The Will of Thomas W. Smith
(From County Court Records, February 22, 1855.  Will not dated.)


AND NOW, this day came his Honor, James Lane, Co. Judge, and held a Special Term of Court; and also at the same time came Peter Malone, Executor of the Will of Thomas W. Smith, Deceased, for the purpose of proving the Last Will of said Thomas W. Smith (deceased).  The Court after examining said Will and the Affidavit of two subscribing witnesses (William Fields & R. J. York ordered the said will to be entered of Record, which is in the letters and figures as follows, to-wit:

Will of Thomas W. Smith

IN THE NAME OF GOD AMEN:-- I, Thomas W. Smith, being weak and feeble in body, though sound in mind and memory, make this my Last Will and Testament, and I hereby revoke all former Wills and Testaments.

First of all I will and bequeath to Peter Malone, after he pays all just debts against me, including my phycian bill and funeral expences and all other just demands of what ever kind, my sorrel mare and saddle & bridle and cow & calf and corn, oats, table and crockery ware, meddicines, trunks and Bokes, farming utencils, medican jars and hoggs; and I further require that Peter Malone bury me on his land near where he built me a house, and that he grant me two rods square of land for the above purpose and that he enclose the same by railing and sew the same with tame grass; and that he enclose my grave by setting stone neatly around to extend six inches above the ground, and place a toom stone at the head and foot of my grave with this inscription: Thomas W. Smith, decease on the day and date thereoff; and he give Thoma C. Bembrook his horse known as his poney horse and that he have all my notes and accounts, 1 pair of cloth pants and two brushes and what moneys I have on hand and all my factory shirts.

2nd.  I will and bequeath to T. C. Bembrook all the rest of my waring apprarlel and one gum lancet.

3rd.  I will and bequeath to Mary Malone, wife of William L. Malone, all of my childrens cloths and there little glasses and toys, except 1 pare of soes and twoo or three dresses which I want Peter Malone to have, and that she have my twoo children degratipes, and twoo see shalls.

4th.  I will and bequeath to W. L. Malone my crop of wheat which is growing on his place, my books to be ditribted to each individual whoose names G. D. Kelly has written in the same.  G. D. Kelly have my smallest syringe.

5th.  I will and bequeath to George D. Kelly one thumb lancet, twoo cupping glasses, one tunky key gum a cartick pesery medical tables, one bottle sulphur acid, my apple G. black Root Extract, and that Thomas C. Bembrook to have choice of my three syranges and Branson York to have the other and that Peter Malone be my Executor, and James Arterberries wife have my silver specticles.

as We do solumly sware that we ware present and saw John Malone for and at the request of Thomas W. Smith sign the foregoing Will and that at the same time the said Thomas W. Smith (now deceased) acknowledged the same to be his will and the signing to be his deed for the purpose therein set forth, and that we belive him to have Sworn to and subscribed in open Court.  This 22nd day of February, 1855




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