- Samuel Smith Sr's will reads as follows:
In the Name of God Amen. Samuel Smith, Sr. Somerset County, being weak and feeble thru the infirmities of age but of sound and disposing mind, memory and understanding do make and ordain this my last and testament in manner and form following. I give unto my wife Esther Smith, my best riding carriage and one third part of my personal estate to be disposed of by her at her own discretion. give unto my sons James Smith, Samuel Smith and my son-in-law William Boggs and my daughter Rosanna Smith a privilege and use of the road that leads from my dwelling place to the county road at a schoolhouse to them and their heirs and assigns for no other use than a road and that to be used by each of them with as small injury to the others as may be.
I give to William Boggs, James Smith and Samuel Smith whom appoint trustees for the purpose herein after mentioned all that parcel of land whereas my son Whitty Smith now lives being part of several tracts of land bounded on the west by the county road and the land which formerly belong to Beauchamp Davis and bounded on the North by the land of Davis aforesaid and Jessie Adams land and on the East by the said Jessie Adams land and William Boggs land and bounded on the South by John Chapman's land and the land belonging to the heirs of John Schoolfield, deceased. Containing one hundred and sixteen acres more or less which said lands I give to the said William Boggs, James Smith and Samuel Smith in trust that they or either of them or either of their heirs permit the said lands to be tended or rented out or used in the most profitable manner that they or the acting part of them think most expedient and that they permit my son Whitty Smith to live in the dwelling house and work in the shop thereon at his trade or other work as he chooses, and in further trust that my said trustees or the acting part of them apply all the net profits arising from the said lands towards the support and maintenance of the said Whitty Smith and his wife and children. To be expended for that purpose in any manner that my said trustees thinks most proper for their advantage and benefit. And in further trust that after the death of my said son Whitty Smith or before his death provided he gives his consent thereto and signify the same in writing under his hand will attested that my said trustees or their active part of them or their heirs sell the aforesaid one hundred and sixteen acres of land with its appurtenances at sale to the best bidder for ready money or on a credit as they think best and divide the purchase money arising from the sale thereof in equal shares amongst the said Whitty Smith children which may then be living and any should be dead and left lawful issue of their body such as to have the share that would have been the parents dividend if alive and the said heirs or either of them or either of their heirs to convey the said lands to the purchase by deed in fee simple and such conveyance to be good and valid in law.
Item. I give and bequeath to my son James Smith all that parcel of land whereon he now lives beginning at a marked Black Gum in the mouth of a small branch near the main run of Morumsco Branch on the south east corner of Elijah Boston's land and running from the said Black Gum and running up by and with a ditch in the said small branch to Phillip Adams land thence Easterly by and with Phillip Adams to Thomas Adams land thence Northerly by and with Thomas Adams land and a road in the same direction crossing Morumsco Branch to Henry H Curtis's land thence westerly by and with Henry H Curtis's land to Elijah Boston's land thence by and with Elijah Boston's land to the beginning containing thirty five acres of land more or less to him and to his heirs and assigns forever.
Item. I give and bequeath to my daughter Rosanna Smith and her heirs and assigns forever all that parcel of land whereon Thomas Potter now lives bounded as followith beginning at a marked Black Gum being a former boundary between my land and Levin Beauchamp's land and running from the said Black Gum South 42 degrees East by and with a ditch one hundred and fifty perches to a turn said ditch thence south four degrees thirty minutes West by and with a line of marked trees one hundred and five perches thence South Easterly ten perches to a marked pine being the second boundary a small parcel of land I purchased of Peirce Chapman thence with the said small parcel land Southeast seventeen and one half
perches to a small white gum being the third bounder of the said parcel of land purchased of Peirce Chapman as aforesaid thence westerly by and with John Chapman's land to a marked Maple being a corner tree of the said John Chapman's land and a bounder of a parcel of land I purchased from William Adams and from thence running North westerly to a post set up at a corner of William Boggs land on the south side of the Hazel Ridge thence North nineteen degrees West by and with a line of marked trees ninety five perches to a post set up on the North side of the road that leads from my dwelling place to the County Road thence north thirty three degrees thirty minutes West one hundred and seventy one perches
to a post at a large ditch in Morumsco Branch thence North Easterly by and with the said large ditch to the beginning containing ninety two and one half acre of land more or less to her and her heirs and assigns forever.
Item. give and bequeath unto my son Samuel Smith the land and Plantation whereon I now live with all the remainder of my lands in Somerset County with their appurtenances not before mentioned being part of several tracts of land containing one hundred and eighty six acres of land more or less to him and his heirs and assigns forever.
I do hereby direct and it is my that in case either of my sons or daughters or son in law or daughter in law should contest or bring against me or my estate any account or claim otherwise than under my hand and seal in writing that such claim or claims shall not be paid. Unless such claimant bring in all that he, or she or they have had of me or may claim in virtue of this and suffer the same to make part of my estate and not then to be paid unless the said claim be legally, fixed and established by proper voucher. But all claims that any of them may have against me in writing under my hand and seal to be paid when duly proved according to law.
Item. give unto my four daughters Elizabeth Boggs, Polly Lippencott, Hetty Gibbons, and Rosanna Smith all the remainder of my estate to be equally divided among them, share and share alike.
Lastly I do hereby appoint my wife Esther Smith Executrix of this my and she refuses to act I appoint William Boggs my Executor of this my and if he dies or refuses to act appoint James Smith as my Executor and if he dies or refuses to act appoint my son Samuel Smith to be Executor of this to be my last and testament. But in case all who are interested in my Estate (except my son Whitty's children) should be of lawful age at my death. I desire my debts to be paid and no administration to be made of my goods and chattel farther then enable my Executor to collect my debts and distribute my estate according to the true intent and meaning of this my last and do hereby ratify and confirm this to be my last will and testament. I testimony whereof have hereunto set my hand and affixed my seal this 14th day of June in the year of our Lord God Eighteen Hundred and Thirteen.
Witnesses: John Stewart, Zadock Long, and Parker Selby
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| 1. Levin Smith, b. 1772, Somerset Co, Maryland d. 22 Nov 1798, Somerset Co, Maryland (Age 26 years) | + | 2. Whittington 'Whitty' Smith, Sr., b. Abt 1774, Somerset Co, Maryland d. Bef 1820, Somerset Co, Maryland (Age < 45 years) ╚═(--?--) (--?--), b. Abt 1780, Somerset Co, Maryland d. Yes, date unknown , m. Abt 1800, Somerset Co, Maryland
| | 3. James Smith, b. Abt 1775, Somerset Co, Maryland d. Bef 22 Mar 1858, Somerset Co, Maryland (Age < 83 years) ╚═Elizabeth 'Betsey' C. Rounds, b. Jan 1779, Somerset Co, Maryland d. 25 Jul 1815, Somerset Co, Maryland (Age 36 years), m. 16 Sep 1800, Somerset Co, Maryland ╚═Eliza Gillis Adams, b. Abt 1798, Somerset Co, Maryland d. 1868, Quindocqua, Somerset Co, Maryland (Age 70 years), m. 4 Nov 1817, Somerset Co, Maryland
| + | 4. Elizabeth 'Betsy' Smith, b. Abt 1776, Somerset Co, Maryland d. Yes, date unknown ╚═William Boggs, (s/o Makemie II), b. Abt 1770, Accomack County, Virginia, USA d. Yes, date unknown , m. Abt 1795
| | 5. William Smith, b. 23 Jun 1778, Somerset Co, Maryland d. 21 Oct 1843, Somerset Co, Maryland (Age 65 years) ╚═Mary Adams, b. 28 Mar 1805, Somerset Co, Maryland d. Bef 10 Apr 1888, Somerset Co, Maryland (Age < 83 years), m. 19 Oct 1830, Somerset Co, Maryland
| | 6. Samuel Smith, b. Abt 1782, Somerset Co, Maryland d. Yes, date unknown | + | 7. Hetty Smith, b. 8 Mar 1784, Somerset Co, Maryland d. Yes, date unknown ╚═Isaac Gibbons, b. 4 Dec 1770, Somerset Co, Maryland d. Bef 28 Nov 1820, Pocomoke Hundred, Somerset Co, Maryland (Age < 49 years), m. 12 Jan 1802, Somerset Co, Maryland
| + | 8. Mary 'Polly' Smith, b. Abt 1785, Somerset Co, Maryland d. Bef 29 Nov 1841, Accomack County, Virginia, USA (Age < 56 years) ╚═Samuel Lippencott, b. Abt 1765 d. Bef 27 Sep 1813 (Age < 48 years), m. Abt 1805 ╚═Whittington B. Pool, b. 13 Nov 1784, Indian River Hundred, Sussex Co, Delaware d. Bef 27 Feb 1837, Accomack County, Virginia, USA (Age < 52 years), m. 26 Mar 1816, Somerset Co, Maryland
| + | 9. Rosanna 'Rosey' Smith, b. Abt 1790, Somerset Co, Maryland d. Bef 6 Jun 1848, Somerset Co, Maryland (Age < 58 years) ╚═John Waters, b. Abt 1786, Somerset Co, Maryland d. Yes, date unknown , m. 1 Nov 1813, Somerset Co, Maryland
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