Tax, Court, and Wills
of Carroll County, Mississippi...

Will Book A, Page 461,462
Will dated 11 FEB 1864 Carroll Co., Mississippi

submitted by Peggy Hooper, November 24, 2003

Last Will of William M. Smith

I W M Smith of the County of Carroll and State of Misisippi hereby revoking and declaring of no effect all last Wills and testaments heretofore made by me do make and declare this my last will and testament. It is my will and desire that my wife Jacky Ann shall have to her seperate use and benefit all my house and kitchen furniture, all the provisions meat corn & fodder, now on the place on which I reside. It is my will and desire that my said wife and three youngest children, Henry Clay, Samul (sic) McNair, and George Washington the balance due on the place on which I reside, and that said place shall be divided into five equal shares one share to go to my said wife in fee simple three shares one to each of my said three children and the remaining share to my two Grand children, George Washington and Zibby Elizabeth Chapman. It is my will and desire that my said (sic) shall have the (use?) of all the stock now on my place during the present year and that after deducting the stock now on the place belonging to her, then the remaining stock belonging to me to go to my said three youngest children share and share alike. It is my will and desire that out of the above mentioned stock my said wife to have one mule called Polly Ann. I will and bequeath to my two sons Samil (sic) McNair and George Washington one mule called Button. It is my further will that my said wife shall reside in the house now occupied by me and on the division of my said place that the portion on which the house and out houses stand shall be allotted to my said wife. In testimony whereof I hereunto set my hand this 10th day of February AD 1864.



Signed by in as witnefes (s/s) Wm. Smith

at the request of said Smith

and in his presence and in the

presence of each other the 10th

February 1864

T W Scott (may be Scale - NOS)

his

David X Spells

mark

B R. Mayes



I Wm Smith do add this codicil to my foregoing will and testament made by me on this 10th day of February 1864. It is my further will and desire to give to my son John E. Smith and to my daughter Elizabeth Raney the sum of twenty Dollars each. In testimony whereof I have hereunto set my hand this the 11th day of February 1864.

(s/s) Wm Smith


Signed by us as Witnefes to the codicil of said William Smith said William Smith first signing in our presence and we signing (inserted: at his request and ) in his presence and in the presence of each other this the 11th day of February 1864.

T W Scott (Scale?)

his

David X Spells

mark

Proof

Carroll Probate Court April Term 1864

Application to probate the Last Will of Wm Smith dec'd R B Mayes (sic) one of the subscribing witnefes, this day appeared in open Court and being duly Sworn, says that he signed the paper presented to the Court purporting to be the last will and testament of William Smith deceased at the request of the testator and in his presence, that the testator signed the same in his presence, and in the presence of the other subscribing witnefes, that they all signed in the presence of each other and in the presence of the testator and at his request. That said testator was of sound and (disposing?) mind and memory at the Time of the execution of said Last Will.

Sworn to & Subcribed before me}

18th April 1864 } B. R. Mayes

W H Curtis Clk }



David Spell being duly Sworn says that he signed the last will of William Smith at the request of the testator and in his presence and adopts the testimony of Mr. Mayes, as his own in every particular, that he also saw the testator Wm Smith sign the codicil to said will, that he signed the same as a witnef at the request of the Testator, and in his presence, and in the presence of S W Scott (sic) the other subscribing witnef, who also signed the same as a witnef in the presence of the testator and at his request.

Sworn to & Subscibed before me} his

18th April 1864 } David X Spell

W H Curtis Clk } mark
___________________________

(NOTE: The Clerk of the Court still used the elongated "f" in place of the double "s" in the word witness and its variations. The Clerk used very little punctuation. I have inserted some punctuation for the sake of clarity. NOS)