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. 

John B. Smith, Son of James Simpson Smith

John B. Smith, son of James Simpson Smith, born 1805 in Kentucky.  In 1850 he lived at home with his father, who by that year was quite elderly, and John's occupation was shown in the census records as blacksmith.  Ten years later the 1860 census shows a John B. Smith, 51, whose age corresponds with that of John, who was a farmer.  His wife was Nancy J., then 33 (born 1826 or 1827).  This family is found in the 1860, 1870, and 1880 census.  The children were: 

           

            Margaret E.,               b. 1852 or 1853, in Tennessee

            Mary F.,                      b. 1854 or 1855, in Kentucky

            William M.,                 b. 1856 or 1857, in Kentucky

            George A.,                 b. 1858 or 1859, in Kentucky

            James Henry,           b. 1864 or 1865, in Kentucky

            Luella B.,                   b. 1866 or 1867, in Kentucky

            Harriett A.,                 b. 1869 or 1870, in Kentucky

John B. Smith's will is found in Muhlenberg County Will Book 4, page 64.  It is dated December 30, 1884.  I failed to note the date of probate.  (See Appendix E.) To each of his three younger children, James Henry Smith, Luella Bell Smith, and Harriett A. Smith, he left a horse and a cow.  The remainder of property he willed, to his wife, Nancy Jane Smith.  As executor he appointed his son-in-law John W. Stuart.  This would indicate that John W. Stuart was the husband of one of the two older girls, Margaret E. or Mary F.

Presley Smith, Son of James Smith

Presley Smith was born in either Prince William or Fairfax County, Virginia.  His date of birth has not been ascertained, but certainly it was before 1749, for in that year he is mentioned in his father’s will.  He married Nancy Kincheloe of Fairfax County, daughter of Daniel and Elizabeth (Wickliffe) Kincheloe.

William and Mary Quarterly 22 (W) (1) 186 states:

“One Nathaniel Wickliffe, late of Prince William County, Virginia, died intestate in Nelson County, Kentucky, in 1790 and his lands passed to his next of kin; namely, ...Presley Smith and his wife Nancy. ...”

Washington County, Kentucky, where Presley died in 1819, was formed from Nelson County in 1792.  It appears that Presley and Nancy remained where her inheritance was.

Other than the suit in chancery against the heirs of William Bailey Smith, mentioned above, very little has been found concerning Presley Smith.  Washington County, Kentucky, Will Book C, p. 235, lists the sale and purchase of his property.  At a court held on January 10, 1820, a list of sale of his estate was returned by Presley C. Smith and ordered to be recorded.

From other sources the names of Presley and Nancy Smith’s children have been learned.  They follow, with all the information available to me concerning them:

Elizabeth (Betty), born about 1773 in Fairfax County, Virginia; died after 1850 in Henderson County, Kentucky; married Elijah King on November 1, 1792, in Washington County, Kentucky.

Mary (Polly), born in Virginia; married Nicholas Ray.

Dorkiss (Dorcas?), married Mr. Grant.

Sarah (Sally), married Edmund Purdy on January 26, 1797, in Washington County.

Nancy, married Henry Purdy on March 13, 1793, in Washington County.

Jane, married Richard Burks.

Daniel James, married Lee Holland Aydelott on October 19, 1803.  Daniel bought land in Henderson County from William Bailey Smith in 1802.  It appears that he died in the year 1840.  Holland Smith's will was probated in Henderson County in December 1845.  The two children named in her will were Sarah Emily Smith and Tobiatha (Smith) Shaw.  Tobiatha married John Shaw on December 24, 1839.

John, (twin)

Peter W., (twin), Peter bought land in Henderson County from William Bailey Smith in 1802.

William.  Did not marry.  Died at age 76.

Presley C., married Sarah Burks on June 10, 1816, in Washington County, Kentucky.

Elias W., married (1) Margaretta Payne, on October 31, 1817, in Washington County; (2) Miss Lee.

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

-----------------

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.)

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

William Smith's will is found in Will Book A, page 478.  It reads, in part:

"I William Smith, of County of Fairfax in Colony of Virginia... to wife use of negroes during her life.  After her decease to be divided between three sons, Hancock, James and William and their heirs.  Executrix: Wife, Letita Smith."  

On September 27, 1751, Letita Smith, executor, presented will for probate.  It is of interest to note that Hugh Thomas was a witness to this will, along with William Moon and James Turley.

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.