WILL OF JOSIAH SMITH
In the Name of God Amen I Josiah Smith of the
District of York and State of South Carolina Being by the goodness of God
tho weak in bodey yet of sound and perfect understanding and memory do
constitute this my Last Will and testament and desire it to be received
by all as such.
I most humbly Bequeath My Soul to God my Maker
Beseeching his most gracious acceptance of it through the all sufficient
merit of my most Compassionate Redeemer Jesus Christ Blessed be God Amen.
Imprimus I give my bodey to the Earth from whence it was taken in full
assurance of its resurrection from thence at the Last Day and as for my
burial I desire it may be decent without pomp or state at the direction
of my wife and children who I doubt not will manage it with all requisite
prudence--as to my Worldly Estate I Will and positively order that all
my Debts be paid. Item I give and bequeath my plantation on which
I now live to my two sons Miles and Rodah to be divided between them as
follows, to run from the river to the branch that runs through my lower
bottom fields so as to leave two acres to Miles at the lower end between
the river and said branch then up the branch to my line-----
Item, I will and bequeath the whole of the
profits of the plantation I now attend and the use of my house and negroes
I now possess and all and every of my household property to the use of
my beloved wife during her lifetime and I do will that the whole of my
other personal property. Except so much as may be actually necessary
to the support of the family and plantation shall be kept entire together
until her death and then to be divided in the manner hereafter directed--
Item I do also will that my negroes named
Jimmy, Adam, Moses, Louis, Phibey, Betsey, Granby, and Alison shall at
and from the time of the death of my beloved wife that the five first named
here shall be set free then. And also I will that my daughter in
law Jane Smith shall take the above named Betsey in care until the age
of twenty one at which age and time the said Betsey shall be set free,
also I will that son Miles shall take the above named Granby in care until
the age of twenty one and then he shall be free, also I will that my son
Rodah shall take Alison above mentioned into his care and keep him until
the age of twenty one at which time and age he shall be free. But
I will that the said three young negroes last named shall be and remain
on the plantation during the lifetime of my wife to be raised and supported
by the labours of the other hands while she is living, and then the three
persons above mentioned is to take them into care as above and liberate
them as above directed--,
Item, I also do will and ordain that if in
case that any of my sons or son in laws or daughters or grand children
who may consider themselves as heirs to any of my estate may be dissatisfied
and be contentious and does go to law in order to break this my will or
in order to prevent the freedom of more or less of the negroes so to be
set free by this my will, that if in case my Executors by me herein appointed
shall find that the laws of the state will not suffer said negroes to be
according to this my will set free that then, in that case, that the negroes
shall be divided as follows the whole of the above eight negroes be divided
between my two sons Rodah and Miles and also any children that my wench
Phibey may have from the date of this my will unto the time of her being
set free they shall be set free when she is to be free or else belong to
Miles and Rodah my sons as above directed in case of the negroes I do also
will and ordain that all the rest of my personal estate not above mentioned
shall be equally divided between Wm. Smith, Isaac Smith, Susannah Norwood,
Judey French, Elizabeth Hampton, Lucey Howell my children and also Jacob
Stalings, Isaac Summerford and Jemimah Smith my grand children the whole
to be divided mutually between them without any sale--
and I do constitute my two sons Miles and
Rodah Smith Executors of this my Last Will and Testament, and trustees
to manage the whole of my estate after my decease for the use of my wife
to the best advantage during her life. In testimony thereof I have
hereunto set my hand and seal this ninth day of October One thousand Eight
hundred and fifteen and in the fortieth year of the Independence of the
United Sates of America.
Signed, Sealed and acknowledged in presence of us
James Plaxco
Abram Summerford
Sam'l Burns--
Josiah Smith (Seal)
Probated October 14, 1818
Will Book "D" p.225
Case No. 39
File No. 658
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