Book ___, Page 460
Proven: October, 1859

In the Name of God, Amen.

I William Smith, Senr. of the County of Hawkins and State of Tenn., 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 & Testament, that is to say:

First. After my lawful debts are paid and discharged, the residue of my Estate, real and personal, I give, bequeath and dispose of as follows (to wit):

1st. I give and bequeath to my daughter Elizabeth Kennon, her heirs & assign forever about 50 acres of land off the east end of my tract of land including where Thomas Kennon now lives, also my little black boy named Caswell.

2nd. All the balance of my land whereon I now live adjoining the lands of David Reynolds, John Reynolds and others, I give and bequeath to my son Sevier Smith on the following conditions, that the said Sevier Smith is hereby bound to support me and his mother Winney Smith decently and clear of want during our natural lives, or during my wife’s widowhood.

3rd. I give and bequeath to my daughter Cassander Couch one negro girl Hannah together with some money that I have heretofore given her.

4th. In addition to what I have heretofore given Mahlon and Nancy White, $400.00 — $200.00 apiece — to be paid to their Guardian, and to be paid by my Executor so soon as my property is disposed of and my Estate settled up.

5th. I also give to my son John Rufus Smith my town lot in the town of Rogersville about five eights of an acre adjoining McKnight‘s lot and others, on the main road to the Court House. Also $400.00 in money.

6th. I also give to Minerva Kirkpatrick my negro girl Jane, to have and to hold the right to her and her heirs forever.

7th. It is my desire also that my three negro boys Bob, Sandy, and John be kept in the family and it is my request that David Kirkpatrick, Sevier Smith, Calvin Smith and Lazarus Couch take the three boys and keep them among them at the price I have here set on them; that is, Bob at $500.00; Sandy at $400.00; and John at $200.00, and the money to be applied to the uses hereinbefore mentioned, and the balance of the money to go into the hands of my Executors and be applied to others uses.

8th. It is also my will and desire that my black girl Eliza be free at my death, and that she is not to be subject to be sold by none of my heirs, and that none of my children nor wife is to have any claim on her as being a slave, and she is to have the privilege of living on the land that I have given to my son Sevier, or to live with any of the connection, as the case may be.

9th. It is my wish that my son Calvin M. Smith have in addition to what I have heretofore given him, some claims and receipts that I hold on him and have paid for him to the amount of some one hundred and twenty odd dollars, and the claims to be given up to him.

10th. In addition to what I have given Sevier, I also give him my sorrel mare and two beds, bedsteads and furniture.

I have a small piece of land joining John Saunders Fitzpatrick which I wish to be sold and the money to go towards paying my debts.

11th. It is also my wish that after my just debts is paid, the balance of property both household and kitchen furniture and stock of every kind be left with my wife for her use and support during her widowhood.

Lastly. I make, constitute and appoint David Reynolds and Lazarus Couch to be Executors of this my last Will & Testament, hereby revoking all former wills by me made.

In witness whereof I have herewith subscribed my name and affixed my seal. This 18th day of July in the year of our Lord, one thousand eight hundred and fifty nine.

William [X] Smith (seal) (his mark)

Witnesses:

John Reynolds
J. R. Saunders

A Codicil to the above named will whereas I William Smith of the County of Hawkins and State of Tennessee, have made my last Will & Testament bearing date of 18th July, 1859, in which I have disposed of the greater part of my effects.

Now, therefore, I do by this my writing which I hereby declare to be a codicil to my last Will and Testament and to be taken as a part thereof order and declare and it is my will and desire that Aslee and Waitman White my two grand children have as addition to what I have heretofore given them $100.00 more each of them, making $300.00 apiece.

Also, in addition to what I have given my son Sevier, I also give him my wagon and gearing.

It is also my wish and desire that all the balance of my effects after my jest debts are paid, which I left to my wife in my first will, still be left in her possession and to be used for her support during her widowhood, and not to be wasted or disposed of in any other way whatsoever.

And whatever is left during her widowhood or at her death to be equally divided amongst my lawful heirs.

It is also my will that my black girl Eliza be not free until the death of my wife.

In witness whereof I have hereunto set my hand and seal.This 3rd day of September in the year of our Lord one thousand eight hundred and fifty nine.

William [X] Smith (seal) (his mark)

Witness:

John Reynolds
J. R. Saunders

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Transcribed by Betty Mize