Orange County NcArchives Wills.....Smith, Adam April 2, 1798 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume D, pages 59-61 Written: April 2, 1798 Recorded: Feb 1802 Testator: Adam Smith In the Name of God, Amen. I Adam Smith in the County of Orange and State of North Carolina being weak in Body but of perfect Mind and Memory, thanks be given unto God 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 in the hand of Almighty God, who gave it and my Body I recommend to the Earth to be buried in decent Christian Burial to the Discretion of my Executors and as touching Such worldly Estate wherewith it hath pleased God to bless me in this Life I give and dispose of the Same in the following Manner Viz. First I give and bequeath to Elizabeth my Dear beloved Wife two Cows, & a Mare, which She may choose, one Saddle, One Bed and Furniture, two pots one Small & the other Large, two Pewter Dishes, the Smallest and the largest and Six pewter plates, and my Wife is to have her Living on the place and in the Dwelling hous[e] wherein I live now, as long as She lives a Widow and no longer; Secondly I will and ordain that my two sons and three Daughters of my first wife Ursula shall have Three pound good and Lawful money which shall be paid to them by the Executors of this my last Will and Testament Thirdly I Will and ordain that my two plantation, one, which I live on now containing about 197 Acres and an other in Rowan County containing 200 Acres shall be Divided in to equal Shares among all the Children of my Second Wife Elizabeth, that is to Say; the Land shall be divided into four parts, the whole shall be valued after my Death, and those which take part of the Land shall equalize the others in paying the Valuation Money, that shall pay yearly not exceeding Five pounds a year, till all the Children of my Second Wife Elizabeth are equal in the Land parts; After all this and when my just Debts is paid I Will and ordain that every thing of my moveable Estate after my Death Shall be Sold and shall be equally divided among my Second Wife Elizabeth and all her children ~~ Lastly I constitute make and ordain David Thronbary and George Brown both living in Guilford County to Executors of this my last Will and Testament, and I do hereby utterly revoke and disannul all and every other former Wills Testaments & Legacies confirming this & no other to be my last Will and Testament: In Witness whereof I have hereunto set my hand and seal this Second Day of April in the year of our Lord One thousand seven hundred & Ninety Eight Signed sealed and pronounced by the said Adam Smith as his last Will in the presence of us Adam Smit Martin Stroler } Geo Brown qualified David Coble } Jurat as Exr Adam Smith (seal) [Will Book Volume D, page 59] In the Name of God Amen. I Adam Smith in the County of Orange and State of North Carolina being weak in Body but of perfect mind and memory thanks be given Unto God Cal[l]ing unto 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 in the hand of Almighty God, who gave it and my body I recommend to the earth to be buried in decent christian burial to the discretion of my executors, and as touching such worldly Estate wherewith it hath pleased God to bless me in this life I give and dispose of the same in the following manner Viz First I give and bequeath to Elizabeth my dear beloved wife two Cows and a mare which she may choose one saddle one bed and furniture, two pots one small & the other large two pewter dishes the smallest and [Will Book Volume D, page 60] the largest and six [pewter] plates and my Wife is to have her living on the place and in the dwel[l]ing house wherein I live now as long as She lives a widow and no longere. Secondly I Will and ordain that my two sons ande three daughters of my first wife Ursula shall have three pound good and Lawful money which shall be paid to them by the Executors of this my last Will and Testament -- Thirdly I Will and ordain that my two plantation one which I live on now Containing about 197 Acres and another in Rowan County containing 200 Acres shall be divided into equal shares among all the Children of my Second Wife Elizabeth, that is to Say the Land shall be devided into four parts the whole shall be valued after my death and those which take part of the land Shall equalize the others in paying the valuation money that Shall pay ["five" x-out] yearly not exceeding five pounds a year till all the Children of my Second Wife Elizabeth are equal in the land parts After all this and [when] my Just debts is paid I Will and ordain that eve- ry thing of my moveable Estate after my death Shall be sold and shall be equally devided among my second Wife Elizabeth and all her children Lastly I constitute make and ordain David Thronbary & George Brown both living in Guilford County to Executor of this my last Will and Testament and I do hereby utterly revoke and disanull all and every other former Wills Testaments and Legacies confirming this & Know[no] other to be my last Will and Testament ~~~ In Witness where of I have hereunto set my hand and seal this Second day of April in the year of our Lord one thousand seven hundred and ninety Eight Signed sealed and pronounced by the said Adam Smith as his last Will and Testament in presence of us Adam Smit Martin Stroler Adam Smith (seal) David Coble [Will Book Volume D, page 61] Orange County Febry Term 1802 The Execution of the foregoing last Will and Testament of John Smith decd. was duly proved in open Court by the oaths of Martin Stroler & David Coble subscribing witnesses thereto and ordered to be recorded at the same time Geo. Brown one of the Executors therein named qualifi ed ac[c]ordingly ~~~~~ Additional Comments: Will Book Volume D, pages 59-61 Recorded Feb 1802 Note 1: olige - To compel or require (a person) to do something, as by legality or circumstance. Alternatively, some documents from this era use the more common word "oblige", so perhaps misspelled. Estate Papers comprise 20 pages and are found in a folder labeled "Smith, Adam (1811)". It is not clear that this is the same estate. There is a gap between the probate and the date of these papers, no alignment of executors, testator's widow not identified. [Estate Papers - Estate Sale 20 Dec 1810] An Inventory and Accot. of Sales of the Estate of Adam Smith decsd. 20 Decemr. 1810 [sundry articles omitted] 1 Negroe wench & child 184 10 .. 1 Do Girl Betsey 159 .. .. 1 Do Do Agnes 160 .. .. 1 Do Boy 100 .. .. [Bill of Sale from Henry White to Adam Smith - 9 Jun 1794] [Will Book Volume B, page 295] Know all men by these presents that I Henry White of Orange County and State of North Carolina Hath Bargained and Sold unto Adam Smith of the County and State aforesaid a Negro Girl Slave named Grace for and in Consideration of the sum of fifty two pound Hard money to him the said White in hand paid the receipt whereof he the said White do hereby acknowledge Hath Bargained and sold & by these presents doth bargain sell and Deliver unto the said Adam Smith he above Named Negro Girl Grace, which Negroe Girl I the said White to Olige[See Note 1] myself my hairs[sic] Executors Administra- tors To warrant and Diffend the Right title Property and Intrest of the above mentioned Negro Girl with all her futer[future] Increase Clear and free from the Lawfull Claim or Claim of all and singular Persons[sic] and Persons whatsoever In Witness where of I have hereunto set my hand and seal this 9th day of June 1794 his J.A. Patterson Jurat Henry (H) White (seal) Joshua Holt mark February Court 1794 The Execution of the foregoing Bill [of] sale Henry White to Adam Smith was duly proved in open Court by the oath of James Patters and was ordered to be Recorded ABBruce