as I received it from Ann Mellard, who copied and shared it.
Recopied and shared by Ann Mellard, May 1984.
In the Name of God, Amen. JOHN SMITH of the State of North Carolina being weak of body but of sound mind and memory Blessed be God do this 12th day of February in the year of our Lord 1798 make and publish this my last will and testament as follows|
I give to my beloved wife MARTHA POTTER SMITH Land and Plantation whereon Mrs. Polley Jordan now lives on the road leading to the little survey on the north side joining also another on the north side, Bounded by the old survey Bathela(?) Besses(?) during her natural life or widowhood...
I give to my wife Martha Potter Smith a Negro girl named Beth(?) together with all the household furniture and kitchen furniture; also a young sorrel mare and her choice out of my stock of cows also the old mill and utensils appertaining thereto and six head of sheep and my whole stock of hogs (line obliterated here)
After my wife's death or marriage the land given her to be sold and equally divided between my two sons SAM and JOHN SMITH and my two daughters RACHEL RUSSEL and MARTHA CANTRELL to them or any of their legal representations(?).
Also I give to my daughter Rachel Russell wagon and harness gear to her and her heirs forever.
I give my daughter LYDDA WATERS five pounds
I give my daughter MARY HUFF five pounds
I give my daughter ANN BOSTICK one pound
I also will that after (my wife's death?) that the whole of my estate both real and personal (not disposed of by this will otherwise) be sold by my executors and the money accrued from such sales to be equally divided between my two sons, Samuel and John Smith, and my two daughters, Rachel Russel and Martha Cantrell.
I hereby appoint my wife Martha Potter Smith executrix of this my last will and testament and I hereby revoke and declare all others or former wills to be null and void;
in witness hereunto I do affix my hand and seal this day and year
In the presence of:Seal
George Jones, Jeremiah NorrisJohn Smith
Recorded on pp. 16 - 17 of Wills prior to 1804
JOHN SMITH: Will continued on page 18 of Wills prior to 1804;
I give to my son John Smith a Negro man named James to him and his heirs forever.
I give to my daughter Rachel Russell a Negro woman Amey to her and her heirs forever.
I give to my daughter Martha Cantrell a Negro girl names Bess(?) to her and her heirs forever.
I give to my son Moses Smith(?) 250 acres of land lying on the Zeros(?) Spring to him and his heirs forever, also 10 pounds later to be paid by my executors as soon as the money can be raised out of my estate.
I give to my daughter Martha Cantrell an entry and survey of land to extend to the divided land of Sam, given to her and her heirs forever.
I give the balance of the said tract of land to my son Sam Smith and also my whip saw to him and his heirs forever.
I give to Martha Cantrell a shoffele(?) (shovel) to her and her heirs forever.
I give to John Smith a coose (cross) cast(?) saw, to him and his heirs forever (paper worn and words not legible)
Also I give to wife Martha Potter Smith the present crop, be it more or less and all the above mentioned articles from(?) the first to fifth to be disposed of as she pleaseth(?)
I give to my two sons, Sam and John (the land) he now lives on to be divided as follows: Beginning at a branch on the south side of Creek to the Spring branch of the whole(?) from thence north to the old line of the record(?) survey, Sam Smith the west side and John Smith the east side, to them and their heirs forever.
I give to Sam Smith with the tract of land he now lives on to him and his heirs forever also a Negro woman named Tanin to him and his heirs forever.
Part of the tools to Sam Smith and part to John Smith, (my sons):(can't read names of tools)...to be divided between them and their heirs forever.
State of North CarolinaMay term 1798
This certifies that the within will of JOHN SMITH was duly proved in open court by the oath of Jeremiah Norris and M. Calles Peterson.
Motion ordered to be recorded.
Test: William Bethell
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