In the name of God amen. I A. H. Smith of the County of Tyrrel and State of North Carolina, being of sound mind and memory and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare, this to be my last will and testament: That is to say, First, I leave to be sold by my executor hereinafter named all of my Cypress and Juniper Swamps on a credit of six months, with the exception of the swamp belonging to the homestead plantation also all of my fishing aparatus, seine, flat, canoes etc. all of my stock of cattle with the exception of four cows & calves & one work ox, being my wife Nancy's choice therein - all of my horses with the exception of one being the choice of my said wife - and also that my executor hereinafter named collect all the notes etc. that he can, which may come into his hands & out of said sales & collections, and after my death my body to be decently burried, my burrial expenses paid and a set of tombstones erected at my head and feet, after which then pay all my just debts to whom they may be justly oweing - I leave also to my executor fifty dollars out of said sales & collections for his services as executor thereto and the balance of said funds if any I give unto my wife Nancey to be paid over to her by my executor hereinafter named, then I lend unto my said wife Nancey all my property both real and personal during the term of her natural life or widowhood, and at her death or marriage I give unto Benjn. F. Pritchet son of Kissy Pritchet the tract of land where on I die seized or possessed known by the name of the Black Walnut land, also the piece of swamp belonging to said tract to have and to hold the same unto his heirs and assigns if any lawfully begotten of his body - I leave the balance of my property to be equally divided between the said Benjn. F. Pritchet son of Kissy Pritchet and Nancy Crain daughter of Thos & Caroline Crain and to their lawful heirs if any begotten of their body - In the event the said Nancy Crain or Benj. F. Pritchett should die leaving no lawful issue I give the property of the one that dies leaving no lawful issue to the one living or his or her lawful issue if any and in the event the said Nancy Crane and Benjn. F. Pritchett should die leaving no lawful issue I give the property of the one that dies leaving no lawful issue to the one living or his lawful issue if any - And in the event the said Nancy Crain and Benjamin F. Pritchet both die without any lawful issue I give and bequeath the property they or either of them die seized or possessed to Benjn. F. Owens son of Joseph Owens decd his heirs and assigns forever
And I hereby nominate constitute and appoint William J. Beasly executor of this my last Will and Testament hereby revoking and declaring utterly void all other wills and testaments by me heretofore made -
In witness whereof I the said A. H. Smith do hereunto set my hand and seal this January 24th 1856. Signed, Sealed and published and declared by the said A. H. Smith to be his last Will and Testament in the presence of us who at his request and in his presence do subscribe our hands and names as witnesses thereto

A. H. Smith (Seal)

Witnesses
R. D. Owens
G. L. Owens

Updated February 21, 2015
Mike Schoettle