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.