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- [S221] Rutherford County Will Book.
Will Book 14 Page 254,255
- [S221] Rutherford County Will Book, Book 14, page 254.
Samuel B. Smotherman
Rutherford County Will Book 14 Page 254
Smotherman Samuel Decd.
State of Tennessee, Rutherford County November term 1842.
To Alfred Smotherman a citizen of Rutherford County. It appearing to the court that Samuel Smotherman has died leaving a written will, where you are appointed executor which has been duley proven in open court, and you have given bond and qualified according to law and it having been ordered by the said court thats letters testamemtary of to you. These are therefore to empower you the said Alfred Smotherman to enter upon the execution of said will and take into your possesion all the property and to return to this court in ninety days a perfect Inventory there of and making a due collection of all debt and after the just demands against the testator and settling of the business of said estate according to taw. You will pay over and deliver the property and effects that may remain in your hands and to all other things
that may be required according to the provisions of said will and the law of the land. Witness Robert S Morris Clerk at office the 7th day of November, 1842 and the 67th year of Americian Independence.Recorded 9th Nov 1842
Robert Morris Clk. (Copied by Martha Smotherman Mendez, October 15, 1998)
Rutherford County - Will Book 14 Page 255
Smotherman Samuel decd. Will
In the name of God Amen. I Samuel Smotherman of Rutherford County and the State of Tennessee being afflicted in body but of sound mind and memory and calling to mind the mortaliy of my body and knowing that it is appointed for all men once to die, do make my last will in manner and form following to wit 1st my wish is that all my lawful debts and funeral expenses be paid and as to the worldy property which it has pleased God to help me with. I dispose of it in the following mannner to wit.
Item 1st my wish is that my wife Elizabeth Smotherman have the whole of the property that I posess both land and slaves and all other property of every description for her use and benifet during her natural life or widowhood, at her death or marriage the whole to be divided among my childrenn in the following manner.
My son Alfred Smotherman to have the tract of land, where he now lives. My son William Smotherman to have the place where he formely lived known by the name of Henry Vinsons old tract.
My son Isham Green Smotherman to have one hundred and twenty acres including
the farm where he now lives and that the balance of my lands be equally divided between my two youngest sons James Franklin and Elmore Walker Smotherman it is also provided that my sons live on the land allotted to them free of rent and that the whole of my household and kitchen furniture be equally divided between my six daughters, named Rebecca Ann, Luncinda Taylor, Mary Catherine, Melinda Emaline, Dorinda Smitha and July Elmira Smotherman.
My wish is that the whole of the balance of my property of every description be sold on twelve month credit and the proceeds thereof to be equally divided among all my children as named above and if any of them should be owing me, any thing at my death for that to stand as so much in their share. I also appoint Alfred Smotherman and Pleasant W Underwood my Executors to this my last will and testament in witness where of I have here unto let my hand and seal this this 27th day of September, 1842.
his (Seal)
Samuel X Smotherman
mark
attest Wm Vinson
S.J. Holden
State of Tennessee
Rutherford County Court November term 1842
The execution of the foregoing last will and testament of Samuel Smotherman decd was duly proven in open court at the above mentioned term of said court by the oath of William Vinison and S.J. Holden Subscribing witnes that was ordered to be recorded.Recorded 9th November 1842
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