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James Smith, d. 1749

Fairfax County Will Book A (No. 1), Part 2, page 280

In the name of God Amen, the 14th day of October I, James Smith of the County of Fairfax in the 1749 Colony of Virginia, being sick and weak but of perfect memory and understanding thanks be to God and calling to mind my mortal state and that it is appointed for man once to die, I do make and ordain this my last Will and Testament, that is to say first of all I recommend my soul into the hands of the Great God of Heaven and Earth and my body to be buried in a decent Christian form at the Discretion of my executors and as tuching such worldly estate as the Lord God hath bin pleased to bestow on me, I give, bestowe and devise of the same in the following manner and forme.

ITEM. I give and leve all my land to my three sons Peter Smith, William Smith and Presley Smith to them and their heirs of their body lawfully begotten in the following manner, that is to say, all the land below the branch where I now live up to the back line of my young land to be one’s part and all the land above this said branch to be divided across from the branch to the back line by a spring below peach orchard hill for two other parts, and my eldest son to have first choice.

ITEM. I give to my son Peter Smith one Negro woman named Janey to him and the heirs of his body lawfully begotten with all increase and in case said son Peter should dye without any lawful Eshew then to my son William and his heirs forever and on Default of such heirs my other son and his heirs.

ITEM. I give to my son William Smith one Negro woman named Sue to him and the heirs of his body lawfully begotten with all her increase forever.

ITEM. I give to my son Presley Smith one Negro girl named Beck to him and the heirs of his body lawfully begotten with all her increase forever, and in case my two sons William Smith and Presley Smith should dye without any lawful Eshew (issue) then their Negroes to goe to my son Peter Smith and his heirs.

ITEM. I give to my daughter Anne Smith the sum of 25 pounds current money or a young Negro at the discretion of my executors to her and the heirs of her body lawfully begotten.

ITEM. I give to my loving wife all my money and all my Tile (?) cash, to her for her proper use duren her natural life and after her decease to be equally divided among my four children aforementioned.

ITEM. I give to my son Peter Smith my still and furniture thereof to him and the heirs of his body lawfully begotten.

ITEM. My will is that all the remainder of all my moveable estate be equally divided to my wife and children according to Law, further I constitute and appoint my loving wife Elizabeth my executor of this my last Will and Testament In Witness whereof I hereunto set my hand and seal the day and year above written.

James Smith

Witnesses: Hugh Thomas, William Moon, Charles C. Morris, John Smith

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At a Court held for Fairfax County September 24, 1751, this last will and testament of James Smith, deceased, was presented in court by Elizabeth Smith the executor therein named, who made oath thereto according to Law and being further proved by the oaths of Hugh Thomas, William Moon, and John Smith, three of the witnesses, was admitted to Record and the said executor having performed what is usual in such causes certificate is granted her for obtaining approbate thereof in due form.

Jess John Graham, Clerk.
P. 519. Inventory of James Smith.

(Inventory was too long to copy. Total worth was not given. It mentioned valances and curtains, books, pistols and sword, tools, in addition to the usual household goods, dishes, etc. The appraisement was returned to the court on June 17,1752.)