Estate Records of Thomas H. Smith and Descendents
I Thomas H. Smith of the County of Macon and State of Alabama, being of sound mind & disposing memory and knowing the uncertainties of life, do make ------ and publish this my last will and testament.
I hereby constitute and appoint my beloved wife, Roan D. Smith, Executrix of this my last will and testament and request and desire that no bond be required of her as such.
After the payment of my just debts and charges, I dispose
of my estate both real and personal as follows:
Item 1st - It is my will and desire that all my
estate both real and personal of any character consisting of my plantations in
Macon County, Negroes & stock of every description be kept together by my Executrix,
under her direction, control & superintendence until my youngest child become of age
(except hereinafter provided) and the annual proceeds of my said plantations & Negroes
to be applied to the maintenance of my family and to the support and education of my
children in a directable and proper manner and I do hereby give my Executrix---------to
sell & dispose of my said plantation at public or private ------ any time she may
desire it to be the interest of my estate, and --------- and other ------- for my estate
without first obtaining an order from the probate court for that purpose. Also
whenever she may think proper and I hereby give her authority to sell & dispose of any
of my Negroes or stock and buy others without an order from the probate court, also she
may invest the annual income & profit of my plantation & Negroes after the expense
of my family are paid in any property she may desire, and she shall not be required to
make annual returns or reports of the annual income & profits & expenses to the
Probate Court.
Item 2nd - In the event that my wife should marry, then it
is my will and desire that all my lands by sold by my Executrix at either public or
private sale without an order from the Probate Court and the proceeds of said sale be
equally divided between my wife & children, and that all my personal estate of
every description be valued by 3 commissioners appointed by the Probate Court, and be
divided equally between my wife and children, giving my wife, Roan D. Smith, the privilege
of selecting, at their value at the division and a ----------- part of my negroes
estate.
Item 3rd - It is my will and desire that whenever my daughters marry or become of age, that they receive -------------of my estate their portions as follows, that my land be valued by 3 commissioners appointed as in item 2nd and a child's part -------------- in each of my estates and only Negroes & other property valued by said commissioners and after my wife selects a child's portion as in item 2nd, an equal portion is to be set off to my daughter, by said commissioners and the r---------- of my estate after said portion is set off to my daughter to be kept together as in item 1st, giving each child their part as they become of age or marry, by the -------- until the youngest child arrives to the age of 21 years.
Item 4th - In the event of the death of my wife, it is my will that my lands be sold and proceeds equally divided among my children & my other property equally divided among my children by commissioners as in Item 3rd. Giving my wife the privilege of disposing of her interest, as she pleases.
Item 5th - In the event that any of my children should die before receiving their portions to which he or she may be entitled, than the same is to revert to my estate . In testimony, whereof I have here unto set my hand & seal . April 17th, 1860.
Tho. H. Smith } seal
In presence of
R. H. Abercrombie
Robt. L. Mayes
Document 12
The guardian charges hisself as follows. To hire of
Negroes for 1858
| Peter | $150.00 |
| Lucy | 40.00 |
| Scott | 150.00 |
| Anis & children | 30.00 |
| James | 75.00 |
| Nancy | 65.00 |
| Cezar | 30.00 |
| To school fund | 4.50 |
| $564.50 |
Document 56
1855 Lewis Smith guardian of Wm C Smith to W T Mabson
| June Pres & Med for Wash | 1.00 |
| " " " | 1.00 |
| Oct 17 Pres & Med for Clayton | 1.00 |
| " 18 visit | 1.00 $4.00 |
Jan 1856 Rec of Lewis Smith guardian four dollars in full of the above act
W Mabson
Document 166
Lewis H. Smith Guardian
Jany 1 1855 to hire of Negroes for 1854
| Washington a fellow | $150.00 |
| Rucker a fellow | 140.00 |
| Milly a girl | 60.00 |
| Calender a girl | 35.00 |
| Ulsy (or Usley) a woman | 50.00 |
| Louisa a woman | 85.00 |
| Hester a girl | 25.00 |
| Darcas (diseased) & 2 children | 36.00 |
Document 172
1859 The hire of Wm C. Smith Negroes for year 1859
Washington to L H Smith |
$150.00 |
| Louise & child to McClendon | 110.00 |
| Clayton to Wm Taylor | 100.00 |
| Rucker to Tom Ramsey | 130.00 |
| Calender to Ms. Johnson | 35.00 |
| Hester to Thornton | 35.00 |
| Milley to L H Smith | 40.00 |
The hire of Wm C. Smith Negros for the year 1860
| Rucker to L H Smith | $130.00 |
| Wash to L H Smith | 150.00 |
| Clayton to Thos Jones | 120.00 |
| Milley to L H Smith | 40.00 |
| Calender Do | 50.00 |
| Louse - Ms Green | 75.00 |
| Pink to Charles Hooks |
20.00 $585.00 |
Document 179
Lewis H. Smith guardian
1855 Jany 1 to hire of Engross for 1854
| Scott a fellow | $150.00 |
| Peter Do | 150.00 |
| Ceasar " | 150.00 |
| Anis & children | 27.50 |
| Jim a boy | 50.00 |
| Lucy a girl | 25.00 |
| Nancy | 25.00 |
| Rose (who died Dec 30/54) | 10.00 $587.50 |
1856 Jany 1 to hire of his same Negroes for 1855 except Rose who died Dec 30/54 - $592.50
Document 200
Lewis H. Smith in ofc for annual settlement of Robert P. Smith, minor