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The Last Will and Testament of George S. Smith
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Contributed by A Deason Smith, May 2000.

The Last Will and Testament of George S. Smith
George S. Smith died Intestate due to the fact that the will was never recorded. It was found in the estate papers of George S. Smith. Package number 2305 dated July 1, 1863. SC State Archieves number C1386.

In the name of God, amen. I, George S. Smith of Anderson District, South Carolina being of sound and disposing mind and memory but weak in body and calling to mind the uncertainty of life and being desirous to dispose of such worldly estab as it hath pleased God to bless me with do make and ordain this my last will in manner following that is to say:

1st    I desire that immediately after my decease that all my just and lawful debts be paid by selling such property as may be spared for the use of my family.

2nd    It is my will and desire that my wife, Elizabeth have and hold all my personal and real estate until my youngest child, Timothy Tolen becomes of lawful age, and then all my personal and real estate to be sold and equally divided among my lawful heirs with the exception of my Son-in-law, John Dickinson and Zany Dickinson, his wife. It is my will that he and her have one dollar only of my personal and real estate.

3rd    And lastly I appoint and constitute my said wife executrix and my son, George Washington Smith executor of this my last will and said testament by me hereafter made in testimony whereof I have hereunto set my hand and affixed my seal this 26th day of August 1862.

Test:          George (his mark) Smith
J. D. King
R. R. King

The children of George S. Smith are named in the following petition:

Petition to Confirm Sale of Land and for Relief

To Andrew O. Norris, Esq., Judge of Probate for Anderson County

The humble petition of George W. Smith respectfully represents that the late George S. Smith departed this life Intestate on the ____of 1863, leaving a small real and personal estate. That your petitioner took out letters of Administration on the Personal Estate, which was insufficient for payments of debts. That the Real Estate consisted of a tract of land containing 158 acres more or less, on waters of Little Brushy Creek in this county bounding lands of Alexander Orr and others. That the heirs at law of said intestate are the widow, Elizabeth Smith, and the following named children, to wit: Mary Ellen Spencer, wife of Paul Spencer, Zaney F. Dickinson, wife of John Dickinson, William Smith, Linda Hammond, wife of Hoke Hammond, Lucinda Sears, wife of George Sears, Susan Pilgrim, wife of Elford Pilgrim, Joseph L. Smith, Eugenia Smith, Elizabeth R. Smith, Timothy T. Smith, Leonora J. Smith, wife of William R. Smith, and your petitioner. That all the parties live in Anderson County except Lucinda Sears, who resides in Oconee County and Leonora J. Smith who lives in DeKalb County, State of Alabama.


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