FATHER

Samuel Smith

MOTHER

Ann Amiss

WIFE

Mary (Flournoy?)

     (She next married Newman Miskell)

CHILDREN

1. Williams Smith b. 1756

2. James Smith b. 1758

At the time of his death John Smith was guardian for John Young, the son of his sister, Mary Smith Young,  He also had two young children, William and James Smith.  His brother, Samuel Smith, became guardian for all three children.  Then about 1762 the widow, Mary, remarried  to Newman Miskell and by Aug 1763 Newman Miskell is listed as guardian of the orphans of John Smith.

WILL

In the Name of God Amen,  I John Smith of Essex County and Parish of Southfarnham being sick and weak of body but of sound mind and perfect memory do make and ordain this to be my Last Will & Testament in manner and form following.  1st. I lend unto my loving Wife, Mary Smith, During her life one third part of all my Estate my just Debts being first paid.  2nd. my will and Desire is as Iv been brought in Trouble by Eastham that is all my Estate Except Land and Negroes  will not pay my Debts nor they cannot be paid without Selling more than three Negroes then I desire and Leave my Land to be sold to the highest Bidder and my Debts to be paid with the money it Sells for.  3rd my Desire is if my Debts can be paid without Selling my Land that my Son William Smith should have it and do give & Bequeath it to him and his heirs forever, but if they Cannot  be paid without it for it to be sold as above. 4th I give and Bequeath unto my Son James Smith and his heirs forever all my Wifes third part of my Estate at her Death in case she should not be with Child but if my Wife should prove with Child then I leave my wife's third which (?) I lent her During life to be Equally Divided at her Death Between my son James Smith and the child my wife now go with.. 5th I leave all the Rest of my Estate of what Nature or kink sower to be Equally Divided Between my Two Sons William and James Smith if my Wife should not prove with child but if she should if she should my Will and Desire is that it should Enjoy in Equal part with my other two sons and to them I give my Estate and to their heirs forever.  Lastly I do appoint my Loving Wife Mary Smith my brother Samuel Smith and my nephew John Young Executrix and Executors of this my Last Will and Testament utterly revoking all other Wills  In Witness whereof I have hereunto with my hand and seal this fourteenth day of March one thousand  seven hundred  and Fifty Nine
Signed Seal's and Declared to be the last Will and Testament of John Smith
In presants of us who were in the Room with him
Robert Humley
Reuben Shatton
Robert Mosley

At a Court held for Essex County at Tapp'a the 20th Day of August 1759
This Will was presented in Court by Samuel Smith the Exer therein named who made Oath thereto according to law and was proved by the Oath of Robert Hurley one of the Witnesses.  Subscribed to be the said Will & Continued for further Proof, and at a court  held for the said County in the 16th Day of June 1760 Came Mary Smith the Executrix  & made oath to the said Will according to law of the same (?) & with is proved by Rubin Shattan another Witness thereto its admited to Record.

Essex Co, VA Will BK 11 pg 255

Essex Co., VA Will BK 11 pg 256