Christopher Smith's Will

Date: 1802 [unknown]
Location: Louisa, Virginia, United States
Surname/tag: Smith, Kinney, Overton

This page is a transcription of Christopher Smith's will. Christopher Smith was a wealthy plantation owner in Louisa and Hanover counties, owned over 4,000 acres of land and almost 100 slaves. He emancipated the Kinney family in his will.

I have made paragraphs for the will for readability. The original is one solid block of text.

Also available are an inventory of his estate as well as a settlement record.

There are two other space pages related to Christopher Smith. The Slaves of Christopher Smith and The Kinney Family of Louisa County, VIrginia.

The purpose of all three pages is to accurately identify the slaves and freed black families that came from the Smith plantation. As profiles for the various people are created, they will be linked to these pages.

I Christopher Smith of the County of Louisa taking into consideration the certainty of death, but being uncertain when it may happen, have determined at this time to make my last will and testament, which I do in form and manner following Viz;

It is my will and desire that all my just debts should be paid.

It is my will and desire that the following slaves be manumitted. Betty Kinney her son Billy Kinney, her daughter Sally Kinney with the children of said Sally Kinney, to wit, Louisa, John, David, Amelia & Sam and every other child or children which she may hereafter have and hereby do emancipate and set free the said Betty Kinney, Billy Kinney, Sally Kinney and the said children of Sally Kinney Louisa, John, David, Amelia & Sam.

It is my will that any executors hereafter named should lay off and allot to the said Betty Kinney, Billy Kinney, Sally Kinney and the said children of Sally Kinney fifty acres of land off the tract I now live on at such place as my excrs may think proper whereon they may reside during the life time of Sally Kinney, and at her death I give the said fifty acres of land to her two daughters Louisa & Amelia and their heirs forever.

It is my will and desire that the sons of Sally Kinney that is to say John, David & Sam, after being educated? in the common manner that children are educated in this part of the County at the expense of my estate be bound to some trade such as my executor may think best, wishing my said executors to take into consideration their future welfare more than their present ease and convenience.

I give to Lousia Kinney and Amelia Kinney the sum of twenty five pounds each when they come of age respectively.

It is my will and desire that my executors hereafter named choose two negroes for each place where I at present have an ??? and that they be ?? in the lands under such management as my executors may direct, that all my other negroes except my blacksmiths, and those hereafter loaned my mother be sold by my said executor on such credit as they may deem ??? to the interest of my legatees.

It is my will and desire that the stock of cattle, hogs, sheep & horses be kept on the plantation where they now are except my executors may think the plantation overstocked, when they are requested to sell as many of these as may think proper.

It is my will and hereby I do give and bequeath to my brother Charles Smith the sum of two thousand dollars to be raised out of the sale of my negroes heretofore directed to be sold, which sum with the land which is hereafter desired him will I expect make what I give equal to what I gave heretofore by deed to my brother John S. Smith but my said brother Charles must be responsible for one fifth part of all sum of money which may be due or recovered from my estate on account of any debt or debts due from John Snelson or my father Charles Smith decd. after giving credit for the money which be recovered of Garland Anderson by virtue of his deed of trust made to secure the said Charles Smith dedc.

I likewise give and bequeath to my said brother Charles Smith one sixth part of all my lands in Louisa and Hanover to be laid off in one tract in either of said Counties, which tract shall be deemed by same for that purpose appointed, of the value of one sixth part of all my land.<p> <p>I likewise give to my said brother Charles as a testimony of my affection for him my fowling piece.

I give to my son Christopher Lewis Smith my silver watch.

It is my will and desire that the negro stock to which I have directed to be retained in my different plantations be kept there for the benefit and support of my children, Christopher Lewis Smith, Catherine Snelson Smith and Nathaniel Anderson Smith, except those hereafter loaned my mother, until my son Christopher Lewis Smith comes of age that then the land and negroes to be laid off so as to give him one third together with on third of the stock of all kinds plantation utensils & all the ballance kept together until my daughter Chatherine Snelson Smith come of age, when one half of the other or remaining and slaves stock etc shall be laid off and alloted to her, the blanace to be given up to my son Nathaniel Anderson Smith when he comes of age all of which said land slaves etc I give to them and their heirs forever.

I give to my daughter Catherine Snelson Smith a negro girl that now waits on her by the name of Had?? to her and her heirs forever.

I give to my beloved mother during her life the land whereon I now live together with the ten slaves my excrs may direct to ??? on that tract of land. Likewise her choice of three maids out of my negroes likewise a gardener and a driver for the carriage which ??? the carriage all my household and kitchen furniture of any kind and description I lend to her during her life.

It is likewise my will and desire that my executor if the profits of the estate thus loaned her should not be sufficient to support her in the manner she has usually lived furnish here with such things as shall enable her to live as she at present lives.

It is my wish that my executors be not particular in this but that they supply her liberally as she has been to me the best of mothers.

All the rest of my estate I give to my three children, Christopher Lewis Smith, Catherine Snelson & Nathaniel Anderson to receive it when they come of age respectively, the money which my are to be ??? for, I desire may be put out at interest on good security for the benefit of my children.

It is my wish that my children collected at the direction of my exeuctors, Having heretofore given my brother John S. Smith the part of my estate intended for him and his wife, give to her, my sister in law, the sum of five guineas to be laid out in a gold mourning locket.

It is to be understood that my mother releases all claim she has against me for any thing that my due her as her proportion of my father's estate, if she accepts the legacy left for her by this will.

I give my friend David Bullock five guineas to purchase a lockett of remembrance and affection.

I hereby constitute and appoint my brothers John S. Smith & Chas Smith excrs to this my last will and testament, hereby revoking all other wills by me made and declaring this to be my last. As witness my hand and seal this 17th of July 1802.<p> Signed sealed & published in presence of W.</blockquote>