Will of James Smith

In the name of God amen. I James Smith of Somerset County and state of Maryland, being of sound and disposing mind, memory and understanding, do make constitute and publish the following to be my last will and testament, to wit; Item first I give my best horse and carriage to my wife, her choice of one bed and furniture, and also one yoke of oxen, and one cow her choice, and fifty dollars worth of my furniture as she may like to take. And also I give her ten acres of land lying in her enclosure in Quindocqua to her and her heirs forever. Item Second, I give the land whereon I now live to the children of my sister Rosy Waters, deceased, to wit: Samuel, William, John and Sally to them their heirs forever, And also I give to them twenty acres of Woodland, or timbered land to be laid off by them on the land which I purchased of David Long's heirs, to be laid off on that part nearest to the lands on which I now live heretofore devised to them and their heirs forever. Item Third, I give and devise the lands I purchased of John Miles to the children of my sister Polly Polk deceased, the said land to be sold by my executor hereinafter named, for their benefit and his deed to be good to the purchaser thereof in fee simple. Item Fourth, I give and devise the land that I purchased of the heirs of David Long to my sister Betsy Boggs' children, The same to be sold by my executor hereinafter named, for their benefit, his deed to be good to the purchaser thereof in fee simple. Item Fifth I give and devise to my nephew, James Smith, the land I purchased of Henry Lankford about sixteen acres more or less, lying in Quindocqua, to him and his heirs forever. Item Sixth It is my will that the balance of my personal property should be sold and equally divided, between the children of Theodore I. Gibbons and the children of Levin Smith, but it is not my intention to include my Negroes in this bequest and I leave them as hereinafter mention Item Seventh. I hereby give & bequeath unto my nephew William S. Waters, my negro boy Joshua, and I also bequeath to him as my Executor, the care of my old Negroes, Ned and Myda, he to provide for them, and Ned to have his liberty. Item eighth I do hereby appoint my nephew William S. Waters, to be the sole executor of this my last will and testament, hereby revoking all others heretofore made by me. In testimony whereof I have hereunto set my hand and seal this Sixth day of June in the year Eighteen hundred and forty eight. James Smith (seal) Signed, sealed published and declared, by the above named Testator as and for his last will and testament, we having signed the same in his presence, and in the presence of each other, as witnesses at his request. Tubman W. Sudler, Wm T. G. Polk, John Curtis Somerset County to wit: March 22nd 1858. Then came William T. Waters and made oath on the Holy Evangely of Almighty God, that the foregoing instrument of writing is the true and whole last will and testament of James Smith ,late of Somerset County deceased, and that he doth not know of any other. Before S. C. Long Reg W S C Somerset County to wit: March 22nd 1858. Then came John Curtis one of the subscribing witnesses to the foregoing last will and testament of James Smith late of Somerset County deceased, and made oath on the Holy Evangely of Almighty God, that he did see the Testator therein named sign and seal this will, that he heard him publish, pronounce and declare the same to be his last will and testament; that at the time of his so doing he was to the best of his apprehension of sound and disposing mind, memory and understanding, capable of executing a valid deed or contract, and that he subscribed his name as a witness to this will in the presence and at the request of the Testator and in the presence of the other subscribing witnesses. He further deposed that he saw William T. G. Polk and Tubman W. Sudler subscribe their names as witnesses to this will in the presence and at the request of the Testator Recorded in Liber JP No 5 folio 305 Before S. C. Long Reg W S C Test S. C. Long Reg W S C