me.
Item - I give and devise unto my son Isham and his heirs four hundred acres of land be the same more or less lying and being in Surry County on the North side of Nottoway River and bounded as followeth, to wit. Beginning at a corner Red Oak adjoining Harrison's line thence by a line of trees marked and choped in present of my said son's Cuthbert Will and Edward Davis to John Wilkersons land, thence by Wilkerson's Line to Harrison's aforesaid thence by Harrison's line to the beginning and if he my said son Isham dyes without heir then the said land to remain to my son Josiah and his heirs.
Item - I give and devise unto my son Isham all my land lying on the south side of Nottoway River in Surry County and if he my son Isham dyes without heir then to remain to my son William and his heirs and if he my son William dyes without heirs then to remain to my son Josiah and his heirs.
Item - I give and devise unto my son Isham one negro fellow named Ned, one feather bed and furniture one iron pot and ten head of cattle and the large black colt.
Item - I give and devise unto my son Josiah all my land heretofore unmentioned to be to him and his heirs except the use of my Manner Plantation which I devise unto my dearly beloved wife Ann during her widowhood and then to remain to my son Josiah and to his heirs and if he dyes without heirs then all the said tract of land heretofore unmentioned to remain to my son Isham and his heirs.
Item - I give and devise unto my son Josiah one negro girl named Frank and one feather bed and furniture one iron pot and ten head of cattle and my gunn.
Item - I give and devise unto my daughter Lucy one negro girl named Eva the same which my daughter has got already in her possession and one negro child named Milley.
Item - I give and devise unto my daughter Susannah one negro boy named Robin and if she my daughter dyes without heirs then to remain to my son Josiah and his heirs likewise I give and devise to my said daughter Susannah one side saddle at the value of three pounds ten shillings, one bed and furniture, one iron pott and ten head of cattle after her mothers decease.
Item - I give the use of my negroes as namely Jack, Besse, Rachel and Judy I lend my dearly beloved wife Ann during her widowhood and if she marries or dyes then Jack and Rachel to remain to my son Isham and Besse and Judy to remain to my son Josiah.
Item - I lend the rest of my whole estate to my dearly beloved wife Ann during her widowhood and when she marries or dyes then the remain to my son Isham and my son Josiah and my daughter Susannah then surviving equal to be divided.
Item - Lastly I constitute and appoint my sons Isham and Josiah to be
executors of this my last will and testament. In witness whereof
I have hereunto set my hand and seal the same with my seal this twenty-sixth
day of January one thousand seven hundred and fifty.
William (X) Smith
Law Gibbons
John Wilkerson
George Robartson
Surry Co. Court 15 Oct 1751
The within written last Will and Testament of William Smith -
deceased was presented in court by Isham Smith and Josiah Smith the executors
therein named who made oath thereto according to the law and the same was
proved by the oaths of John Wilkerson and George Robartson two of the witnesses
thereto and by the court ordered to be recorded and on the motion of the
said executors certificate is granted them for obtaining a probate thereof
in due form.
Aug Claiborne Clk
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