Smith Will

Richard Smith Will

Georgia, Pulaski County

Know ye that I, Richard Smith, knowing the uncertainty of this mortal life, but being of sound mind and memory, do make this my last Will and Testament.

1st. I give and bequeath to my beloved wife Serreana Smith (440) four hundred and forty acres of land more or less the plantation whereon I now live together with one choice farm horse and horse cart for and during natural life or widowhood. In the event of her intermarring with another man, the above property to be sold by my Executor and divided equally among all my children. Also that my wife Serreana Smith do claim for herself one choice cow and calf selected by her at my death from my stock of cattle. One feather bed and furniture and necessary household and kitchen furniture for her a comfortable situation at her control during her natural life without reserve together with (one sow) pigs.

2nd. I also give and bequeath to my son John Henry Smith one feather bed and furniture and one cow and calf.

3rd. I also give and bequeath to my daughter Racheal Jane Smith one feather bed and furniture and one cow and calf.

4th. The remaining portion of my property of all kinds to be sold soon after my death and the proceeds equally divided among all of my children.

5th. I also appoint J.E. Floyd Executor to carry out to the letter this my last Will and Testament after paying my just debts.
This July 31, 1871
      Richard R. Smith

Signed and Sealed
in the presence of
James Hinson

State of Georgia
Pulaski County

Pulaski Court of Ordinary March Term 1875

Came into open Court at the regular term of the Court, G.H. Powell and James Hinson, who being duly sworn desposeth and saith that they saw Richard Smith sign and publish the annexed will as his last Will and Testament. While of sound mind and disposing memory. And that they and the other witness to said will witnessed the same for him at his request and in his presence . And that each of the witnesses subscribed to said will "to wit" J.L. Overby and disponents saw the said Richard Smith sign and publish the said will and that disponents and each of the said witnesses signed said will in the presence of Richard Smith and in the presence of each other and that said will was executed by said Richard Smith voluntarily on the day the same was purported to him for executing.

Sworn to & subscribed before me James Hinson
March 6th, 1876 G.H.Powell
P.McGriff, Ordinary PC

Georgia, Pulaski County

Before me P. McGriff Ordinary of said County came in person James E. Hinson executor of the last Will and Testament of Richard Smith desceased late of said County and also the witnesses to said will James Hinson, James L. Overby and George H. Powell who being duly sworn disposed say that they saw the said Richard Smith sign, Seal, Publish and declare the said instrument as his last will and testament voluntarily and freely without compulsion. And that they signed said will as witnesses in the presence of said Richard Smith and each other.

Sworn to & subscribed James Hinson
before me this 1st. day G.H. Powell
May 1876 J.L. Overby
P.McGriff Ordinary PC

Pulaski Court of Ordinary May Term 1876

It appearing to the Court that all the heirs at law of the late Richard Smith deceased of said county were duly served with written notice that the said Executor James E. Floyd would apply to the Court of Ordinary in and for said county on the first monday in April to probate the will of said Richard Smith deceased in Solomn form and that said notice was given ten days before said first monday in April, and further on account of the absence of the said witnesses on first monday in April This case was continued until the present time When the said witnesses to wit-James HInson, G.H. Powell and J.L. Overby come in person before me and made oath that they signed said will as witnesses and saw Richard Smith sign the same and that they signed in the presence of each other. Therefore it is ordered that the said will of Richard Smith deceased late of said county be and is duly ordered and considered as proven in solomn form and that the same be admited to record as such this 1st. day of May 1876.

Ordinary PC

Entered May 15th, 1876
Ordinary PC

Notes: The two children named in the will were from Rev. Richard Smith's second marriage to Serena Darsey.
The other children not named were: Hughie Smith b. 1821, Troy Smith b. 1824, Jackson Green Smith b. 1838, Elizabeth Smith b. 1833, Rebecca Caroline Smith b. 1835, Richard Gordon Smith b. 1839 and Allie Eliza Smith b. 1844. Rev. Smith's first wife was Rachel Elizabeth Mullis.