File contributed for use on USGenWeb/MOGenWeb Lincoln County Heritage Page by Mark Etheridge drkilmer@earthlink.net, 2 October 1998. Link change or update: 31 May 1999
Will of Samuel Smiley (written 16 Feb 1843, codicil 5
Aug 1843)
Transcribed from Lincoln County Wills and provided by Mark Etheridge, 1998 .
I Samuel SMILEY of the County of Lincoln and State of Missouri being now of sound and disposing mind and memory, and being desirous of making a suitable and just disposition of my real and personal property amongst my wife and children do make and publish this as my last will and testament in manner and form following to wit.
1st I direct that my Executors (hereinafter named) shall collect what debts may be owing to me and pay whatever debts I may be owing.
2nd I direct that mt Executors sell all my personal property except my slaves on a credit of twelve months & take good security for the payment of the money.
3rd I direct that my Executors sell at publick sale the tract of land on which I now live, together with & including that which has been added to the original tract and also such land as I may hereafter purchase & add to it provided the said land can be sold at thirty dollars per acre - said tract to be sold on a credit of five years to be paid in five equal, annual payments, that is to say one fifth of the purchase money at the end of each year & to make title to the purchases when all the purchase money shall be paid. They the said Executors to give six months notice of said sale by advertisements in this and other states so as to make said sale as publick as possible. If my executors think they can do better by selling said land at private sale they are authorized to do so provided they obtain the said price of thirty dollars per acre. But if the said land cannot be sold at said price it is my will, that it be equally divided between my sons Reubin, John, David B., William G., and George P. reserving to my my wife Emily her right of dower therein.
4th I have heretofore given to my eldest daughter Catherine EMMERSON what I consider an equitable portion of my property, to wit, a negro girl called Nancy & other personal property. I therefore give her five dollars & this shall be her full share of my estate.
5th I have heretofore given to my second daughter Synthia WOMACK now deceased and to her infant children Virginia, Eliza Jane & Mary Jane, a negro girl called Ann & other personal property which I consider an equitable share of my estate. I therefore give to each of said children five dollars and this shall be their full share of my estate.
6th As I have heretofore given to my sons Reubin & John lands which I do not wish to be taken into account in any future division of property. I therefire give to my sons David B., William G. & George P. all my land except the above mentioned home tract of land (if it shall be sold) and my personal property (except slaves) as follows. A sufficient sum shall be reserved to educate according to their estate & condition my three youngest sons David B., William G. & George P. of the remainder of said money my wife Emily is to have one equal third absolutely and the othe two thirds to be equally divided between my five sons Reubin, John, David B., William G., and George P.
8th I dispose of my slaves as follows, my wife Emily is to have her dower in them as though no will had been made. The remainder of my slaves I give to my five sons above named equally. It is my desire that as near as it can be the oldest children shall have the oldest slaves, and that none of the slaves be sold out of the family, and that if a division cannot be otherwise made, that such slaves as have not been divided be set up to the highest bidder amongst the said legatees, all bids of the legatees not exceeding their respective shares shall be good against them to the amount of such bids. The Executors shall bid for such children as are under age if it shall become necessary to bid.
9th As to the slaves that shall fall to my son Reubin I give them to him for his own use during his life but not to be disposed of by him, & at his death to go to his children if he have any, if not to fall back to his brothers.
10th I appoint my neighbors and friends George W. ZIMMERMAN, James REED and James WILSON to be Executors of this my last will and testament with full power and authority to carry the same into effect according to its true intent. In testimony whereof I hereunto set my hand this 16th day of February AD 1843.
Saml Smiley
Witnessed by us in the presence of & at the request of the testator
Carty WELLS
John C. WELLS
James S. THOMPSON
F.G. GILMER
I Samuel Smiley the above named testator still being of sound and disposing mind and memory but in a low state of health do make the following alteration by way of codicil to the foregoing last will and testament to wit. In the third clause of said will which directs that if my Executors cannot sell my home tract of land at the price of thirty dollars per acre it shall be equally divided between my sons, Reubin, John, David B.,, William G. & George P. reserving to my wife Emily her right of dower therein - It is now my will and desire and I do hereby devise. That if said land can not be sold at said price of thirty dollars per acre, then and in that case said tract of land shall be equally divided between my three youngest sons David B., William G. & George P. reserving to my wife Emily her right of dower therein. If my Executors think it best that the land shall not be divided during the minority of my said three sons, then each of them is to receive equal parts of the rents and profits after reserving my wifes dower as before provided. In all other respects I hereby ratify confirm and republish said last will and testament this 5th day of August AD 1843.
Saml Smiley
Witnessed by us in the presence of & at the request of the testator
Carty WELLS
James S. THOMPSON
F.G. GILMER
File contributed for use on USGenWeb/MOGenWeb Lincoln County Heritage Page by Mark Etheridge drkilmer@earthlink.net, 2 October 1998. Link change or update: 31 May 1999
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