George Smith's will from Patrick Co., Virginia Book 4 page 302, as transcribed on page 249 of "The Smith Family Genealogy," by May Belle Thompson Smith, privately published (Ararat, Virginia, 1987). Robert Hill found this book at the Bassett Public Library, Route 7, Bassett, Virginia in 1992.
In the name of God Amen. I, George Smith, of the county of Patrick and state of Virginia, being of sound mind and understanding, and being impressed with the uncertainty of life and the certainty of death and wishing to make disposition of my estate so that after my death there may be no contention concerning the same. I do here by publish and ordain this as my last will and testament.
1. My will and desire is that after paying all my just debts and necessary expenses that my entire estate both real and personal (except such as I shall dispose of this my will as aforesaid) now in my possession continue to remain here in the possession of my beloved wife, Sarah Smith, for the use, sustenance, education and comfort of my said wife and five infant children: Alexander Smith; Sarah Jane Smith; George P. Smith; Octavus Lee Smith; Jo Ellen Smith until they become of age and marry off.
2. I give to my oldest daughter, Elitha Martin and to her children after her, a negro girl, now in her possession, named Maria and her future increase to her and her children forever, which said negro girl Maria and other property received by my oldest daughter Elitha Martin from me. Estimate at five hundred dollars, an advance to her from my estate.
3. I give to my daughter, Elizabeth Ayres, the wife of Green Ayres and to her children after her, one negro girl now in her possession, named Wenney and her future increase and also the amount of property and of the same kind as near as may be that of my oldest daughter, Elitha Martin recorded to be estimated and left to the discretion of my wife--estimated at five hundred dollars advanced to her from my estate.
4. My will and desire is that as my other children become of age or marry off they shall be entitled to and receive similar property as near as may be as the two above named, to the amount of $500 to belong to them and their children after them with the future increase thereof of any slaves received by any of my daughters.
5. My will is that any property which my sons or any of them may receive or be entitled to under this will belong to them, their heirs.
My will and desire is that at any time whereon my wife and my oldest son Alexander Smith consider it expedient to dispose of any part or portion of my said estate or the future increase thereof they may do so for the use and comfort of the family for the benefit of said estate generally or education of my said children.
6. My will is that my two negro men, Hal and Rich, who are now hired out continue to be hired or sold if thought best for the benefit of my children, reserving to my wife one third part of the proceed for her own use and disposal.
7. My will is that my wife and her 5 children now living with her, continue to enjoy the possession and use of my land, negroes and other property during her natural life or widowhood. At her death or marriage, if it should happen, my will is that my estate on hand be taken in account of my oldest son, Alexander Smith and equally divided between my 7 children above named, subject to what they may have received before, and also subject to one third part of said estate then on hand which I give to my beloved wife (in case she marries, then to be divided equally or above stated between my 7 children).
8. I hereby appoint my beloved wife, Sarah Smith my present executive, until my oldest son, Alexander Smith becomes of age at which time he is hereby appointed by me as sole executor.
9. My will is that my wife or son when he comes of age may at their discretion dispose of or sell any land, slaves, or property that ma be on hand for purchase of other valuable property for the benefit of my children.
10. My will is that letters of administration be granted to my wife without security being required. In testimony whereof I set my hand and seal this 18th day of June 1852.
George Smith (seal)
Fowlkes G. Smith and C.C. Smith Probate Sept. Court 1852