1846 - Smith to Hannah - Warren Co, VA

1846 - Smith to Hannah - Warren Co, VA

10/19/1846

3

I Rhody Smith of Warren County and State of Virginie being as usual and sound in mind, but being mindful that I must shortly go the way of all flesh, do hereby dispose of all my estate real and personal in manner and form following viz: After all my just debts and funeral expenses are paid. 1st I desire that my yellow woman Hannah and all her children that may be born of her before and after my decease be freed from slavery, and I bequeath unto her all her clothes, bed, and bedclothes, table and both my spinning wheels.
2nd It is my desire that Daniel Shambaugh shall pay no interest on the money for which he is secured for Spencer Lehen, the one fifth of which money belongs to me, and I hereby release him from the interest thereon.
3rd I will and desire that my black boy Isaac, now with brother Elisha Smith in the State of Ohio be freed from slavery when he arrives at the age of twenty one years, which will be the second day of June 1843, and that my brother Elisha pay whatever he may think due me for the service of Isaac while in his employ, to Rhody Smith Rogers, daughter of Wm. S. Rogers to be applied to education &c of Rhody S. Rogers.
4th I will and bequeath all my household and kitchen furniture (except what is already disposed of) to be equally divided between John S. Rogers and Levi Rogers.
5th I will and bequeath all my property real and personal that may be remaining after the several foregoing specifications are complied with for the benefit and comfort of my brother Thomas Smith, not to be put into his hands, but to be under the direction of my executor; and to be appropriated as he may think most profitable for the support and comfort of him my brother Thomas Smith. And if after his decease there should be any of my property remaining that has not been appropriated to him, I will and bequeath that residue to Rhody Smith Rogers, the daughter of William S. Rogers.
6th It is my desire that there be no publish sale of my property but the legatees divide the property and that my executor be authorized to sell any part of my estate that may be necessary to sell either real or personal and then sold at private sale, the sale shall be good and lawful.
7th And lastly I constitute and appoint my friend Marcus C. Richardson my sole executor and do hereby revoke and disannul all former wills and testaments made by me. In witness whereof I have hereunto set my hand and seal this 20th day of September 1838.
Signed, sealed and acknowledged Rhody Smith (seal)
In the presence
Tho Buck Jn
J.S. Davison
I Rhoda Smith of the County of Warren in the State of Virginia do hereby make and constitute this my first codicil to the last will & testament heretofore by me made. In the first place, I do hereby confirm and establish that portion of my former will which emancipates & sets free my mulatto slave Hannah & her children hereby declaring the said slave Hannah & the children which she now has or may have at the time of my death to be free & emancipated from the condition of slaves in the fullest manner, as well the small children now at home, as Lewis & James who are hereby emancipated after serving [?Abed Crabill?] until they shall respectively arrive at the age of twenty one years, according to my agreement with the said Abed Crabill dated this day. Secondly, I desire that Marcus C. Richardson who is hereby appointed the executor of my last will and testament as well as of this codicil thereto, will attend to the emancipation of the slaves aforesaid & I hereby invest him with full power & authority so to do. In testimony whereof I have hereunto subscribed my hand & affixed my seal this 6th day of October 1846.
Signed, sealed, published and Rhoda Smith (seal)
declared as the codicil to the last
will & testament of said Rhoda Smith in
our presence, we having signed our names as
witnesses hereto by the request & direction of said
Rhoda Smith

Wm. Leary
Philip E. Frederick
J.S. Davison

At a court held for the County of Warren on the third Monday in October 1846 being the 19th day of the month.
This last will and testament of Rhoda Smith dec’d with a codicil thereto on a separate piece of paper was produced in court and the said will proved by the oaths of Thomas Buck Jr. and John S. Davison witnesses thereto and the said codicil proved by the oaths of William Leary, Philip E. Frederick and John S. Davison witnesses thereto and the said will and codicil ordered to be recorded. And on the motion of Marcus C. Richardson the executor named in said will and codicil who was sworn and entered in bond conditioned according to law with William Bennett, Sam’l C. Richardson, & [?illegible?] his securities in the penalty of three thousand dollars certificate is granted him for obtaining probate of said will in due form.
Teste, Rob’t Turner CWC

WB A:366

LW&T

Additionally named children mentioned in deed by executor in Deed Book D:87