1854 - Smith to Jinney - Isle of Wight Co, VA

1854 - Smith to Jinney - Isle of Wight Co, VA

04/03/1854

1

I Arthur Smith of the Commonwealth of Virginia and
County of Isle of Wight, by and with the authority of the law of the land
do constitute and ordain this to be my will and testament, in manner and
form folowing: First, I bequeath unto my nephew Algernon A. Whitehead
my tract of land, on the Cypress Mill road not far from Smithfield, to him
and his heirs forever, on condition nevertheless that he should pay to Virginia
Olivier an annuity of fifty dollars annually for and during her natural life.
Second, I emancipate my negro woman Jinny and require my Executor to
pay the expence of her transportation in a liberal manner, to any state or county
to which she may choose to go when required to leave Virginia. I recommending
to her to go to Jamaica, and I leave her moreover fifty dollars to be paid to her
in cash on her departure, and one dollar and fifty cents per month besides the ear-
nings of her labour during her stay in Virginia.
Third the balance of my estate I propose to divide amongst my heirs at law
except what would fall to Virginia Oliviers portion the interest only of which shall be
annually paid to her. And the principal after her death, if she die without leaving
descenants, to be distibuted to my other heirs.
Fourth I require my Executor to scrutinize closely my claims against my
estate after my death, as I owe nothing except of very recent occurence. And
I do hereby appoint my nephew Algernon A. Whitehead executor of this my will,
Signed with my own hand this thirty first day of January in the year 1852.
Arthur Smith

In Isle of Wight County Court April the 3rd 1854 a paper writing purporting
to be the last will and testament of Col. Arthur Smith dec'd was presented in court
by Algernon A. Whitehead the Executor therein named, and there being no subscribing
witness thereto, Charles B. Hayden and N.P. young were sworn & being examined
by the court, diposed that they were well acquainted with the testators handwriting,
and that they verily believed the said writing bearing date the 31st day of January 1852
and the name thereto subscribed, to be in the handwriting of said Arthur
Smith. Whereupon the said writing is ordered to be recorded as the true last will and
testament of the said Arthur Smith dec'd. And on the motion of the said Algernon
A. Whitehead the said executor, who made oath, and with Joseph R. Whitehead his
security who testified they entered into & acknowledged their bond in the penalty of
$4,000 with conditon according to law. Certificate of probat is granted him on said
will in due form of law.
Teste
N.P. Young Clk

WB 25:365

Last Will & Testament

recommends Jinny remove to Jamaica