Copy of Last Will and Testament of James Smith made by Jane A. Jones

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Copy of
The will of
Mr James
Smith, Made
by His Grand
Daughter
Mrs Jane, A
Jones in
1854.

Page 1
McIntosh County.
State Georgia

In the name of the Holy Trinity the Father
Son, and Holy Spirit[.] This first (1st)
day December - one thousand eight hundred
and fifty three (1853) I James Smith - of
sound mind and good memory of Sd County
and State - being far advanced in age,
and must shortly depart from this life
deem it right and proper both as respect
Myself and Family - I should make a
disposition of all the property which a
kind Providence has Blessed me - I
therefore make this my last will and
Testiment - in the simplicity of words,
as to avoid all technical words or
sentences touching the same and in
no instance it must be understood,
otherwise, than my express Wile and demise
nor shall any Lawyer, Court or Legis-
lature have directly or indirectly have


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any thing to do with it in its explina-
tion or adjustment of the same.
otherwise should an occuraance happen
(among such as would be called wise
among my Heirs) as to create a differ-
ance of understanding my views; then
and in that case, a choice of five(5)
of the most disinterested persons may be
made choice of such as not hearing
the parties on either side expressing
their views, until the question or
difficulty comes up before them for
judgement or adjustment, whose
decisson is made final to the question
submitted, as if settled by myself - And
those five disinterested friends, shall
be selected from each of my Executors
having named one (each) whose names
to be thrown into a hat or box, and
the five first drawn out shall be the
persons thus chosen. And I James
Smith make this my last will and

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Testament = and do hereby revoke.
and annul all others heretofore
made by me, touching all matter
and things having a bearing upon
all my worldly interest-
- First I-James Smith - recommend
my Soul to God; my Father and
creator, beseeching him to recieve
it in mercy and judge it not
according to its merits, but according
to the merits of Jesus Christ one
Lord - who offered himself as a
sacrifice to God his Father for all
his elect = according to his purpose
unworthy as we are - I, myself
among the chief of Sinners - Thus
I implore Almighty God to pardon
all my sins and transgressions
and thank him for the good hope
I entertain through Christ = I shall
be delivered there from under those

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views I desire that my Body be
Buried in a decent - and christian
manner suitable to my circum-
stances and condition avoiding
all such useless forms and
fashions which does not company
in glorify God and the christi-
an profession - my Soul - I
humbly hope and trust may
rest - with him who gave it-
in an eternal salvation - Through
that - Blessed Lord and Saviour
Jesus Christ - whose religion I have
professed and humbly hope and
trust, - enjoyed for many years
and found a comfortable
and abiding hope.
I James Smith desire that
all my debts be paid, without
delay by my executors (here in after
named) as I am unwilling my
creditors should be delayed from

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from their just dues especially as
there will be no necessity for it.
I James Smith give and devise
to my dear wife (Jane) should she
survive me (during her life) for her
support and comfort in, and
from the following provisions here in
made to wit -- In the first place, the
amount of Five hundred dollars
(or $500) annually paid here, that, with
the annuity pd her semiannually left her by
her former companion (in life) with the fol-
lowing - to say - the choice of any of my house ser-
vants to the number of five, with privilege of
the occupancy of any of my places - dying possess-
ed of - to say - Welham (Cobb County) Brighton
and Sidon (McIntosh County) embracing
the ground of twenty acres attached thereto as
only to embrace within the same, all such
buildings as attached to the dwellings for her
choice of residence, including all such building
furniture found thereon, with my carriage
horses, carriage, and stock of all kinds, this


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for her comfort during life - and as in
our connection, was found she owned a
Negro woman (named Lucy) finding her
a super numerary (among others in my
house) as well as manghter [?] (in her
character in our domestic relations) it
was unanimously agreed upon in the
sale of her thus the sum of Four hun
-dred and fifty ($450) dollars could only
be obtained for her, which sum ($450)
with all other moneys she may have
in safe keeping for me (at my death) shall
be paid over to her (as cash) independent
of any other provision made her - in
this James Smith's last will and Testament
to be applied by her as may be expedient in
her wisdom and good judgment - In
all this arrangement for my dear wife (Jane)
shall be considered as sufficient for cove-
ering all Dowry claims that may arrise in
her behalf being a full compensation for
the same - Again in addition to the above
provision made my dear wife (Jane) she shall

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be entitled annually during life (if wished
for) a support of provisions from my estate
-James Smith - as sufficient - to support
her house hold - In the event my dear
child Mrs Elizabeth West Dunwody [Dunwoody]-should
survive her (my dear wife Jane) all of those
said privileges (as above stated) to wit- In the
occupancy of any of my places as named - my
carriage horses, stock of all kinds - the choice
of five of my house servants shall be turned
over to her, my dear child (E W Dunwoody) in
like manner, and arranged as to enjoyed
as if more particularly specified during her
life.- My Brighton (Summer seat) McIntosh
County with all the hands adjoining to say
per survey, containing about Five hundred
(500) acres (see plat) with all its appendages [etc]
I James Smith -- bequeath and give to my
dear child - E W Dunwoody, in fee simple to her
and her heirs for ever - I James Smith
It is my will and desire after the death of
my dear wife (Jane) the sum of Five hundred
$500) dollars, be paid over to the Heirs of my
deceased and ever to be remembered brother


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(William Smith) to wit Doct. Sidney Smith
James L Smith Sarah W Smith Elizabeth
N Smith and Hannah M Smith to
share and share alike this said Five hun-
dred $500) dollars each receiving one hundred
($100) dollars of it - to them and their Heirs
forever - as a small testimony and regard
for his memory - as well as the gold watch
left me at his decease - I give to his son
James L Smith at my death
I James Smith - Wills and demise that
all the Lands owned by me at my death
within three (3) miles of my valuable estate
named and known as the Sidon
estate made up from sundry surveys and
Grants (as reference will show) shall be
considered as an appendage to [said] Estate with
all the Negros or slaves thereon; as well as
all others found to be mine at my decease
whether loaned to my several Grand
children or Great-Grandchild or children
as well as hired out (as if named) shall
be considered as my general estate, to be
kept in perpetuity, from the circumstance

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of neither of my Heirs are competent to the
purchase of [said] grounds, constituting [said] Estate,
as to make a division and my mind
revolting in the separation of their families
for a division among them, thus I James
Smith under that view and feeling, the
following is my will and demise for the
annual appropriate on of all the annual
income arising out of [said] Estate (those excep-
ted in the provisions made for my dear
wife (Jane) and my beloved daughter E. W.
Dunwoody, during their lives) To wit
-I-James Smith - wills after all necessary
plantation expenses or disbursements are
met, or paid off, with the several provisions
made for my dear wife (Jane) as before
expressed (regarding economy) to be divided
in the following manner (reserving such
amounts as will be here after here in named
for others purposes required) equally share
and share alike; between my following
children - Grand and Great Grand [children]
- To wit = my Grand Sons Wm J Dunwoody,
Dean M Dunwoody, and Jno F Dunwoody to


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them and their Heirs forever, and to my
two Grand daughters Mrs J A Jones, and
Mary E Dunwoody to them and their the
Heirs of their Bodies and in the event of
no Heir or Heirs of their Bodies then and
in that case, such a distribution as their
wills and desire may make - and to
My Great Grand child C M E Shackelford
to come under the same rule of dispo-
sition as that provided for her in a
deed of gift of sundry Negros found
recorded McIntosh County Superior Court
Book K. folio 260 - 21st March 1853. refer-
ing there to. - I- James Smith - bearing
in mind the past blessings, a kind Province
has afforded me from the success of labours and
culture of this sd. estate and in anticipation
of the future bearing testimony to the fact from
the same care and attention, a safe calculation
can be made of an average crop, from ten to twelve
thousand Bushels rice can be annually calculated
on (Providential visitations excepted) thus the
Amts of $9000 - might be annually expected
from all of the above arrangements reserv-

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ing as before said an amount to meet as
will be stated. Thus - then I - James Smith
Wills - that as soon as Six thousand ($6000)
dollars is made subject to meet all the foresaid
arrangements, paying off first plantation
disbursements - my dear wife (Jane) her annuity;
with the four hundred and fifty ($450) dollars
returned her for the amt the said servant Lucy
sold for (as stated) then and in that case - I
James Smith - Wills - that the keeping in view
the Five hundred ($500) dollars provided for
the sd children of my beloved and departed
Brother William, as before named, coming under
the rule or arrangement made for its pay-
ment not to be lost sight of - then and in that
case - I- James Smith wills so soon as that sum
of Six thousand ($6000) dollars is made subject for
such provision meeting all other requisitions a
stated - It is then enjoined upon my Executrix's
and Executors (as will here after named) pay over
from such sums of money, over the sd. Six thousand
($6000) dollars, or so much of it, as to give each of my
servants or Slaves, annually (so long as such money can
be obtained) each one over the age of seventeen years

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(remembering the superanuated among them)
as a small testimony of my regard for them
this for their little comfort I to say Five ($ 5) dollars
each, as well as in remembering of their spirit-
ual relations - I do James Smith wills that
one hundred ($100) dollars, be annually appropri-
ated in aid of the ministry (of one of good report)
of the Baptist denomination (as being preferred
by them) whose labors, for this sum appropriated
shall give his labors, at least twice in the month
The Chapel, on the Estate, to be kept in good
repair. -- As my mind has long been
exercised, not from any view that - slavery is to be
considered a sin but other wise, fully justified
from the Oracles of truth that = I James Smith
Wills, that provision for them that their situa-
tion might be measurably meliorated or
make better their situation, so gradually
that will prove in time (measurably) a better
condition for them. Thus for that end
I James Smith, for their gradual emancipa-
tion, the following provision I do hereby make
for them in this my will - To wit - that after
my decease an annual register will be kept,

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of all the Births occurring on Sd. Estate the
same being recorded in the annals of the
county in such Courts and records of the Same,
having cognisance of such public matters - as
the county requires- and that every tenth
[10] birth, at the age of eighteen (18) years of age
shall have faithfully made known to him,
her (or as the case may be) this arrangement
or provision made for carrying out this my
object, and in the event of such accepting of
it such shall be made known or report-
ed to the Society called the Colonization Society
in the United States of America for the
purpose of providing and arranging for
their freedom (of these accepting) and turned
over to Sd society coming under the rule
and should such reject this provision made
them, and in that case shall continue in slavery
if a female it shall not exclude or deprive
her Issue in coming under this [deleted: provision]
rule so provided - such coming under
this provision shall be supported as the
rest of the slaves, until the sd age of eighteen
(18) years, so required for their choice either to


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accept or refuse - and in conclusion of this
James Smith's last will and testament
for carrying out all the requisitions there
in named, do here by appoint and nom-
inate, the following persons, as my partic-
ular relations and friends, as my execu-
trixs and executors - To say my dear wife
(Jane), my daughter Elizabeth W Dunwoody
my executrixs - with the following - my three
Grand Sons as if named - with those
of my particular friends - to wit- united
with them the Rev John Jones, John Dunwoody
(Senr) of Boswell Cobb County - Jas H Couper
of Glenn County of (Hopeton) Alexander Mitchel
of Darien McIntosh County, James Jones of
Liberty County, William Gignilliatt of
McIntosh County as my Executors and
Executrixs to this my last will and Testa-
ment touching all and every thing
here in expressed and in the event of
vacancy, wanting me number as nomi-
nated here in (to day 11) the remaining
number at their annual meeting on Sd Estate
which is recommended to be on the first

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Monday of April) I shall appoint such one
or more if required to file such vacancy
to fail in doing so, any of the Courts or
Authorities of McIntosh County are permitted
to do so - and in either case as becoming [?]
as if done by me James Smith
- I - James Smith - for the harmony
peace - and good feeling of all parties
interested that at the annual meeting
on Sd Estate - by those my Executors and
Executrixs, for the arrangement and
adjustment of Sd Estate - to appoint one
for the superintendency of it - annually -
for whose services the sum that over one
thousand ($1000) dollars - shall be appropri-
ated as to cover overseer's wages, and his
Superintendency - whose duty is to keep
a day book of all accounts [etc] [etc]
emanating for and against Estate [?]
and when approved of at the annual
meeting (on said Estate) after being appro-
ved of and signed by the acting ones,
it shall be made a record in the
County for such paving an interest


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there in - In conclusion - I James
Smith - must beg the pardon of
those my friends herein named, as
My Executors and Executrixs although
the laws of the State make provi-
sion for their commissions under
such appointments - I must say
from so many divisions, provided for [etc]
I must beg leave not to admit - and
thus throw myself on their clemency
for my rejecting any commission.
being claimed or charged by them-
And as regards any other property
- I- James Smith may be found
possessed of at my death - as not
included in that left in perpetuity
To wit - Moneys at interest - either
from Bonds, Notes, accounts, Houses
Lands [etc] shall be equally divided
between my three grand sons, to say
William J Dunwoody, Dean M Dunwoody,
and John F Dunwoody-share and
share alike to them and their

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Heirs forever - so as not - to interfere,
in any arrangements from that
provision made for my dear wife
(Jane) as well as for my daughter
(their Mother) E W Dunwoody - as stated
in this my last will and testament
As witness my hand and seal to above date

[signed] James Smith

Test
signed [Charles] H McIntosh
[Thomas] S Bond
[James] Rokenbaugh
Not Public