1805 - Smith to Hannah - King George Co, VA

1805 - Smith to Hannah - King George Co, VA

04/04/1805

1

I Mary Smith widow & relict of Thomas Smith dec’d, late of King George County, knowing from the course of nature that I must ere long follow my departed husband to his grave, do make and ordain this my last will and testament viz.
1st In consequence of the late losses and misfortunes of my son Caleb Smith, it is my will that the money he now owes me by bond shall not be demanded of him by my executors until the expiration of the time hereafter limited for the payment of money due me by my son Austin & that at the time he be fully acquitted, exonerated & discharged from said debt by payment of the principal only without interest.
2nd When my sons Seth and Austin were contracting with each other for Seth’s moiety of land devised them by their father, I promised (if I could) to assist Austin in the payment by loan of money without interest; in conformity to which promise, it is my will that what money my son Austin now owes me shall remain in his hands after my decease undemanded by my executors until my said son Austin shall have had reasonable time to finish and make sale of his crops to advantage which he may make the year ensuing the time of his last payment for the land to his brother Set and then to discharge the said debt by payment of the principal only without interest.
3rdly My cook woman Hannah being entitled to her freedom at my death & it appearing probably that she may be rather helpless and infirm & perhaps not able by her own labor to support herself, it is my will that she have the services of her daughter Caroline during her life, to live with her or otherwise as she may chose to be superintended by my son Austin whom I do also appoint trustee to see that my intention in this respect is answered, & that the law of the country is not violated in any manner by this bequest. And after the death of the said Hannah it is my will that the said girl Caroline and her increase to go and descend to all my children & their heirs equally.
4th It is my will and desire that all the money I may have by me, or be in any manner due me at the time of my death be equally divided in four parts & disposed of as follows viz. One fourth part I give to my daughter Frances Carter and her children to be disposed of and laid out either in land or other property for their use and benefit, as to my said daughter Frances and my son Caleb [illegible] I appoint trustee to manage this business, may seem most advantageous and beneficial in one other part I give and devise to my grandson George T. Riding to be paid him upon his arrival to the age of twenty one years provided however and I hereby declare it to be my desire that if the said George upon his arrival to lawful age aforesaid should be extravagant, wasteful and imprudent or partaking of the vices of youth but too common at this day, which may tend to sink and waste this little bequest of mine, in such case (to be judged by my executors) I do revoke this bequest & desire that the said one fourth may be equally divided between all the children of my daughter Winney Thornley by her first husband and their heirs, and in case any person should think him or herself aggrieved by such judgment or opinion of my executor, that upon notice given they appeal to the next court to be held for King George County whose opinion in this respect shall be binding. One other fourth I give to my daughter Tabitha D. Johnson and her heirs & the last fourth I give and devise to my daughter Jane Moxley & her heirs forever.
5th Should I have any other little articles of property of any kind at my death not hereby or herein disposed of, my will is that they go and descend to my daughters Frances Carter and Jane Moxley to be equally divided between them and their heirs, excepting my wearing apparel which I wish all my daughters to have a part of & to jointly in.
6th I appoint my sons Caleb & Austin executors of this my last will and testament, revoking all other will or wills by me made. In testimony whereof I have hereunto set my hand and seal the 6th day of July 1802.
Signed, sealed & acknowledged Mary Smith (seal)
by the testatrix as and for her
Last will & testament in
Presence of
Geo. C. Boon
John Arnold

At a monthly court held for King George County the 4th day of April 1805
The foregoing last will and testament of Mary Smith deceased being then presented into court by Caleb Smith one of the executors therein named, and proved by the oaths of George C. Boon and John Arnold, the subscribing witnesses thereto was ordered to be recorded. And the said Caleb Smith having made oath in the form prescribed by law and moreover with Austin Smith his security having entered into and acknowledged in court a bond in the penalty of one thousand dollars, conditioned as the law directs in such case certificate granted him for obtaining probate of the said will in due form. Austin Smith, the other executor named in the said will having refused to qualify as such.
Teste, Law. Berry Clk

Last Will & Testament

WB 3:1