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.)

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.

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.

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

Daughter Anne married Hugh Thomas.  His will was dated 16 November 1717 and probated 14 August 1718.[1]  His lands were to be equally divided between his two sons, Daniel and Hugh Thomas; personal property was left to "wife Ann and my children."

On page 69, Fathergill notes "Ann Thomas. 16 December 1719. Inventory returned."  My interpretation of this notation is that it was Ann's estate on which that inventory was returned and not the estate of her husband, Hugh Thomas.  If this is correct, Ann was deceased before December 16, 1719.  It should be mentioned that Hugh Thomas, presumably their son, was a witness to the will of Peter Smith, his grandfather, who made a bequest "to the heirs of my daughter Anne Thomas."

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[1] Ibid., p. 66

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.