Written March 25, 1786
COPY
WILL OF JEREMIAH SMITH --- September 10, 1787
In the name of God Amen! I Jeremiah Smith of Frederick County and Commonwealth of Virginia
being aged and infirm but of perfect memory and senses and calling to mind the
uncertainty of Human Life have determined to make this my last Will and
Testament in the manner following: In
the first place I recommend my soul to God who gave it and my body to the earth
to be buried in a decent Christain like manner at the direction of my Executor.
As to the Worldly Goods which it has pleased God to
bless me with I dispose thereof as follows:
Imprimis - I give unto my well beloved wife Ann the
Plantation whereon I now live during her natural life, that is to say such part
of it as is situated on the Easterly side of Back Creek, with all the rents and
profite thereof and also one third part of all my personal estate forever to
use and dispose thereof as she may think proper, and all the remainder of my
personal estate I give to my two youngest daughters namely Abigail and Rachel
to use and dispose thereof as they may think proper.
Item - I give and bequeath unto my son Samuel two
hundred acres of land being the lower part of that survey on which he now lives
to him, his heirs and assigns forever.
Item - I give and bequeath unto my son Andrew Smith
two hundred acres of land, fifty acres of said land to be taken off the tract
whereon my sons Samuel and Jeremiah now live and the other one hundred and
fifty acres to be taken off my other three Surveys to be laid off and divided
at the direction of my Executors thereafter to be named, which land I give to
my said son Andrew his heirs and assigns forever.
Item - I give and bequeath to my sons George and
Jonathan the whole of what lands I have that is not willed to my other children
to them their heirs and assigns forever to be held by them as Tenants in
common, yet so as that they are not to possess that part that is left to my
wife during her life, but after her decease they are to hold and enjoy the land
that is Willed to her, and it is my will that if either of my sons George or
Jonathan shall die before they arrive at the age of twentyone years the
survivor shall possess the part willed to the other and if they shall both die
before they arrive at the age above mentioned, land is to be divided between my
other three sons above mentioned or their heirs, they paying to my daughters
Abigail and Rachel twenty pounds current money of Virginia each, and if either
of the said daughters shall die before she shall receive the said sum the
survivor shall be entitled to her twenty pounds. And whereas I had a son Thomas who left me many years ago and it
is very uncertain if he is yet alive, but if he should be living it is my will
that each of my three sons namely Samuel, Jeremiah and Andrew do pay him the
said Thomas five pounds current money in lue of all legacies from me.
Lastly - I do constitute, appoint and ordain my well
beloved wife Ann Executrix and my sons Samuel and Jeremiah Executors of this my
last will and testament, Revoking and declaring void all former and other wills
and testaments by me made or done.
In witness whereof I have hereunto set my hand and
seal this 25th day of March, One Thousand Seven Hundred and Eightysix.
Jeremiah
Smith (seal)
Signed, sealed and
published and delivered
Witnesses
Samuel Boyd
Robert White
Grences White
---------------held for
Frederick County the tenth of September, 1787.
This last Will and
Testament of Jeremiah Smith was proved by the witnesses of Samuel Boyd and
Robert Whit and ordered to be recorded and on the motion of the Executors.
Samuel Smith and
Jeremiah Smith two of the Executors thereon named who made Oath according to
law certificated in granted them for obtaining probate thereof in due form
giving security whereupon they will securily enter into and acknowledge Bond
condoned as the Law Directs Ann, Widow of the said decedent in open court
refused taking upon herself the burden of Executrix and also the to the said will which is ordered
to be certified.
BY
THE COURT
J.
A. KEITH CIE
Page 161 Jeremiah Smith Will
Will Book No. 5 --
Frederick County
Winchester, Virginia
Copied by George P.
Cather
September 1922
Retyped on
9 August, 1997 by M. Blaire Wilson, 6th great-grandson of Captain Jeremiah
Smith. This document was typed exactly
as Mr. Cather typed it with the exception of some format changes.