Appendix B - The Will of James Smith

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

In the name of God Amen, the 14^th 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.)

Appendix A - Arbitration between the heirs of Daniel Jennings and James Smith

Deed Book G, Fairfax County, Virginia, page 279.

To all Christian people to whom this present writing of award shall come, George Mason of Gunston Hall in the parish of Truro and County of Fairfax sendth greetings, whereas Peter Smith late ofWestmoreland County died seized of certain lands situate[d] lying and being upon Bull Run now in the said parish of Truro and County of Fairfax which by his last will and testament he devised to several children, and whereas divers disputes and controversies touch, and concerning the division and boundaries of the said lands have been heretofore moved and defended (?) between Elizabeth Landman widow of James Smith and William Smith the son and heirs of James Smith deceased who was one of the sons of the Devisees of the above named Peter Smith the Testator of the one part and James Jennings deceased who purchased from Thomas Smith another of the sons and Devisees of the said Peter Smith the Testator of the other part for the appeasing ending and finally determining whereof the said parties have submitted themselves and are become bound each to the other by their several obligations dated the 11^th day of June 1767 in the sum of 100 pounds with conditions thereunder written for the performance of the award arbitrament by Hawson Hooe, John Hooe of the County of Prince William gentlemen and in case they should disagree in their opinion then for the performance of the award arbitrament and determination of Colonel George Mason as umpire between them as by the said obligations and conditions doth and may more fully and at large appear and whereas the said Hawson Hooe and John Hooe gentlemen have disagreed in their opinion and have certified the same under their hands the 3^rd day of this present month of July,

Now Know Ye that I the said George Mason have taken upon myself the charge and burden of the said award...do by these presents arbitrate determine award and order that a certain branch or run running through the said lands from the back part thereof Into Bull Run general called the dividing branch the same lying and being between the said James Jennings' spring branch and a run called the Mill Branch is and shall be a boundary and division between the said lands now held by the said parties under the will of the before mentioned Peter Smith late of Westmoreland County, deceased, namely, the widow Elizabeth Landman, Peter Smith and William Smith claimers from the said James Smith one of the sons and Devisees of Peter Smith the testator and the said James Jennings as a claimer under the purchase from Thomas Smith one of the sons of the Devisees of Peter Smith the testator as aforesaid the said branch or run having been marked and agreed upon and settled as a division and boundary between the said lands by the mutual consent and agreement of the before mentioned James Smith and Thomas Smith, two of the sons of...the said Peter Smith before the said Thomas Smith sold his part thereof and I do further arbitrate determine. ..that the said Elizabeth Landman, Peter Smith and William Smith and heirs and assigns on their part shall not hereafter have use occupy or claim any of the said land lying and being above or on the upper side of the said dividing branch or run and that the said James Jennings his heirs and assigns on his part shall not hereafter have use of...any of the land lying and being below or on the lower side of the said dividing branch or run, but that the same shall be and remain perpetual division and boundary between the said parties and their heirs forever.

George Mason

July 15, 1767

James Smith, Son of Peter Smith of Westmoreland County, Virginia

James Smith was married to Elizabeth              .  Their children were

            Peter

            William [Bailey]

            Presley

            Anne [who later is called Nancy-- perhaps for the same reason Margaret     

                      is called "Peggy"--or perhaps Anne had two names and chose to use Nancy]

James' will was dated 14 October 1749 and was probated 24 September 1751.  Because his will is lengthy it is given in Appendix B.  He designated his wife, Elizabeth, as "my executor."  Interestingly enough, one of the witnesses to the will was Hugh Thomas (Smith's nephew).  The inventory that is mentioned briefly in the Appendix indicates that James Smith possessed some of the things not owned by ordinary citizens in those early days, such as valances, curtains and books.

Elizabeth Smith, James' widow, by 1767 was married to a Mr. Landman; it is believed his name was James.  We find that one of Elizabeth's sons, Peter, in 1789 sold land in North Carolina to "James Lamman."  We know that Peter went to North Carolina to live, and it is not unlikely that Elizabeth and Mr. Landman also went.  Sons William Bailey and Presley lived in North Carolina briefly.  Nancy eventually lived in Kentucky, so Elizabeth had no children left in Virginia.  It is not known when or where Elizabeth died.