Appendix H - Will of Thomas Smith

The following was deleted from the original of this publication by Pearl O. Smith, and has been inserted here for historical purposes.

Thomas Smith's will is recorded in Will Book B, page 374.  It reads:

            "I, Thomas Smith, of Fairfax County...to son William Smith, all my lands wherever situated, except that it is my desire that if the lands for which I have a suit against Colonel Fielding Lewis be recovered, then I direct the same be sold by my said son and the money equally divided between him and my two daughters, Susannah and Mary and their heirs. Also give my son seven slaves and all of my household goods, stocks of all kinds, plantation utensils, feather bed, six silver spoons, two guns, one of which commonly called T. V., I desire may never be parted with out of the family and one silver marked G. M. and the other half of my stocks and household goods at the plantation, to her all the rents and outstanding debts due to me with my crop of tobacco, I give...to be equally divided between my wife and said two daughters. I give my wife the use of my whole estate during her life and at her death, and not before the same, to go as directed above.  Son William sole executor."

Sealed March 15, 1764.

Inventory shows that John West received quit rents for 1594 acres of land.  Paid. 

William Bailey Smith, son of George R. Smith

William Bailey Smith, son of George R. Smith, born March 14, 1811, in Muhlenberg County, Kentucky; died April 15, 1878.  On July 31, 1836, he married Jane Smith (born 1812; died January 13, 1842). After her death, he married Jemima Smith (born 1809; died April 9, 1889).  All three are buried in the Smith Cemetery in Posey County, Indiana.

Jane and Jemima--and a Mary Smith, who married a man named Wright-- are said to have been sisters who were natives of Muhlenberg County, Kentucky, and were cousins to William Bailey Smith, above.  The identity of their parents has not been learned.  Mary Wright is buried in the Smith Cemetery in Posey County.  Her tombstone reads:  Born November 22, 1808; died August 22, 1888.

            

William Bailey and Jane Smith's family consisted of:

Elizabeth C. Smith

John Bailey Smith

William Bailey and Jemima Smith's children were:

Mary J. Smith

Crawford Bell Smith

James Rice Smith

Mary Smith, daughter of Jesse W. Smith

Mary Smith, daughter of Jesse W. Smith, born 1806, in Kentucky; She married Hiram James Wallace (sometimes referred to as James Wallace, Jr.), who was the son of Captain James W. Wallace. 

James Wallace, Jr., seems to have been a prosperous farmer.  In the 1850 census his and Mary's children were, unfortunately, listed only by their initials; all were born in Kentucky and in 1850 those of school age were attending school.  The children in that year were:

E.             21        f                 

R. E.        17        f                 

J. W.        16        m                 

M. A.        13        f                 

F. B.         10        m

H. I.           8         m

W. C.        5         m

G.              1         m 

Mary Smith, Daughter of Peter Smith of Westmoreland County, Virginia

Daughter Mary was given 48 acres of land in Westmoreland County, "where she now lives."  

It is very likely that her husband was John Fleming. The record of his will shows these dates: "15 November 1744; 26 February 1744."[1]   

His wife is not mentioned but he does mention daughters Sarah and Anne and sons Peter, Thomas, and William, as well as John Bailey and James Bailey.

There were, without doubt, intermarriages between the Smith and Bailey families.

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[1] Wills of Westmoreland County, Virginia, 1654-1800, Fathergill, p. 118

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 28^th 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.