Henrico County, Virginia Wills

(Martin Smith, Son of Betsy Burton and Obadiah Smith- Will dated 1818.)

I, Martin Smith, being of infirm body, sound mind and memory, do make and order this as my last will and testament, revoking all others heretofore made by me. First, my will and desire is that all my just debts be paid in order to enable my executors hereinafter named to accomplish so desirable an end do ento upon and sell all my estate, both real and personal, or of whatever kind may consist (not here mention) dowered at such times and upon such terms that they may think most advantageous to my estate.

Second, My will and desire is that my executors do convey to Jacob Smith, by deed the land whereon he lives to that part running from a comer pine on Robert Gordon’s line along a line of marked trees to a corner of poplar and timber or old mill pond, branch thence to the poplar to William Young line, so as to include the little meadow.

Third, My will and desire is that my executors do convey by deed to (my brother-in-laws) John Hawkins, Lyddall Bacon Bowles and my brother Jacob Smith, one-fourth part to each of them, two acres of land in the City of Richmond, Virginia, which was purchased of Jesse Smith by myself, John Hawkins, Lyddall Bacon Bowles and Jacob Smith, the said deed having been made to me by the said Jesse Smith, so soon as each of them shall complete the third and last payment for the same.

Fourth, I give and bequeath to my sister, Nancy Smith, fifteen hundred dollars, to be paid to her by my executors as soon as the sale can be made of my estate by them to her and her heirs forever.

Fifth, I lend to my mother, Elizabeth Burton Smith, during her life time, my negro woman, Lenora and her child Moses, together with her future increase, and at her death give and bequeath them to my sister, Nancy Smith, to her and her heirs forever.

Sixth, My will and desire that my mother and Aunt Lucy Price (she was Lucy Burton) and my sister, Nancy Smith shall have the use of the plantation whereon they now live which is owned by myself and brother, Jacob Smith, also two small pieces of land I bought of Thomas Buller and Jones Tyler, so long as they live or marry, and z/t the death or marriage of all of them, I give and bequeath the same land to my brother Jacob Smith and brother-in-law Lyddal Bacon Bowles to them and their heirs forever.

Seventh, My will and desire is that the remaining part of my estate is to be divided in the following manner. One fifth part between all the children of my sister Mary Smith King, which she has or may have as well as those by her first husband, John Bacon Ryall, deceased, as those by her present husband, George King.

One fifth part between all the children of my sister Lucy Smith Hawkins (dead). One fifth part between all the children of my brother Jacob Smith which he has or may have.

One fifth part between all the children of my sister Elizabeth Smith Bowles, which she has or may have ; the remaining one-fifth to my sister Nancy Smith.

Eighth, My will and desire is, if either of the children of my sister Mary King, or those left by my sister Lucy Hawkins, should claim any part of the land which their mother heired as one of the heirs of my father, Obadiah Smith, deceased, which I have purchased, that they shall not have any part of my estate before devised.

I give and bequeath to my brother, Jacob Smith, all the interest I have in the wagons, mules, which we have held in conjunction and release him from all accounts, whether by note or open account, upon his paying to my mother, Elizabeth Smith, five hundred dollars annually, during her life, out of that part of my estate which I have given him.

Tenth, Lastly I appoint Lyddall Bacon Bowles and Jacob Smith and Benj. Sheppard, executors, in testimony whereof I have here unto set my hand and seal this fourth day of Aug. 1818.

Martin Smith.

Witness : John Burton, Sr., John Burton, Jr., Daniel Burton.

SOURCE: Vol, 5, No 2, February 1915 Genealogy: a journal of American ancestry