[001] 
 
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