Will of Simeon Smith
Estate Number 3017, South Carolina State Archives Roll Number C1423
South Carolina, Anderson County
In the name of God, Amen. I, Simeon Smith, being of sound mind & memory & considering the uncertainty of this frail & transitory life, do therefore make, ordain, publish & declare this to be my last Will and Testament: That is to say, First after all my lawful debts are paid & discharged, the residue of my Estate, Real & Personal, I give, bequeath & dispose of as follows, to wit:
To my beloved wife, Amy Smith, I give, for her support & comfort all my estate real & personal during her natural life, but any personal estate that may be unnecessary to her comfort or otherwise cumbersome, she may cause the Executors hereinafter appointed to sell; the proceeds to be by her retained; after her death, then I Will that the estate remaining, real & personal be appraised by three or more select men & by them apportioned amongst my heirs as herein-after specified one or more of said heirs taking the real estate; but if said heirs will not or cannot agree to said apportionment as appraised & set apart, then I Will that the whole be sold, & whether apportioned by appraisement & or sale the division is to be as follows: to wit:
My daughter, Lucinda McElreath is first to receive One Hundred Dollars to make her equal with what the others have already re'ced, then her & my daughter, Elizabeth E. Wyatt & my sons, Miles H. & Joshua Smith are to receive share & share alike to the am'nt of Three Hundred Dollars, after which if there be a residue my son, Edward Smith will share the said residue equally with the above named heirs but he having heretofore re'ced a tract of land worth Three Hundred is not entitled to a share until the others receive a like am't. I further decree that as my daughter Margaret E. Martin has already re'ced the amount of Nine Hundred Dollars that she receive no more until all the foregoing heirs shall be made equal thereto; then if there be a remainder it should be equally shared amongst all of the above named sons & daughters; or if any of these sooner decease, then their heirs to receive their share, or dying without bodily heirs then to rever! t back to my estate & divided equally amongst the remaining heirs.
Likewise I make, constitute & appoint my son, Joshua & my son-in-law, John N. Wyatt, to be Executors of this my last Will & Testament, hereby revoking all former wills by me made.
In witness whereof I hereunto set my hand & affix my seal this Sixth day of March in the year A. D. One thousand Eight Hundred & seventy One.
(signed) Simeon Smith
The above & foregoing instrument was subscribed by the said Simeon Smith, in our presence & declared by him to be his last Will & Testament & we at his request & in his presence & in the presence of each other, have subscribed our names as witnesses thereto:
W. S. Pickens )
P. C. Pickens ) of Anderson County
James B. Newberry )
Proved April 3, 1875
W. W. Humphreys, Judge of Probate
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