WILL OF MALCOM SMITH - 1796
Transcribed from original and posted October 20, 2009 by Myrtle Bridges
MALCOM SMITH - 1796
I, Malcom Smith of Richmond County and State of North Carolina, being of a low state of health and calling
to mind the uncertain time of certain death, yet being of perfect memory and disposing mind (than God for
that mercy) I do make and ordain this my last will and testament, that is to say:- I direct my body to be
decently buried at the discretion of my executors, and my soul I give unto the Lord who first gave it,
trusting in that glorious Redeemer making intersession for the remission of all past sins and offences,
and hopes of a joyful resurrection at the last day, and as for what worldly goods that has pleased God to
bestow on me I give and bequeath in the following manner.
I give and bequeath unto my beloved wife 350 acres of land whereon I now live, also three hundred acres
bought of Daniel Ray between the Juniper and Jordan's Creek during her natural life if she remains unmarried.
If not, I leave to the discretion of my executors what part of said land to allow her.
I give and bequeath to my son John Smith one hundred and twenty one and 2/3 acres of land I have on Cape Fear
River, provided he'll pay to my son Malcolm Smith twenty pounds North Carolina currency. If he the said John
arrives to the age of twenty two years the rent of said land for three years from the date hereof shall be
applied to the payment of my debts.
I give and bequeath unto my son Malcom* 50 acres of land in Richmond Co. joining Thomas Gibson's land. Also, 600
acres in said county on Joe's Creek, a branch of the Gum Swamp near Viner's said tract and patented by Tillotson
Obrien. Likewise, 100 acres in Cumberland County on Buffaloe Crk patented by Hugh Brown and 50 acres in Cumberland
County East of Nicholson's Crk between Donald Campbell's & Archibald McKay's on the wagon road.
I give and bequeath unto my son Neill Smith two hundred and twenty five acres of land in Cumberland County, one
hundred and fifty acres of said land lying on the Cabin Branch, fifty acres on the Old field Branch and twenty
five acres on the head of Dry Branch provided he pay my son Malcom twenty pounds specie when the said Neill arrives
to the age of twenty four years.
I give and bequeath unto my son Archibald Smith after his mother's death the three hundred acres of land I bought
of Daniel Ray.
I give and bequeath unto my son Duncan Crawford after his mother's death the place whereon I now live containing
three hundred and ten acres.
I give and bequeath unto my beloved wife during her natural life for the use of herself and family my Negro boy
Roger and my wench Lucy provided she'll remain unmarried, and in case she get married I leave it to the discretion
of my executors to do with them what they will think most advantageous to my family. After her death it is my desire
that said Negroes be sold and the money arising from said sale to be equally divided among my daughters.
It is my desire if any of my sons shall die without leaving a lawful heir or their body that the part of my real
estate left them shall be equally divided among the rest of my sons and daughters or the monies arising there from
I give and bequeath unto my beloved wife a young mare and ten cows and calves if said mare should breed, I leave her
first colt to my daughter Sarah, the 2nd to Mary and the 3rd to Margaret, the 4th to Catharine and the 5th to Anne.
I leave my sorrel mare for the use of my family in general, her first colt I leave to my so John, the 2nd to Malcom
the 3rd to Neill and the 4th to Archibald and the 5th to Duncan Crawford Smith.
I leave my old horse & a young colt I have for the use of my family in general to be applied as my executors shall
think most to their advantage.
I leave the remainder of my cattle after my debts are paid to be equally divided among all my children.
I leave my hogs and sheep for the use of my family in general to be applied as my executors shall think most to their
I leave my wood houses to be sold and the monies arising from said sale to be applied to discharge my debts together
with the outstanding debts and the balance to be divided equally betwixt all my children.
My working and plantation utensils together with all my household furniture I request to be for the use of my family.
I appoint my two brothers Duncan Smith & Neill Smith and Malcom McNeill, Esq. of Moore County my executors to this my
last will and testament and declare this my last will and testament. In witness whereof I have hereunto set my hand and
seal this 26th day of November 1795. Malcom Smith Signed, sealed and pronounced in presence of A. Gilchrist, Jos. Hines
and Duncan McFarland. Proved January 1796 by the oath of Joseph Hines. Tod Robinson for Jas Terry, Clk.
*The following notice appeared in the Carolina Observer (Fayetteville, NC) Thursday, January 23, 1823; Issue 34; col. E.
Married in Richmond County, on the 16th instant Mr. Malcom Smith, to Miss Sarah McGill, daughter of Mr. Angus McGill, Sr.
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