Sunday, October 16, 2011

Will of Peter Smith of Westmoreland County

Westmoreland County (Virginia). Deeds and Wills No. 9, 1738-1744

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 hereafter named.

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.

Teste.

George Tuberville C. C. 

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