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In the Name of God Amen the Twenty ninth Day of August Anno Dom 1709 I Levi SMITH of the precinct of Corahtuck in the County of Albemarle & in the province of North Carolina Cordwainer being in good Helth and my mind Sedate and Temperate Thanks be given to Almighty God, Therefore Calling to Remembrance the Mortality of my Body and knowing that it is appointed for all men once to Dye Do make & ordaine this my Last will & Testament (That is to Say) Principally & first of all: I Give and Recommend my Soul to Allmighty God that Gave it And my Body I recommend to ye Earth to be Buried in Decent Christian Buriall at the Discretion of my Executrix here after Named Nothing Doubting but at the Generall Resurrection I shall Receive the same againe by ye mighty Power of God And as Touching Such Worldly Estate Wherewith it hath Pleased God to Bless me in this Life: I Give Demise and Dispose of the Same In the following manner and Forme~
Imprimis I Give and Bequeath to my son Jeremiah SMITH his Heirs and Assigns all the Cattle that are of his Proper Marke and now in his Possession with all their Increase I also give to my said Son one Chiest & one Mare which Chiest and Mare I have possessed My sd. Son with all Also my will and Desire is (that where as I have before the Signing here of Possessed my sd. Son with the premises before mentioned) That in case my sd. Son Do in any wise eyther before or after the signing here of Sell or Dispose of all or any of the sd. Cattle chiest or Mare to any Person or persons whatsoever that such Sale or Sales Shall be good and valid: And my Executrix here after Named in no wise to be accountable to my sd. Son after my Decease for all or any Parte of the sd. Cattle Chiest or Mare if by my [inserted: "son"] sould or by other wise miscarry nor any Increase according to the true intent & meaning here of.
Item I Give and Bequeath to my sd. son Jeremiah SMITH one Breeding Sow to be Delivered (by my Executrix here after named) after my Decease.
Item I Give to my Welbeloved Wife Sarah SMITH (Whome I Likewise Constitute make & ordaine My Sole Executrix of this my Last Will and Testament) and to her Assigns all and Singuler of the Residue or the Remaining Parte of my Estate Boath Personall and Reall Moveable and Immoveable Lands Messuages and Tenements By her and her Assigns fully and freely to be Possessed and Enjoyed for Ever My will and Desire is that my wife Sarah SMITH Shall have Liberty and full Power to sell [inserted: "& will & Dispose of"] Convey and Consume all or any Parte or parsell of my Land Messuages and Tenements to any Person or Persons whatsoever and also all or any Parte or parsell of my personall Estate Moveable and Immoveable Eyther by Last will & Testament Deed of Gift Conveyance or bill of Sale or any other Lawfull wayes or means which shall be by her thought meet and Convenient and I Doe hereby Utterly Disallow Revoake and Disanull all and Every other former Testament Will Legacies and Bequests and Executors by me in any wise before Named Willed and Bequested Ratifying and Confirming this and no other to be my Last Will and Testament in Witness where of I have here unto set my hand & seal ye Day & year first above written.
Interlined before signed or sealed in ye Eightenth & twenty _____[?] Lign these words (son) will Dispose of
/s/ Levi SMITH
Signed Sealed Published Pronounced and Declared By the Said Levi SMITH As his Last Will and Testament in the presents of us the Subscribers
Probt. Dated Decr. 13th 1716
This will was Proved in Open Court in Lawfull Manner In Ye Prect. of Corotuck ye 10th Day of Jany. Anno Dom 1715/16 By ye Oath of Mr. Thos. TAYLOR ye said TAYLOR makeing Oath yt he Saw ye Other Evidences Attest ye same.
Test. Jos. WICKER Clk. Court
Levy SMYTH's Will
This will was contributed by Marty Holland. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!
© 2003 Marty Holland