Last Will and Testament of John Smith

Source: "West Virginia Will Books, 1756-1971," database with images, FamilySearch ( : 21 June 2016), Pendleton > image 121 of 252; county courthouses, West Virginia.

Original document

My transcription:

	In the name of God Amen - I, John Smith, of Pendleton County
Virginia; calling to mind the uncertainty of life, and the certainty of 
death; and being desirous to dispose of such worldly goods, or Estate
as it hath pleased God, to bless one with, I give and bequeath the same
in manner and form following, that is to say - 
	First I desire that at a convenient time after my decease that
the perishable past of my estate (Except such part thereof as in herein
otherwise disposed of) be sold out of the proceeds of the sale, and debts
which may be due to me at the time of my death; I desire all my
just debts, funeral expenses and the following legacies to be paid - 
	Second after the payment of my debts, and funeral expenses
I give, and bequeath ot my son Henry Smith, one hundred fifty dollars. 
	Third I give and bequeath to my daughter Sally Armstrong
Two hundred and seventy five dollars -
	Fourth I give and bequeath to my son Samuel Smith, my home
plantation containing all the lands that I now own on the South Fork, 
between the lands of John Bodkin and John Smith Jr; and all that 
part of my Crummet Tract lying south of a line, Beginning at a 
red oak on George Rexrodes line, and running south fifty two degrees
East passing a leaning red oak near the fence to a small 
chestnut oak near my former line, one horse beast his choice of all I
may have at my death, one cow, two year old steer, one bed bedstead
and furnitures, and one large kettle, to him and his heirs forever - 
	Fifth I give and bequeath to my son Joseph Smith, the 
remainder of my Crummet Tract of land lying north of the above
mentioned line, during his natural life; but in case he shall, hereafter
have a child or children by his present Wife, or any other wife he
may hereafter marry, then and in that case, to him and his heirs
forever; Nevertheless it is to be understood that the above Bequeath to my 
son Joseph ^ shall depend on his his future good behavior to me, and his other brothers - 
	Sixth I give and bequeath to my sons, Jacob, John, Daniel, Peter
and Christian Smith one dollar each, having heretofore given them that
part of my Estate, that I intended for them -
	Seventh after the payment of my debts, funeral expenses, and 
the above mentioned legacies, I give and bequeath the Balance of my 

personal Estate, and debts which may be due to me at my death, to be equally divided between all my children, and their heirs, share and share alike, Eightly and lastly, I do hereby constitute and approach Jacob Stone and James Armstrong Executors of this my last Will and Testament hereby revoking all others or former Wills or Testaments by me heretofore made - In witness whereof I have hereunto set my hand, and affixed my seal this 31st day of March 1838 - Signed sealed published and delivered by John Smith, as and for his last John Smith {seal} Will and Testament, in presence and hearing of us, who at his request and in his presence have subscribed our names as witnesses The words bed bedstead and Th. Jones furniture were intestined before Jesse Chew signing - Th. Jones At a Superior Court of Law and Chancery witnessed and held for the County of Pendleton on Thursday the 3rd day of May 1838 This last Will and Testament of John Smith Sr. was proved by the oaths of Thomas Jones and Jesse Chew the subscribing witnesses thereto and Ordered to be Recorded - And on the motion of Jacob Stone, one of the Executors therein named, who made oath thereto, and together with Thomas Jones and Harmon Hiner his Securities (who justified according to Law) entered into and acknowledged their bond in the penalty of sixteen hundred dollars Conditioned as the Law directs. Certificate is granted him for obtaining probat thereof in clear form - Testi ~~~~~ L Dyson, C.C. Exam? ~~~~~

Back to John Smith

Developed in February 2017.