Last Will & Testament

• Monroe County, 1861

• I William Smith of Monroe County and State of Virginia being of sound mind and disposing memory do hereby make my last will and testament in manner and form following To wit:
• 1st. I desire that all my just debts if any and funeral Expenses be fully paid off and discharged.
• 2nd. I give and bequeath to my wife Elizabeth Smith one third part of all my lands (Except 32 acres including the mill) during her natural life. also my 2 Negroes Jack and Clara and also one horse and three Milch Cows and such of the household and Kitchen furniture as she may need for her use and support all (Except the lands which are hereinafter disposed of) to be sold at her death and the proceeds Equally divided between my daughters.
• 3rd. Whereas my son Henry has bought of my son Anderson all of his interest in my Estate and I have assumed the payment of the debt to Anderson and as their remains unpaid of said debt One Hundred and seventy four dollars. Therefore I do give to my Son Anderson One Hundred and seventy four Dollars making his full Share of my Estate. If there is any interest on the above described debt I desire that it shall be paid.
• 4th. I do give to my two sons John and Michael my two tracts of land known as the Harvey tract and Mann tract the Harvey tract contains 232 acres and the Mann tract 440 acres I desire that Michael shall have the End on which he now lives the line across the bottom to run with the cross fence between two meadows which lie between the road leading up Hands Creek and the road leading from Hinchman's mill to Hands Creek to the line of the Harvey tract and with same down Hands Creek to the mouth of the Spring branch The uplands they are to divide Equally between themselves or appoint disinterested men to divide them whose decision shall be final I desire that John shall have the End which includes the Store house and in consideration of the above disposal I require that Each of them (John and Michael) shall pay to My Estate the sum of One Hundred and fifty Dollars.
• 5th. I bequeath to My son Sanford the tract of land on which he now lives and known as the Parker tract containing about 182 acres also a road Ten feet wide running from said Parker tract through my other lands to the public road which leads from the Hands creek church to Blue Lick run and in consideration of this bequest I require him to pay to my Estate the sum of One Hundred Dollars.
• 6th. I give and bequeath to my son Isaac the two tracts of land which I bought of John C Maddy and John Ellison containing about 110 acres and also a portion of the home tract joining same the line cutting off a portion of the home tract to Isaac to begin at a white oak corner on top of the ridge North west from my dwelling and run a south course to a maple corner to the Harvey tract and near the Hands Creek church and in consideration of same I require him to pay to My Estate the sum of One Hundred Dollars
• 7th. I give and bequeath to my son Henry all the remainder of the tract of land on which I now live Except the piece cut off for Isaac and the road for Sandor conditioned and provided he keeps his mother decently and plentifully during her natural life and I require him to pay to my Estate the sum of [text crossed out] Fifty dollars
• 8th. I desire that the 32 acre tract (Containing the mill) one half of which belongs to my son Michael shall be sold together with all my other property Except such as is herein before disposed of and the proceeds of my half of the 32 acres together with the proceeds of all debts and sale of personal property shall be Equally divided between my daughters Viz Cynthia Broyles Nancy Wyple Polly Thompson and Elizabeth Hickman and Rebecca Call
• 9th. I hereby constitute and appoint my two Sons John and Michael Executors of this my last will and testament
• 10th. I hereby revoke all former wills by me made and declare this my last will and testament. Given under my hand and seal this 22nd day of February 1861
• William Smith[Seal]
• James Kincaip
  Christopher Kelly
  William McDowellWitnesses