491
[In left margin at top:]A division of the lands & personal estate of Joseph Smith
Articles of agreement mutually entered into among Elitha Smith, widow of Joseph Smith, Ewell Smith, Fulkes G. Smith, George Smith, William Mankins and Emberzetta Smith, the said Ewell Smith, Fulks G. Smith and Emberzetta Smith in their own right & the said George Smith & William Mankins in the right of their wives, heirs at law of Joseph Smith, deceased. Witnesseth, that whereas the said parties being all of full age and being desirous to divide the estate of the said Joseph Smith fairly among them without the expense of a lawsuit, do hereby agree that Martin Cloud, Madison D. Carter and Archibald Stuart shall divide the same among them upon the following principals and under the following reservations. We agree that Mrs[?] Elitha Smith the widow of Joseph Smith, deceased, shall hold in her posession during her natural life, the following property, to wit, the following slave Sanford Jerry, Clara, and Chana, all the household furniture excep one bed, bed stedd[?] and furniture, all the stock on the plantation at this time, excep three horses, two greys and one black, also the tract of land upon which she now resides except the mill tract, containing three tracts, two perchased from Benjamine Roa and the other from John Bowman. Also the kitchen furniture, plantation tools still and every other species of property on the plantation and it is further understood that in allotting the negroes to each of us thereis[?] to be charged with advancements made to us in the life time of the said Joseph Smith at the value of said advancements when made, and the negroes claimed by Emberzetta Smith shall be charged to her at their value twelve years ago. And we do hereby bind ourselves to abide by the said decision and to execute any bills of sale deeds of release or any other routing[?] necessary to carry into effect the division so made.
Given under our hands & seals this 3rd day of February 1848.
Teste
M. D. Carter
Elitha Smith (seal)
Ewell Smith (seal)
Emberzetta Smith (seal)
F G Smith (seal)
George Smith (seal)
William Mankins (seal)
The undersigned selected and chosen by the widow and heirs of Joseph Smith by articles of agreement this day [word?] by said parties to divide the estate of said Joseph Smith among them according to the principals and
492
reservations therein set forth have proceeded accordingly to make said division of the personal property reserved in the said articles, we have with the consent of all parties considered the bed and furniture and one of the grey horses called Johnson as advancements to Emberzetta Smith and have charged her with them accordingly. We have then proceeded to consider the advancements made to each party in the life time of Joseph Smith, have valued the ballance of the property not reserved consisting of sundry slaves two horses and the tract of land called the mill place as described in the said articles and divided the said property by lot, in which division lot no1, being the mill place fell to William Mankins at the price of $650. Lot no2, negroman Tony and two horses to Emberzetta Smith at the price of $593. Lot no3, negrowoman Ally and negro man Joe to Ewell Smith at the price of $700. Lot no4 negrowoman Jane & Nance to Fulkes G. Smith at the price of $691.66. & Lot no5 negroman Hall to George Smith at the price of $500.
We have added the amount of all to the advancements and to the amount of the value of the property divided and find them to amount together to the sum of $6057. 50 cents making to each share the sum of $1211. 50 cents. We find further taking the advancements to each and the value of the lot drawn by each, that George Smith has received $1069.34, being $142. 16 cents less than this share, that Ewell Smith has received $1148. being $63 30 ceents less than his share, that, William Mankens has received $1230, being $38. 50 cents more than his share, that Fulkes G. Smith has received $1491.66 being $280. 16 cents more than his share and that Emberzetta Smith has received $109.30 cents being $113 less than her share.
We therefore allot to each party the property drawn by them as above and that Fulkes G. Smith is indebted to George Smith in the sum of $142.16 to Emberzetta Smith in the sum of 113$ to Ewell Smith $25, and that William Mankins is indebted to Ewell Smith in the sum of $38.50.
Given under our hands this 3rd day February 1848
M D Carter
Martin Cloud
A. Stuart
Subsequent to the execution of the within award it has been agreed that Ewell Smith take the two horses allotted to Emberzetta Smith at teh price of $63.50 that being the amount coming to him for which amount Emberzetta Smith is to credit Fulkes G Smith. Emberzetta Smith is to take Nancy of Fulkes G Smith at the price she was valued at $191.66 and pay for her in the amount due her from G. G. Smith of $113. The 63$ 30 cents on E. Smith and to George Smith the sum of $15.11, so that it is agreed that William Mankins pay the $38.50 to George Smith instead of Ewell Smith. So that the indebtedness of the parties will be as follows instead of as it is set and in the award[.] F G Smith will owe George Smith $89. Wm Mankins will owe George Smith $38 30 & Emberzetta Smith will owe George Smith $15.16
M D Carter
Martin Cloud
A Stuart
| George Smith |
Ritchie—4.5
Winney—11 |
} $466.34 |
| One horse |
30 |
| One cow & calf |
10 |
| One bed & furniture |
30 |
| One side saddle bridle |
10 |
| Two ewes & lambs |
3 |
| |
569.34 |
|
|
| Fulkes G Smith |
| Dime[?] |
$415 |
| One horse |
73 |
| Saddle |
15 |
| Cow & calf |
10 |
| Bed |
30 |
| Cart |
5 |
| Land |
250 |
| |
800 |
|
| |
| Ewell Smith |
| Peter |
350 |
| Horse |
28 |
| One cow & calf |
10 |
| One bed & furniture |
30 |
| One man saddle |
10 |
| One saw[?] |
15 |
| Extra adman[?] |
5 |
| |
$448 |
|
|
| Emberzetta Smith |
| Dicy |
$210 |
| Simon |
175 |
| One horse |
65 |
| One bed & furniture |
27.50 |
| One saddle bridle |
20 |
| |
503.50 |
|
| |
| William Mankins |
| Jiny[?] |
$263 |
| Amanda |
263 |
| Horse season[?] of a mare |
4 |
| 2 cows & calves |
20 |
| One cow |
8 |
| One bed & furniture |
30 |
| One sadle |
12 |
| |
$600 |
|
|
| George Smith |
$569.34 |
| E. Smith |
448 |
| W. Mankins |
600 |
| F G Smith |
800 |
| E Smith |
503.50 |
| |
2920.84 |
| Other property |
3136.66 |
| |
1211.50 |
| |
6057.50 |
|
| |
| George Smiths advancement |
$569.34 |
| Hal |
500 |
| |
$1069.34 |
|
|
| entitle to |
$1211.50 |
|
| |
1069.34 |
|
| |
142.16 |
due G.S. |
|
| |
| Ewell Smith advance. |
$448. |
| Ally and Joe |
700. |
| |
$1148. |
|
|
| entitled to |
$1211.50 |
|
| |
1148 |
|
| |
63.50 |
due E.S. |
|
| |
| William Mankins advance |
$600 |
| Lana |
650 |
| |
$1250 |
|
|
| received |
1250 |
|
| entitled |
1211.50 |
|
| |
38.50 |
due from him |
|
| |
| F. G. Smith adv. |
$800 |
| Jane & Nance |
691.66 |
| |
$1491.66 |
|
|
| received |
1491.66 |
|
| entitled |
1211.50 |
|
| |
280.16 |
due from him |
|
| |
| Emberzetta Smith's adv. |
$503.50 |
| Tony and horses |
595.00 |
| |
$1098.50 |
|
|
| entitled to |
1211.50 |
|
| received |
1098.50 |
|
| |
113.00 |
|
|
494
Patrick April court 1850
This division of the lands and personal estate of Joseph Smith dec'd was exibited[?] in court and ordered to be recorded.
Test
Samuel G. Staples D[?]