Before 1797
WILL OF JOHN SMITH III
I John Smith a citizen of Berkely County and Commonwealth of Virgina do make declare and publish this writing to be my Last will and Testament in manner following to wit, first I will that all my Just debts and funeral charges be fully paid and discharged to my beloved wife Sarah Smith I bequeath as her dower and for her support one third part of the Land I now live on and also two thirds of my household furniture and the remaining one third part of my household furniture to be Deposited in my wifes hands untill my Daughter Eleanor comes of age or should marry at which time I will the said one third part of my household furniture to my said Daughter to be accounted for and Delivered to her by my wife, I will and devise to my son John Smith his heirs and assings forever all my Lands and plantation on whereon I now live on excepting the sale of Lotts in teh Town of Smithfield herein after menitoned Alsi I devise to my said son his heirs and assings forever my house and Lot in the said Town of Smithfield adjoining on the west side of the main street and known by No four on the plant of said joining on the west side of the main street and known by no four on the plant of said town, which house I will to be rented untill my son comes of age and the rents arising therefrom I wil for the support of my two children untill they shall come of age Also I will the ground rents arising from the said Town of Smithfields together with the rents of said house above devised to be applied for the sole purpose of supporting and educating of my said two children whom I particularly desire may be sufficeiiently taught in the English language and my sonto be well instructed in necessary arithmatick by the direction of my Executors hereagter named and after my said Daughter comes of age I will and devise all teh ground rents arising from said Town of SMithfields to my said daugher Tlenor heirs and assings forever. I willand impoer my executoers herein after named to lay our and sell and convey as many Lots as may be necessarey in said Town of SMithfield for the impoorvemennt thereof and also I hereby authorize my said Executoers to convey such Lotts as I have sold and not conveyed, I will that my saw mill shall be rented untill my son comes of age and the rents therefrom arising after paying the necessary Expences of reparing and keeping the same in repair together with the money arising from the sale of such Lotts as my executors shall sell to be equally divided between my two children when they shall come of age, and whereas, I am indebted at this time to Elizabeth Smith certain sums of money in order to discharge said Debt I hereby empower and authorize my excutors herein after named to pay and discharge the said in the best manner and most to the advantage of my estate without any regard to any bequethments herein made of the sale of the Lotts heretofore directed to be sold or the rents of the saw mill or the profits of my farm and whereas I have willed to my wife one third part of my Lands my will further is that she shall enjoy the other two thirds of my lands so long as she shall continue my widow or untill my son shall come of age but provided that she should marry then and in that case the said two thirds of my lands to be rented for the benefit of my said son, also in addition to what I have heretofore willed to my wife is further will to her one third part of all my stock creatures of Every kind, and the remaining two thirds of said creatuers to remain in her hands and farming utensils so long as she shall remain my widow and in the case she shall Marry then the two thirds of said cratures to be sold and the money arising from the sale to be Equally divided Between my two children and lastly for the purpose of carrying this my Last will and Testament into force I hereby nominate constitute and appoint my trusty friends John Grantham, Jacob Reese and my brother Moses Smith Executors and my wife Sarah Smith executrix hereby declaring and publishing this to be my Last will and Testemanet revoking all other will heretofore by me made In witenss whereof I have hereunto set my hand and seal this 18th day of Arril AD 1800.Signed Sealed and published by the John Smith (LS)
Testator in presence of us
Mary Kerney, William Kerney
Thomas Irwin, William JamesWill Book 3, Pg. 302, continued
At a Court held for Berkeley County the 23rd day of June 1800
This last will and Testament of John Smith Jr. deceased was proved by the oaths of Thomas Irwin & William James two of the witnesses thereto and ordered to be recorded, and on the motion of Moses Smith one of the Executors therein named who made oath according to Law certificate is granted him for obtaining a probate thereof in due form giveing security whereupon he with security entered into and acknowledges a bond conditioned as the Law directs
Teste
H Bedinger C. B. C.
I certify that the above is a true copy of Berkeley Coutnry Will Book 3, page 302, Martinsburg, Berkeley County, West Virginia.
State of West Virgina
Berkeley County
State of West Virginia
The foregoing instrument was acknowledged before me this September 27th, 1994
my commissin expires (Stamp) Helen L. Vickers