William Smith
Will written March 5, 1861; Codicil written Dec. 13, 1861 - August Term 1865

I William SMITH of Currituck Co and State of North Carolina being of Sound mind & memory and bringing to mind the mortality of man do make and publish this my last will and Testament in manner and form following viz

Item 1^st  I Give my wife Elizabeth SMITH two feather beds and furniture first choice & one mare called Jinny and one cart & Harness choice two Cows and Calvs choice and ten Hogs choice and all of my pork & bacon and thirty five Barrels of long corn and all of my dunghill stock and all of my China ware and all of my Crockery and Glass ware and all of the jars to hold lard that is about my House.  I give my wife one mahogny Table and Cupboard and Spining wheel & cards and eight Seting chairs and one Rocking chair choice and one beaurow and one Tin Safe and all of my Knives and forks Spoons and all of my iron ware for Kitching use.  I also Give my wife one half of the fence rails on the north Side of the plantation where I now reside on to help to fence her land.

Item 2^nd  I lend my wife my negroe woman Sarah untill my daughter Vandelia SMITH arrives to the age of twelve years if my wife lives & lives my widow at the expiration of that time or at the marriage of my wife I give negro Sarah to my two daughters Ann MORSE and Edney WILLIAMS.

Item 3^rd  I give to my daughter Vandelia SMITH the plantation or tract of Land that I now reside on or as much thereof as did belong to my mother containing Seventy two acres which can be known by refering to a land pattent in the name of Ann SMITH.  I also give my daughter Vandelia SMITH the land that I bought of Caleb BURKETs Heirs and the Land that I bought of John GWIN and Nathaniel WATERMAN & wife.  Also I give my daughter Vandelia SMITH four acres of land more or less adjoining the land of Tully L. CAPPTS to the west of the public road adjoining the Land of Nelson WATERFIELD on the west and public road on the east.

Item 4^th  I give to my daughter Vandelia SMITH one feather bed and furniture second choice one cradle and small chair and one lot or parcel of Books containing one large new Bible one Encyclopedia of animated nature and the life of Christ & the apostles and one baptist manuel and one entitled inquire within for any thing you want to Know and two hymn books and all of her School books and Slate and one Small trunk and all of the pictures and two Vases.

Item 5^th  I give to my son Alexander SMITH ten acres of Land on the west end of the land that did formerly belong to Jacob WILLIAMS Heirs adjoining the land of Thos. DUDLEY JR. runing South to the land that I give to Vandelia SMITH.  I also give my son Alexander SMITH one Hundred dollars in money or good notes and one desk.

Item 6^th  I Lend to my daughter Edney WILLIAMS the tract of Land that I bought of Joseph ETHERIDGE during her life time after her death I give the aforesaid tract of Land to my Grand Son William Benj. SMITH.

Item 7^th  I Lend to my daughter Ann MORSE my Land Lying on the South end of Knotts Island.  I also Lend the said Ann MORSE my land lying on the Indian Creek during her life time it is my desire that John MORSE should hold said Lands during his life after the death of Said Ann MORSE and John MORSE it is my will that the Said Land be Sold and Equally divided among the Children of Ann MORSE.

Item 8^th  I give to my Grand Son William H. SMITH thirty acres of land adjoining the Lands that I give to my daughter Vandelia SMITH on the north runing from the river to the Land that I give to Alexander SMITH on the west.  I also give William H. SMITH one gun.

Item 9^th  I give to my Grand Son Jerome B. CASON twelve acres of Land being part of the tract that did once belong to Jacob WILLIAMS Heirs.

Item 10^th  I give to William S. CASON the remaining part of the tract of Land that did belong to the Heirs of Jacob WILLIAMS decd.

Item 11^th  I Leave my Son Alexander SMITH to be guardian to William H. SMITH.

Item 12^th  I give to my Grand daughter Caroline V. SMITH one feather bed and furniture.

Item 13^th  I Land my wife Elizabeth SMITH my negroe Girl Mary Ellen during the life time of my wife after the death of my wife I give Said negroe Mary Ellen to my daughter Vandelia SMITH.  I also give Vandelia two more books one called Horton HOWARDs medical Book and the other the converted Infidel Bayley.

Item 14^th  I Lend my wife one third part of the Land that I have given to Vandelia SMITH during the life of my Said wife.

Item 15^th  I land my wife my Rockaway during her life or widowhood after the death or marriage of my widow I give my Rockaway to Vandelia SMITH.

Item 16^th  it is my will that if my daughter Vandelia SMITH Should die without a lawfull Heir begotten on Her own body that her property be Equally divided between my Son Alexander SMITH and my grand Son William H. SMITH.

Item 17^th  I give my Grand daughter Ann KELLY one young Cow.

Item 18^th  I give my wife ten dollars in money & one trunk and one pine Table choice.

Item 19^th  I Give my daughter Vandelia SMITH a way to pass and repass accross any of the Lands that I have given to any of my Children or Grand Children as much as ten feet wide for a priviledge to pass to the great marsh.  I also Give Vandelia a priviledge to get light wood in the Swamp for family use.

Item 20^th  the remainder of my property not given away or Lent I leave to be Sold privatly or at auction and the money ariseing from Said Sale to be Equally divided between my lawfull Heirs and my wife.

Item 21st  I Appoint my wife Elizabeth SMITH and my Son Alexander SMITH my Executrix and Executor to this my last will and Testament revoking all other wills by me made.

In witness Hereof I have hereunto Set my Hand and Seal this fifth day March one thousand Eight Hundred and Sixty one.
    /s/ Wm. SMITH     Seal

Signed Sealed and acknowled In presents of
    Jesse M. CAFFEE
    Levin WHITEHURST

    I William SMITH of Currituck County do make this Codicil to be taken as a part of my last will and Testament as follows, that is to Say whereas I have by my Said will Loaned to my Daughter Ann MORSE my tract of Land lying on the Southend of Knotts Island and also my Indian Creek Land now I do hereby revoke and make void the Said Loans to my Daughter Ann MORSE.  It is my will that said Lands shall be rented out ten years and the profits Equally divided amongst the Heirs of Said Ann MORSE dec'd.  At the expiration of ten years it is my will that the aforesaid Lands be sold at public auction and the money to be Equally divided amongst the Heirs of my daughter Ann MORSE.
    In witness whereof I Have to this codicil annexed to my Said will Set my Hand and Seal the thirteenth day of December one thousand Eight hundred and sixty one.
    /s/ Wm. SMITH     Seal

In presents of
    Cason McCLANNAN

N.B., I appoint my Son Alexander SMITH Guardian to the Heirs of Ann MORSE dec'd. as it relates to the above named property.
    /s/ Wm. SMITH

 Currituck County Court    August Term 1865
    The foregoing paper writing purporting to be the last will and testament of William SMITH dec'd is exhibited in open court for probate by Elizabeth SMITH, the executrix therein named and the due execution thereof by the Said Wm. SMITH is proved by the oaths and examinations of Jesse M. CAFFEE and Levin WHITEHURST, the subscribing witnesses thereto & also the due execution of the codicil by the Said Wm. SMITH is proved by the oath and examination of Cason McCLANNON a subscribing witness to the codicil.  It is therefore Considered by the Court that the said paper writing and every part thereof is the last will and Testament of the Said Wm. SMITH and the same is ordered to be recorded and filed.  And thereupon the executrix refused to qualify.
Attest
    J.M. BAXTER, CCC

[On the back of this will is written: August Term 1865 - Recorded in Book No. 4; Page 249, 250, 251 - /s/ J.W. BAXTER, C.C.C.]

[Source: Microfilm G.030.1548672 - Currituck Co., NC Wills (original) 1841-1924; Vol. Ansell-Woodhouse]

This will was contributed by Kay Midgett Sheppard. 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!

© 2006 Kay Midgett Sheppard