1844 - Smith to George - Washington Co, VA
Manumission Item Data Item Type Metadata
Date
07/24/1844
Manumitter
Manumitted
Number of Persons
1
Text of Freedom Document
I Francis Smith of Washington County Virg being of good health and mind as can under do make this my last will & testament revoking all others.
I give my whole estate both real and personal which I intend to include all I have of every kind of my daughter Mary Frances Trigg Robertson and her heirs forever.
In case my daughter should die without children or a child or their descendants then my will is that my property be divided equally between my wife’s family & Kitty Findlay my niece and Hickman Spiller my nephew; that one half to be divided between Kitty Findlay & Hickman Spiller and the other half between Rhoda Campbell, Guy Trigg, Abram Trigg Sen’r, Joseph Trigg’s children representing their father his share and Wm Trigg’s children representing their father’s share and Wm Trigg’s children representing them for their father’s share, after Wyndham Robertson has had the use of the real estate during his life its rents and profits without accountability for waste. The personal property and everything except my lands I give to him and his heirs forever in case of the death of my daughter without child or children be living.
I liberate my favorite boy Oscar son of Charlotte at twenty one years of age and give him one hundred dollars. I appoint Wyndham Robertson and my daughter Mary executors requiring them to give no bond, make no inventory, and have no sale, and I earnestly require my executors to prevent the recovery of anything from my estate by Doctor McCall to whom I owe not one dollar and whose suit is must unjust as I declare before my maker. Given under my hand the 4th of October 1839.
Teste Francis Smith
David C. Clark
Job Clark
Jeremiah Bronaugh
As a codicil to the above will of the 4th of October 1839 I hereby liberate and set free forever my slaves Polly, alias Marsha, a wife of Alfred, Susannah my house servants & Eliza my cook, both of them children of Marsha. I also liberate my faithful old slave Edna and her daughter Delphia hoping as they are perfectly honest, harmless and well disposed that the courts having jurisdiction of such matters will permit them to remain in the state. Witness my hand and seal this 27th of August 1840.
Teste Francis Smith (seal)
As further codicil to my will dated 4th of October 1839 and codicil thereto dated the 27th of August 1840 I revoke the said codicil dated 27th August 1840 altogether, did in leir of so much thereof as directs unconditionally that my slaves Marsha or Patty, Susanna & Eliza shall be set free, my will is that my executors allow them 24 [illegible] from the probate of my will within which to decide whether or not they will have their freedom, they or any of them, that shall within that period decide to have their freedom and so inform my executors shall be forth with liberated and set free [illegible] but if they will not so decide and request to be set free within the required period then the privileges herein granted is to be held forever forfeited and lost and I request my executors to make known as early as can be done and explain this my codicil to my said slaves as early as convenient after probate of my will. Witness my hand and seal this 17th day of January 1842.
Witnesses present Francis Smith (seal)
Arch’d Robertson
Mary S. Trigg
I Francis Smith do make and ordain the following codicil to my last will and testament. It is my desire that my servant George be emancipated and also that he remain in the state if leave can be obtained for that purpose, and in order to carry into effect the intention aforesaid, I give and bequeath the said George to my friends Alexander Findlay and William H. Spiller with a request and injunction that if the said George can get liberty to remain in the Commonwealth of Virginia, then they immediately by a proper deed emancipate and set free the said George, but should liberty not be granted to the said George to remain in the state, and should the said George to obtain his freedom and leave the state, then it is my desire that the said Alexander Findlay and William H. Spiller should emancipate the said George immediately. And should the said George fail to obtain leave to remain in the state & should he not desire to remove from said Commonwealth then it is my desire and request that my said friends Alexander Findlay and William H. Spiller take good care of the said George and give him as much liberty as in consistent with the laws of the land. In testimony whereof I have hereunto set my hand and affixed my seal this 24th day of July 1844.
Teste Francis Smith (seal)
Tho’s M. Tate
William Saunders
At a court held for Washington County the 26th day of August 1844. A writing purporting to be the last will and testament of Francis Smith deceased bearing date on the 4th day of October 1839 and three codicils thereto one bearing date the 27th day of August 1840, another bearing date on the 17th day of January 1842, and the other the 24th day of July 1844 were produced in court by Wyndham Robertson the executor named in said will and Peter C. Johnston and Charles S. Bekem being duly sworn generally deposed that they are well acquainted with the testators handwriting and verily believe the said writings dated on the 4th day of October 1839, the 27th day of August 1840 and the 17th day of January 1842, and the name to them subscribed to be wholly written by the testators own proper hand. Whereupon the said writings are ordered to be recorded as the true last will & testament of the said Francis Smith deceased. And on the motion of Wyndham Robertson the executor named in the said will who took the oath of an executor prescribed by law and entered into and acknowledged his bond in the sum of four hundred thousand dollars and it having been requested by the said testator that he should not be required to give security on obtaining probate of the said will, a certificate is therefore granted him for obtaining letters testamentary on the estate of the said Francis Smith dec’d in due form without giving security. At a court continued & held for Washington County the 29th day of August 1844. The codicil dated the 24th day of July 1844 to the last will and testament of Francis Smith dec’d was proved in courts by the oath of William Sanders one of the subscribing witnesses thereto.
I give my whole estate both real and personal which I intend to include all I have of every kind of my daughter Mary Frances Trigg Robertson and her heirs forever.
In case my daughter should die without children or a child or their descendants then my will is that my property be divided equally between my wife’s family & Kitty Findlay my niece and Hickman Spiller my nephew; that one half to be divided between Kitty Findlay & Hickman Spiller and the other half between Rhoda Campbell, Guy Trigg, Abram Trigg Sen’r, Joseph Trigg’s children representing their father his share and Wm Trigg’s children representing their father’s share and Wm Trigg’s children representing them for their father’s share, after Wyndham Robertson has had the use of the real estate during his life its rents and profits without accountability for waste. The personal property and everything except my lands I give to him and his heirs forever in case of the death of my daughter without child or children be living.
I liberate my favorite boy Oscar son of Charlotte at twenty one years of age and give him one hundred dollars. I appoint Wyndham Robertson and my daughter Mary executors requiring them to give no bond, make no inventory, and have no sale, and I earnestly require my executors to prevent the recovery of anything from my estate by Doctor McCall to whom I owe not one dollar and whose suit is must unjust as I declare before my maker. Given under my hand the 4th of October 1839.
Teste Francis Smith
David C. Clark
Job Clark
Jeremiah Bronaugh
As a codicil to the above will of the 4th of October 1839 I hereby liberate and set free forever my slaves Polly, alias Marsha, a wife of Alfred, Susannah my house servants & Eliza my cook, both of them children of Marsha. I also liberate my faithful old slave Edna and her daughter Delphia hoping as they are perfectly honest, harmless and well disposed that the courts having jurisdiction of such matters will permit them to remain in the state. Witness my hand and seal this 27th of August 1840.
Teste Francis Smith (seal)
As further codicil to my will dated 4th of October 1839 and codicil thereto dated the 27th of August 1840 I revoke the said codicil dated 27th August 1840 altogether, did in leir of so much thereof as directs unconditionally that my slaves Marsha or Patty, Susanna & Eliza shall be set free, my will is that my executors allow them 24 [illegible] from the probate of my will within which to decide whether or not they will have their freedom, they or any of them, that shall within that period decide to have their freedom and so inform my executors shall be forth with liberated and set free [illegible] but if they will not so decide and request to be set free within the required period then the privileges herein granted is to be held forever forfeited and lost and I request my executors to make known as early as can be done and explain this my codicil to my said slaves as early as convenient after probate of my will. Witness my hand and seal this 17th day of January 1842.
Witnesses present Francis Smith (seal)
Arch’d Robertson
Mary S. Trigg
I Francis Smith do make and ordain the following codicil to my last will and testament. It is my desire that my servant George be emancipated and also that he remain in the state if leave can be obtained for that purpose, and in order to carry into effect the intention aforesaid, I give and bequeath the said George to my friends Alexander Findlay and William H. Spiller with a request and injunction that if the said George can get liberty to remain in the Commonwealth of Virginia, then they immediately by a proper deed emancipate and set free the said George, but should liberty not be granted to the said George to remain in the state, and should the said George to obtain his freedom and leave the state, then it is my desire that the said Alexander Findlay and William H. Spiller should emancipate the said George immediately. And should the said George fail to obtain leave to remain in the state & should he not desire to remove from said Commonwealth then it is my desire and request that my said friends Alexander Findlay and William H. Spiller take good care of the said George and give him as much liberty as in consistent with the laws of the land. In testimony whereof I have hereunto set my hand and affixed my seal this 24th day of July 1844.
Teste Francis Smith (seal)
Tho’s M. Tate
William Saunders
At a court held for Washington County the 26th day of August 1844. A writing purporting to be the last will and testament of Francis Smith deceased bearing date on the 4th day of October 1839 and three codicils thereto one bearing date the 27th day of August 1840, another bearing date on the 17th day of January 1842, and the other the 24th day of July 1844 were produced in court by Wyndham Robertson the executor named in said will and Peter C. Johnston and Charles S. Bekem being duly sworn generally deposed that they are well acquainted with the testators handwriting and verily believe the said writings dated on the 4th day of October 1839, the 27th day of August 1840 and the 17th day of January 1842, and the name to them subscribed to be wholly written by the testators own proper hand. Whereupon the said writings are ordered to be recorded as the true last will & testament of the said Francis Smith deceased. And on the motion of Wyndham Robertson the executor named in the said will who took the oath of an executor prescribed by law and entered into and acknowledged his bond in the sum of four hundred thousand dollars and it having been requested by the said testator that he should not be required to give security on obtaining probate of the said will, a certificate is therefore granted him for obtaining letters testamentary on the estate of the said Francis Smith dec’d in due form without giving security. At a court continued & held for Washington County the 29th day of August 1844. The codicil dated the 24th day of July 1844 to the last will and testament of Francis Smith dec’d was proved in courts by the oath of William Sanders one of the subscribing witnesses thereto.
Record Location
WB 9:336
Document Type
Last Will & Testament
Notes
unclear which individuals chose to be free, later documents found for George, Eliza Phillips & Susanna (WB 9:370, 9:371)
Files
Collection
Citation
“1844 - Smith to George - Washington Co, VA,” Manumission Project, accessed December 16, 2025, https://manumissionproject.omeka.net/items/show/2784.