Last Will and Testament of Peter Smith of Westmoreland
In the name of God, Amen. The tenth day of January 1738, I Peter Smith of the County of Westmoreland in Virginia being in health and of perfect mind and memory thanks be given unto God therefor calling to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last will and Testament that is to say Principally and first of all I give and Recommend my soul into the hands of God that gave it and my body I Recommend to the Earth to be buried in decent Christian Buryal at the discretion of my Executors nothing doubting but at the General Resurrection I shall receive the same again by the mighty Power of God and as touching such worldly Estate wherewith it hath pleased God to bless me in this life I give devise and dispose of the same in the following manner and form.
Imprimise. I give and bequeath to my Daughter Mary Fleming forty eight acres of Land where she now lives according to the courses of a Survey that Barber made Beginning at a corner tree of Whetstons land to her and her heirs for Ever.
Item. I give to my son Peter Smith the Remaining Part of all the land that I possess in Westmoreland County to him and his heirs for Ever.
Item. I give to my son James Smith three hundred and twenty five acres of Land in Prince William County lying and being on Bull Run where he now Lives to him and his heirs for Ever.
Item. I give and bequeath to my son Thomas Smith three hundred and twenty five acres in the aforesaid County where he now lives to him and his heirs for Ever.
Item. I give to my son William Smith three hundred and twenty five acres in the aforesaid County to his liking out of the Remaining Part of the same tract of Land to him and his heirs for Ever.
Item. I give to my Daughter Abigail Fleming and my Grand Daughter Anne Bailey the Remaining part of that tract of Land in Prince William County aforesaid my daughter Abigail having the first choice, to them and their heirs for Ever. AND as for what moveable Estate it hath pleased God to bestow upon me I give and bequeath as Followeth.
Item. I give and bequeath to the heirs of my son John Smith one shilling Sterling money.
Item. I give to my son James Smith one shilling Sterling money.
Item. I give to my son Thomas Smith one shilling Sterling money.
Item. I give to my son William Smith one shilling Sterling money.
Item. I give to the heirs of my Daughter Anne Thomas one shilling Sterling money.
Item. I give to my daughter Mary Fleming one shilling Sterling money.
Item. I give to my Daughter Hannah Ware one shilling Sterling money.
Item. I give to my Daughter Martha McClanahan a feather bed at the discretion of my Executor
Item. I give to my Daughter Abigail Fleming one shilling Sterling money.
Item. And the rest of my moveable Estate not already bequeathed I give and bequeath to my son Peter Smith whom I likewise Constitute make and ordain my whole and sole Executor of this my last will and Testament. And I do hereby utterly Disallow Revoke and disannull any and every other former Testament Wills Legacies and Bequests and Executors by me in any way before named willed and bequeathed Ratifying and confirming this and no other to be my last will and Testament. In witness whereof I hereunto set my hand and seal the day and year above written.
Peter Smith (Seal)
Signed Sealed Published and Pronounced and declared by the said PeterSmith as his last will and Testament in the presence of us. Witnesses. James Walker, Stephen Bailey, Jr., Hugh Thomas.
Westmoreland SS At a Court held for the said County the 28th day of April 1741. This last will and Testament of Peter Smith deceased. Being presented into Court by Peter Smith his son and executor who made oath thereto and being proved by the oath of all the Witnesses thereto is admitted to Record and upon the motion of the said Executor and his performing what is usual in such cases Certificate is granted for him obtaining a Probate thereof in due form. Recorded the twelfth Day of May 1741.
The Last Will and Testament of William Davis
In the name of God Amen, I, WILLIAM DAVIS of the County of Hyde in the state of North Carolina, being of sound and perfect mind and memory Blessed be God do this tenth day of April Anno Domini eighteen hundred and two, make and ordain this my Last will and testament in the manner and form following:
To wit, First, I give and bequeath to my son, John Davis the Plantation on which he now lives beginning at an Ellem on the river side running from thence across the ridge to the back swamp to him and his heirs forever.
Secondly, I give and bequeath to my son Jesse Davis the manner plantation with fifty acres out of a hundred of a new survey below the manner plantation the said manner plantation to him and his heirs forever reserving to my beloved wife, Elizabeth Davis the use of the said manner plantation during her natural life.
Thirdly, I give and bequeath to my son, Richard Davis one hundred acres of land I bought of James Wilkinson to him and his heirs forever. I also, give him my blacksmiths tools with my gun.
Fourthly, I give and bequeath to Frederick Allen as a token of my friendship thirty five acres of land out of an hundred acres of a new survey below the manner plantation to him and his heirs forever. I also, give and bequeath to my son, John Davis fifteen acres of land out of the same survey joining the great branch to him and his heirs forever. I also, give to Frederick Allen one, two year old heifer and her increase and I request my Executors after my death to deliver the said heifer and her increase if alive to the said Allen or his guardian for the use of said Allen. I give to my daughter, Sarah Stilley five shillings current money of this state to be paid to her by my executors after my death out of my personal property.
Item, I give and bequeath to my beloved wife, Elizabeth Davis a negro girl named Jemima to her and her heirs forever.
Item, I give and bequeath to my son, John Davis my negro boy named Gabrel to him and his heirs forever. I give and bequeath to my son, William Davis a negro boy named Joseph to him and his heirs forever. I give and bequeath to my son, Richard Davis a negro boy named Moses to him and his heirs forever. I give and bequeath to my daughter, Lydia Davis a negro girl named Kesiah, to her and her heirs forever. I give my daughter, Winiford Winfield thirty pounds current money of this state to be paid to her as I shall hereafter mention. I also give and bequeath to my daughter, Rebeca Rogers five shillings current money of this state to be paid to her by my Executors after my death out of my personal property. I give and bequeath to my daughter Rebecah Rogers three orphan children ten pound apiece current money of this state to be paid to them when they come of age as I shall hereafter mention.
Item, I lend my negro woman named Cate to my beloved wife during her life and afterwards I give her to my son Jesse Davis, I also give to my son Jesse my negro woman named Judith and my negro girl named Silard to him and his heirs forever, on condition that he shall pay to my daughter Winford Winfield thirty pound current money of this state and ten pounds apiece of my daughter Rebecah Rodgers three orphan children current money of this state as I have given unto them, I give to my four sons all my carpenters and farmers tools to be equally divided.
It is my will and pleasure that my beloved wife, Elizabeth Davis and my two sons, Jesse and Richard Davis and my daughter, Lydia should have all the remainder of my personal property that is not already given away to be equally divided amongst them. And I hereby make and ordain my three beloved sons, John, William and Jesse Davis Executors of this my Last will and testament in witness whereof I have hereunto set my hand and seal the day and date above written.
/s/ Wm. Davis
Witnesses: Jacob PAUL, Stephen Carter, Ezra Paul
Will proved by oath of Ezra Paul
Ben Foreman, Clk. Materials
