Will of John Smith Sr

Date: 27 May 1838 [unknown]
Location: Lawrence Co., Alabama
Surname/tag: smith

WILL OF JOHN SMITH, SR.COUNTY OF LAWRENCE, ALRECORDED IN DEED RECORD VOLUME “I”, PAGES 66, 67 & 68 May 27, 1838.

In the name of God amen. I John Smith Senr of the State of Alabama, and County of Lawrence, living of sound and disposing mind and reason do make and ordain this my last will and testament and revoke all others by me at any time made.

1st All gifts of any of my property which I may have heretofore made to any of my children shall never be called in question by any settlement which may be made by any of them.

2nd I give and bequeath to my daughter Nancy Osborn one cow now in her possession at eight dollars.

3rd I now give and bequeath to my grand children the children of Nancy Osborn one note of $30 on Ephraim B.Osborn, and another of $20 on Nancy Osborn. Also 160 acres land whereon they now live, also the above named Nancy Osborn shall have the proceeds of said land during life. If that sum do not amount to an eleventh of my estate, the balance shall be made up to them out of my estate. It is my desire that my son John Smith be guardian to the children of Nancy Osborn.

4th I give and bequeath to the children of my son Levi Smith dec'd one Negro girl named Liza to remain in the service of Manerva Smith widow of said Levi Smith until his youngest child shall arrive at the age of twenty-one years then an equal division of said negro girl Liza and her increase if she have any between the said children and Manerva Smith, and at the death of Manerva Smith her part is to go back to the children.

5th I give and bequeath to my grandchildren the children of Rhoda McVay dec'd a note of two hundred and twenty some odd dollars on Javan McVay and if that sum do not amount to an eleventh of my estate, the balance shall be made up to them out of my estate.

6th I give and bequeath to Polly Morrow $5.

7th I give and bequeath to my grand children the children of Polly Morrow $70 in notes on William Morrow and if that sum do not amount to an eleventh of my estate, the balance shall be made up to them out of my estate.

8th I give and bequeath to my daughter Permelia Hutchens an eleventh of my estate.

9th It is my will and desire that all the rest and residue of my estate, both real and personal be equally divided between the following children (viz) Abraham Smith, John Smith Junr, Nathan Smith, Jacob Smith, Joshua Smith,Silas M. Smith and Sally Morrow.

10th It is my will and desire that all notes and accounts which I may have against any of my children or grand children shall stand for so much as part of their legacy and that without interest.

11th I hereby nominate and appoint Abraham Smith and John Smith Junr Executors of this my last will and testament.

In Witness whereof, I hereunto set my hand and seal

John Smith Senr (seal)Test

John M. Smith )

Ja. F. Smith )

Wm W. Smith )

The State of Alabama)

Personally appeared before me

Wiley Galaway Clerk of the Lawrence County LS)

County of said County, John Smith whose name is signed to the within and foregoing Will and Testament and acknowledged that he signed and sealed the same on the day and year therein mentioned, and that the works “Also 160 acres land whereon they now live Also the aboved named Nancy Osborn shall have the proceeds of said land during life” & the words dec’d were interlined at his request and that the same were intended before signing the same. Given under my hand and seal the 8th day of November 1839.

Wiley Gallaway Clerk (seal)

The State of Alabama)

I Wiley Gallaway Clerk of the County Court of said County, Lawrence County LS ) certify that the foregoing Will & Testament with the attendant Probate was deposited in my office for registration on the 8th day of November Instant and was this day duly Recorded in Deed Record Volume I pages 66 & 67.

In Testimony whereof I hereunto set my name at office the llth day of November 1839 Wiley Gallaway Clerk

Transcribed by: Rebecca Prescott Spalding E-mail: RebeccaCA2@aol.com