First - I leave to be sold by my executor herein after named all of my Cypress and Juniper Swamps on a credit of six months, with the exception of the swamp belonging to the homestead plantation also all my fishing aparatuses, seine, Flat, canoes &c all of my stock of cattle with the exception of four cows & calves & one work ox being my wife Nancy's choice therein all of my horses with the exception of one being the choice of my said wife - and also that my executor hereafter named collect all the notes & that he can which may come into his hands and out of said sales & collections, and after my death my body to be decently buried by by burial expenses paid & a set of tomb stones erected at my head and feet after which then pay all my just debts to whom they may be justly oweing- I leave also to my executor fifty dollars out of said sales and collections for his services as executor thereto and the balance of said funds if any I give unto my wife Nancy to be paid over to her by my executor hereafter named then I lend unto my said wife Nancy all my property both real and personal during the time of her natural life or widowhood and at her death or marriage I give unto Benja. F. Pritchett son of Kesey Pritchett the tract of land where on I die seized or possessed known by the name of the Black Walnut land also the piece of swamp belonging to said track to have and to hold the same unto his heirs & assigns if any lawfully begotten of his body. I leave the balance of my property to be equally divided between the said Benj. F. Pritchett son of Kissy Pritch and Nancy Crain daughter of Thos & Caroline Crain and to their lawful heirs of any begotten of their body. In the event the said Nancy Crain or Benj. F. Pritchett should die leaving no lawful issue I give the property of the one that dies leaving no lawful issue to the one living or his or her lawful issue if any and in the event the said Nancy Crane and Benj. F. Pritchett both die without any lawful issue I give and bequeath the property they or either of them die seized or possessed to Benj. F. Owens son of Joseph Owens decd his heirs and assigns forever; and I hereby nominate constitute and appoint Wm. J. Beasley executor of this my last Will and Testament hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. In witness whereof I the said A. H. Smith do hereunto set my hand and seal this January 24th 1858. Signed Sealed and published and declared by the said A. H. Smith to be his last Will and Testament in the presence of us who at his request and in his presence do subscribe our hands and names as witnesses thereto
Witnesses
R. D. Owens
G. L. Owens
A. H. Smith (Seal)
Tyrrel County Court
Oct. Term 1858
A paper writing (to wit this one) purporting to be the last will and testament of A. H. Smith Viz: exhibited for probate in open court by William J. Beasley the executor therein named and the due execution thereof by A. H. Smith as proved by the oaths and examination of R. D. Owens & G. L. Owens the subscribing witnesses thereunto, it is therefore considered by the court that the said paper writing and every art thereof is the last will and testament of the said A. H. Smith and the same is ordered to be recorded and filed.
Eli Spruill Clk.
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