Will of Jesse Smith

        

State of South Carolina)

Sumter District            )

 

    In the name of God, Amen, I, Jesse Smith of the State and District aforesaid being in usual health and perfect mind and memory, yet calling to mind that it is appointed to man to die, I do therefore make and ordain this my last Will & Testament.

    Principally and first of all, I resign my body to the dust, and my Spirit to God who gave it, and my worldly Estate as follows:

Item, 1st  It is my will and desire that my Executors after paying all my funeral expenses, and just debts, shall devide and dispose of the remaining part of my Estate in the following manner

 

Item 2nd I give and bequeath to my beloved Wife Mary Smith for her comfort and Support during her natural life, my House Household & Kitchen furniture, together with the use of the plantation on which I live, the Plantation tools, Utensils and privileges, a suitable horse and Carriage for her, four Milch Cows four negroes (viz) Abe, Siller, Virgil and Almero, and also two hundred bushels of corn and one thousand pounds nett pork. All the above named property to be hers during her natural life with such restrictions and Exceptions as this my last Will shall enjoin. At and after the death of my wife Mary Smith, It is my Will and desire that my Executors take the portion of perishable property herein given to her and divide it Equally among my children, (the child or children of any deceased child, to take the parents part) equally among them if more than one, and if but one, that one to take the whole

 

Item 3rd It is my will and desire that my Land be Equally divided between my two sons William H Smith and Jefse P Jmith in the following manner, to my son William H Smith, I give and bequeath all that Plantation or tract of Land known as the Middle division of Estate Lands of Arthur Smith decsd. containing according to division Platt dated Jany 30th 1844. One thousand and thirty one acres, to him his heirs and assigns forever, To my son Jefse P Smith at and after the death of my wife Mary Smith. I give and bequeath all the Plantation or tract of Land on which I live known as upper division of Estate Lands of Arthur Smith decsd. Containing according to Division Platt One thousand and thirty one acres to him his heirs and assigns forever

 

Item 4th  It is my Will and desire that the remaining part of my Estate not disposed of be divided in the following manner, To my son Jesse P Smith one bed bedstead and furniture, and the remaining part of my Estate, shall be divided into seven equal shares, to be given to my Children  and Grand children in the following manner, To my daughter Sarah Gause the wife of Bryant Gause, one share. To my daughter Priscilla Ann Corbett the wife of Jas Corbett one share, To my Son Thos L Smith one share, to my daughter Rhoda I Watts the wife of Rufus M Watts one share, To my Grand children the children of my daughter Margaret R Wilson decsd. the former wife of Hosea Wilson one share, to my son William H Smith one share, to my son Jesse P Smith one share, with the following restrictions, the two shares falling to my daughters, (viz) Sarah Gause and Rhoda I Watts, shall be sold and the money paid over to my daughters Sarah Gauss and Rhoda I. Watts or their children as soon as practicable. It is also my Will and desire that the share or one seventh intended for my Grand children the children of my daughter Margaret R. Wilson decsd., viz Jefse W Wilson Jas M Wilson and Thos R Wilson shall be given and I do hereby give in trust to my three sons Thomas L Smith William H Smith and Jefse P Smith to be kept by them and to be equally divided between my said Grand children as they severally come to the age of Twenty one years or marry the child or children of any deceased grand child to take the parents part, if more than one equally among them and if but one that one to take the whole of such deceased parents share.

And lastly I do hereby appoint my three Sons Thomas L Smith , William H Smith and Jefse P Smith Executors of this my last Will and Testament, and trustees for my three Grand children named above with full power and authority to make division of all or any part of my Estate both real and personal by calling in five disinterested freeholders from among my neighbors—In witness whereof I have hereunto set my hand and Seal this 30th day of Sept in the year of our Lord one thousand Eight hundred and fifty two.

 

                                                                                      his

                                                                             Jesse   X   Smith  (SEAL)

                                                                                      mark        

Signed and sealed in presence of

us as and for the last Will and

Testament of the said Jesse Smith

who in his presence subscribed our names

as witnefses thereto

The words be& and in the above

will interlined before signing

Jas. H. Chandler

A. A. McLeod

B. F. McLeod

 

Recorded in Will Book D-2, pge 401

Recorded Dec. 15th  1852)

 

Bundle 134, Pkge 2