Note for: Joseph Blackwell Smith, 14 May 1810 - 31 Jan 1886 Index
Joseph Blackwell SMITH WILL
Volume 38 Page 390-392
In the name of God I commit my body to the dust and my spirit to my Heavenly Father who gave it in the trust and hope of a joyful resurrection through the atonement of my Lord and Savior Jesus Christ. I wish to be solemnly plainly and unauspiciously placed in a plain poplar coffin painted white and buried in the South West corner of the grave yard at Alton in the place allotted to my family and placed reserved on my left side for my beloved wife J E Smith. I want no box to put my coffin in but pieces nailed to the bottom to rest upon and the vault large enough to keep from touch on the earth, to be covered now with that plans and the joints well broken and good clean wheat straw thrown to keep the earth from touching the planks and would prefer the mechanics in he neighborhood to make my coffin I wish burial service read at the grave and my funeral preached at Bethel the first Sabbath appointment after death. I devise that all my just debts shall be paid. I devise that there shall be no public sale but read (cannot read)
Wife Jane C SMITH to be farmed by my son Blackwell Smith made the ????? and advise my son T. Towson SMITH and after supporting my wife Jane E Smith and daughter Ida M Smith to apply any surplus to paying the debt upon the land. It is my wish individually that the farm Evergreen shall be divided out with the following manner.
1st The two fields next to Armstrong with stone fences nearly all grand last fences dividing containing five acres more or less to belong to my son Blackwell M Smith and his heirs and assignees forever assigning a right of way to public land to Luellen Fletcher wife of Lemuel Fletcher and T Townson Smith from his north field. I desire also that my son Blackwell M Smith shall have all interest. I may have in Alton estate and also saddle that belonged to my son Doniphan A. Smith.
2nd The next two fields surrounding by slave fence and divided by bush fence in to two fields containing 50 acres more or les to go to my daughter Rosa Jane Smith wife of William B SMITH to her and her heirs forever. A right of way reserved in the western side to the public road to T T Smith, Luellen Fletcher and family of Bill Smith. I desire she shall also have the family carriage.
3rd The land known as the new ground and woods extending from Armstrong’s fence and running in a southern direction along stone fence to white oak tree near base thence running in an eastern direction to the north western end of T Towson Smith mountain fields thence with T Towson Smith fence to Capt Brookfield’s line thence with Brookfield northern direction through woods to corner with Armstrong thence with Armstrong western direction to beginning containing 50 acres more or less. I desire that my daughter Lucy Ealen Fletcher wife of Lemuel Fletcher shall hold free from the claims of all others for here benefit and to her heirs forever. I also desire that my desire that my school head cane be given to Lemuel Fletcher and the gold watch returned to Luellen Fletcher.
6th Beginning at the entrance northern western end of Towson Smith mountain field then in a western direction two hundred yards more or less to white oak corner of Rosa Jane Smith the wife of Wm B. Smith’s line thence with said line in a southern direction one hundred yards more or less to the bottom of the hill of another road. Thence in a western direction down stone fence by Cattle House To line of Blackwell M Smith thence with said BM And T T Smith along public to little persimmon tree this side of old sycamore spring. Thence on a eastern direction across the field to large short bodies chestnut oak tree on the edge of the woods and easterly direction by a line agreed before Blackwell M Smith and ??????? so as to?????????
Daughter Ida M SMITH free from the clause of all persons whatever for her and her heirs forever. She is to give right of way to the public road for the aforementioned parties. I wish also that she have all the household and kitchen furniture, poultry, a horse (the colt I gave he) two milk cows, two hogs, stock of bees and bee hives
8th The rest of the land lying sour of this containing 25 acres more or less. I wish my son Towson to have and to hold. I also give and bequeath him my gold headed cane. To my grand daughter Helen Watson wife of Wilson. I wish her to draw thirty five dollars now in the hands of Henry Smith for which I hold bond. To my daughter Carrie R SMITH and William B smith are also reserved in the house of Henry SMITH thirty five dollars to be drawn where she may wish it. To bear traveling expense to head on Wm B. SMITH in the wash hoping that he may have the ability as I know he has the wish to take care of his mother. To my grand daughter Mollie SMITH I desire that T. Towson SMITH shall pay out of the personalty out of his past pay her fifty dollars and Blackwell M SMITH one hundred dollars making $150 in all to be paid out of the personalty of his past in four different installments and more over I desire the said Mollie SMITH to have the side of the school house so long as she teaches. Poplar School and the Trustees pay Ida M. SMITH twenty five dollars for yearly rest of school house. Lastly I appoint T Towson SMITH as my executor without security to carry out this will. As witnessed my hand this 15th July 1882.
J. Blackwell SMITH
AND paid for by the said T Towson SMITH to corner to on said T. Towson SMITH LINE west of mountain field thence with said the going north to the beginning the included land to belong to ***
Fauquier County Court April 27, 1886
A paper writing dated 15 July 1882 purporting to be the last will and Testament of J
Blackwell Smith deceased was this day propounded to the court for probate by T. Towson SMITH and Wm E Gaskins and E. G. Edmonds being duly sworn. Dispose and say that they are well acquainted with the hand writing of said J. Blackwell Smith deceased and verily believe that said paper writing dated aforesaid to enter will all in
Therein is wholly in the proper hand writing of said decedent as also the signature thereto therefore said paper writing is OK. T Towson SMITH named executor (Black) testament of J. Blackwell Smith deceased there upon made both thereto as this day proved to as this day proved and testator desiring that no security be required qualified as such exec and gave bond in the penalty of $15,000 payable and conditional according to law and wife is granted him in due form.
Test R H Dowman Clerk