Landgrave Thomas Smith, Jr.'s Last Will and Testament
   

   

IN THE NAME OF GOD AMEN I THOMAS SMITH one of the Landgraves of South Carolina in Perfect health yet Considering the uncertainty of this Life for the Settling well Ordaining and Disposing of my whole Estate real and Personal Do make appoint and Order this present Instrument of Writing to be my Last Will and Testament in Manner and Form following (That is to Say) First and Principally I Commend my Soul unto Amighty God my Creator firmly hopeing that through faith in Jesus Christ I shall Obtain free pardon of all my Sins and inherit Eternal Life my Body I desire my be decently buried according to the Directions of my Executor hereafter named, As Concerning the Wordly Estate wherewith God in His mercy has Blessed me I dispose of the same in Manner following I Do appoint that all my Just Debts and Funeral Charges be fully Discharged and paid with all Convenient Speed after my Decease.

Item: I give and bequeath unto my Eldest Son Henry Smith my brick house together with five hundred acres of Land adjoyning on my Brother George Smiths and my great Marsh also - Containing Two hundred acres the Eastermost Part I Give to my son Henry Smith and his heirs forever this Land to Extend backward to the Extents of my Land According to the Platt of one Thousand four hundred and Eighty Acres also my Landgraves Patent .

Item: I give and bequeath unto my Son Henry Smith and his Heirs forever three hundred Acres of my Wasamsey Land to be taken out of the whole Platt in Proportion to the said Platt and he to have his first choice. Item: I give and bequeath unto my son Henry Smith three hundred Acres of my Back River Land and the same Quantity to my Sons Thomas Smith George Smith and Benjamin Smith and to be so equally Divided that each may have a Proportional Share of the Syprus Swamp Which I give to them and Their Heirs forever. Item: It is my Will and I do order and appoint that my Land Joyning on Granvite (Granville) Baston be sold containing Seventy odd foot Front and one hundred forty foot back which I empower my beloved wife to Sell and to give a sufficient title to them that buy to them and their heirs forever the Mony which that said Land comes to be laid out in Young Slaves for the use of the Plantation I now Live on.

Item I give and bequeath unto my Sons Henry Thomas George and Benjamin my Geader Island at the Mouth of Cape Fear River being on the North Side of the said River Containing Eight Hundred and odd Acres, which I give to them and Their Heirs for ever the same to be Equally Divided as also the Remainder of My Cape Fear Lands which I do give to the four before mentioned Brothers to them and their heirs for ever.

Item I give and bequeath unto my Son Thomas Smith four hundred Acres of my Goose Creek Land Joining his brother Henry Smiths also that Part of my great Marsh that my son Henry has Two hundred Acres of't which I give To him and his heirs for ever to be run in Proportion back according to the other Platt of fourteen hundred and Eighty Acres.

Item I give and bequeath unto my Son Thomas Smith Three hundred Acres of my Wasmasay Land joyning his Brother Henry Smith to him and his heirs forever.

Item I give and bequeath unto my Daughter Mary Scriven One Thousand Acres of Pine Land joyning on Whiskimbo and a thousand Acres joyning that to my Daughter Elizabeth Smith and three hundred Acres to each of them of my Wasmasay Land to them and their heirs for ever the Remaining part of my Wasmasay Lands with one thousand Acres of Pine Land joyning that I gave my Son Waring I give to my beloved Wife to her and her heirs for ever.

Item I give and bequeath unto my Daughter Elizabeth Smith One hundred and Eighty Acres - of my Goose Creek Plantation Joyning on that I gave My Son Thomas together with Seventy odd acres of that Marsh of which my Son Henry Smith has Two hundred Acres which I give unto my said Daughter Elizabeth and her heirs for ever which is to run back accordingly to the Plat of one Thousand and four hundred and Eighty Acres.

Item I Give and bequeath unto my Son George Smith One hundred and fifty acres of my Goose Creek Plantation and one half of the second great Marsh the said Land to run in Porportion back according to the Platt of one thousand four hundred and Eighty Acres which I give to him and his heirs for ever.

Item I give and bequeath unto my beloved Wife One hundred acres of my Goose Creek Plantation together with Twenty five acres of that marsh Commonly called Cannadays Marsh the land joyning on Lands of M. Daniel Weatsaysons and whereas there is near two hundred Acres of Pine Lying between this and the high Road Leading to Goose Creeek it is my Will that on a Survey what belongs to me may be Equally divided between my Beloved wife and my Son George Smith and Benjamin Smith which I give to them three and their Heirs for ever. I Do order and appoint my Loving Wife Mary Smith in case of my Death to give Captn William Pinkney A Title For one hundred and twenty foot on the Eastermost Part of my Bay Land that runs to Low Water mark on the North side of the said Pinkney's Bridge which Land the said Pinkney has paid the greatest part for and the one hundred & Twenty foot of the Westermost parts I give fourty foot of it Joining to the said Pinkney to my beloved Wife Mary Smith and the Westermost part being eighty foot remaining I give to my Sons Henry Thomas George and Benjamin Smith The Said Henry having his first Choice Thomas next. Then George and Benjamin which I give to them and Their heirs forever and I do here also confirm such a title as my Wife may give to Captain William Pinkney to him and his heirs for ever for the said hundred and Twenty foot.

Item I give and bequeath unto my Daughters Sarah Bowes Two hundred acres of high land and Two Hundred Acres of Marsh that joins on the old Store and Fronts Cooper and Back River which I give to her and her heirs For ever.

Item I give and bequeath unto my Son in Law Edward Hyne five hundred Acres of Land on Lawrance's Island at Wynyaw According as it is platted in the said Grant which title I Empower my Wife to give him for his use and his heirs for ever.

Item I give and bequeath the Eastermost Half of my Lott Number One hundred and two be equally Divided between my Wife Mary Smith and all my children the westermost half I Do Empower my Wife Mary Smith to Dispose of and sell to the best Bidder with the Marsh before it and to give such a one a title to him and his heirs for ever, the Marsh that Lyes before the Eastermost Part I give my Wife Mary Smith and all my children to her them and their heirs For ever.

Item I also give unto my loving Wife Mary Smith & all my Children all my White Point Land to them and their heirs for ever. And whereas there is a grant Recorded of mine in the Secretaries Office which was taken out by my Father when Governour the Original Some how or other Mislaid tho' the Counter past the Secretary Writes me word is in the secretarys office which confirms my Title to the said Lott and the other part of my White Point Land is granted to my Father & his heirs for ever which Titles be in the house the foresaid White Point Land may be divided by Lott and whereas my Eldest Son Thomas Smith did by a Scandalous Marriage bring a disgrace on my family on which I only gave him liberty to settle on part of my Ashley River Land during his life he paying taxes and rent due to the Government which when his surveying Executor Mr. Roger Saunders sent me word he could find no title to that land where my son Thomas lived therefore desired I would settle it on his son which request I granted as appears By the first paragraph in my will before this dated the Twenty Seventh of March 1732 Signed sealed published and declared before evidence and since my Grandson Thomas Smith Dyed before he was of age or married which was the conditions of giving it to him and therefore consequently descended to me and my heirs for ever I therefore empower my loving wife Mary Smith to dispose to the best bidder and to give a title to him or them that shall purchase the same to his or their heirs for ever.
And whereas I have lately sold to Doctor Martini part of two or three small tracts of land on the Westermost part of Goose Creek high road which I have yet signed no title for an in case of my death I empower my wife Mary Smith to give him a title to him and his heirs for ever.
And whereas Mr. Swinton of Wynyaw has in a triumphant manner writ me word that he was before hand with me in getting the Kings Grant fot two thousand acres of my land joyning on each side on Mr. Comander also Black River which was survey'd and platted first of all by Mr. Leagrand who could not finish it he having a misfortune by falling into a pitch hoole I got one Mr. Robertson one of Mr. St. Johns Deputys to resurvey and return the same as a sworn officer in part of my Landgraves Patent all this was done before Mr. Swintons undermining Title of which I complained in Governour Broughtons time who sent me such as answer as Mr. Swintons friends wont care to see I was also informed by Major Pawley that Captain Akeings had also under hand run out several hundred acres of my land that was returned me by virtue of my patent by the late Governour Broughton when surveyor general above twenty six years ago and some since returned by Mr. Young when surveyor general and taxes and rents always paid so that I trust and hope the succeding Government will not let my poor family suffer contrary to all Law & Equity and whereas I have laid out a Township on my Winyaw barony and have advertised to sell part of it and to give part of it to strangers according to my printed advertisement as also to rent out part I do authorize and empower my loving wife Mary Smith to sign such writings that either the purchasers or renters may be sure of a good title according to agreement made with her during her widowhood which title of hers I do confirm to them their heirs or trustees for ever for the use of any children that may have the land.

And where as I have reserved for myself twenty lots on the front of the said township which runs back to the first cross street.

Item I give unto my son Henry Smith and his heirs forever Two lots Sixteen and fourty six as appears in the model of the said town.

Item I give unto my Son Thomas Smith Two lots number thirteen and forty three as appears in the model of the said Town to him and his heirs for ever.

Item I give unto my son George Smith two lotts Number ten and forty as appears in the model of the said Town to him and his heirs for ever.
Item I give unto my son Benjamin Smith two lotts number nineteen and forty nine as appears in the model of the said Town to him and his heirs for ever.

Item I give unto my loving wife Mary Smith two lotts number twenty two and fifty two as appears in the model of the said town to her and her heirs for ever.

Item I give unto my daughter Ann Waring two lotts number twenty five and fifty five as appears in the model of the said town to her and her heirs for ever.

Item I give unto my daughter Moore two lotts number twenty eight and fifty eight as appears in the model of the said town to her and her heirs for ever.

Item I give unto my daughter Sarah Bower two lotts number seven and thirty seven as appears in the model of the same town to her and her heirs for ever.

Item I give unto my daughter Mary Scriven two lotts number four and thirty four as appears in the model of the said town to her and her heirs for ever.

Item I give unto my daughter Elizabeth Smith two lotts number one and thirty one as appears in the model of the same town to her and her heirs for ever.

Item I give unto Doroty Bassett daughter of my good friend the Reverand Nathan Bassett one lot number one hundred and six as appears by the model of the same town to her and her heirs for ever.

And whereas I have thirty one grand children and great grandchildren I give unto each a town lott which amounts to thiry one lotts beginning at number three hundred and fronting Church Street to number three hundred and fifteen joyning Broad Street and from Number three hundred and thirty one to three hundred forty five on Broad Street and three hundred sixty one being the corner lot of the first Cross Street from Church Street as appears in the model of the said town which I give unto them and each of them and their heirs for ever to be drawn by lott. I also give unto my aforesaid grand children and great grand children two thousand acres of land to make each of them a small retiring country seat which two thousand acres of land is to begin from the back part of my barony that is near Santee River and to run towards Winyah River to join that land which I have by my Printed Advertisement given away to ministers and poor people and a free School Churches meeting houses & c. now the said land for my grandchildren to be drawn by lott which I give unto them and each of them and their heirs for ever and my further desire is that the above said lotts in the Town and the lands that I have given to my grand children and great grand children be divided by lott to each of them or their parents or guardians within six months after my decease for their use and their heirs for ever. And whereas in all probability my loving wife Mary Smith may live at Goose Creek during her life or widowhood and so will be ready to sign any titles that I may not sign accordingly to my printed promise (I do hereby empower her to give titles to any I have promised to them their heirs and successors for ever as to the remainder of my Winyah Barony that extends to the northward and southward of the said town.

Item I give and bequeath unto my sons Henry Smith, Thomas Smith, George Smith and Benjamin one thousand acres each which is to be run out in proportion to the north and south side of the Barony and then my son Henry to have his first choice, Thomas next, then George and Benjamin and seeing they are much under age, I do order and appoint my loving wife Mary Smith during her life and widowhood to take care and bring up my minor children as a parent and guardian in the Fear of God and to choose out this land for them according to my order. Now what is still more remaining of my Barony land I do empower my loving wife Mary Smith to sell to any purchaser that will but it and give him or them that shall purchase the same a title to them and their heirs for ever, but in case she cannot sell it to rent or lease it out for what term of years she pleaseth. And whereas I have titles to one thousand and four acres of swamp land which lies between Peedee & Waccamaw Rivers it is my will and I do give it to be equally divided between my four sons above named and my wife Mary Smith by Lott which I give to them and their heirs for ever.

Whereas I have an eleven hundred acres of land on Lawrence Island joining on Peedee & Waccamaw River & two thousand acres of land fronting Black River joining Mr. Commanders with a platt of forty -five acres of oak and hickory land all which I give to be equally divided between my son in law Benjamin Waring, my son in law James Scriven and to my daughter Elizabeth Smith to them and their heirs for ever.

And whereas there is one hundred forty eight acres left of my Goose Creek Plantation with fourty six acres of the westermost part of my second great marsh which I give unto my son Benjamin Smith and his heirs for ever. And whereas I have empowered my loving wife Mary Smith during her life or widowhood to sell and rent the lands according to the platt of the Town except such lotts as I have given away in my printed advertisement and do ratify and confirm what my wife may do in the premises which I confirm to such persons that she shall agree with to them and their heirs for ever and the neat produce of all money as she may receive I give unto my wife Mary Smith and all my children each of them a like part except one hundred pounds to the poor of the Reverand Nathan Bassetts Meeting in Charles Town to be distributed by the officers of the said meeting. Also fifty pounds to my cousin the Reverand Nathan Bassett. Also fifty pounds to my cousin the Reverand Josiah Smith. Also fifty pounds to my son in law Benjamin Waring. Also fifty pounds to my son in law James Scriven. Also fifty pounds to my cousin Archer Smith and to each of them and their children a town lott in the third Cross Street as their father shall chuise which I give to them and their heirs for ever.

Item Tis my will and I do give and bequeath unto my loving wife Mary Smith my silver powder box, tea pot, tea table and what belongs to it, also what bed and curtains she will choose with sheets pillows and pillowcase each two pair with the best chest of drawers quilt and blankets.

I also give and bequeath unto my loving wife Mary Smith, Cooper Andrew and his wife Moll and their three youngest children together with the sixth part of my cattle horses hogs sheep that is now in the plantation or shall be at my death also one sixth part of any of the household goods plate only excepted.

Item I give and bequeath unto my daughter Ann Waring a large silver salver and to my daughter Justine Moore two silver spoons.

Item I give and bequeath unto my daughter Mary Scriven and my daughter Elizabeth Smith three hundred pounds each out of money that may become due out of the half way house land.

Item I give and bequeath unto my son Henry Smith, Thomas Smith, Mary Scriven and Elizabeth , George and Benjamin my whole personal estate except Mary which I give my loving wife Mary Smith during her life after which to descend to my son Henry Smith and two cows and calves to Sue, Mary's daughter to be delivered to Mary the mother of Sue to buy cloaths and necessaries for her and the said Sue to be free for her self after serving my wife Mary Smith to the age of eighteen years of age.

Item I give and bequeath unto my son Henry Smith my large silver tankard and my double barrel pistols and such a gun as he shall choose out of my guns and my silver hilted sword and two silver spoons.

Item I give and bequeath unto my son Thomas Smith my silver tankard I bought of Mr. Weakley together with a fowling piece his second choice and one silver spoon.

Item I give and bequeath unto my loving wife Mary Smith my large silver spoon or ladle during her life and after her decease to go to my eldest son Henry Smith.

Item I give and bequeath unto my daughter Elizabeth my silver candlestick and one silver spoon. It is my will that the remainder of my plate not in particular given away I desire my wife Mary Smith to see it equally divided between my two youngest sons George and Benjamin Smith. It is my will that if either of my children should dye before they marry or come of age, then each such dying before they marry or come of age, then my will is that what is given them shall devolve to my loving wife Mary Smith and the rest of my surviving children and their heirs for ever. And whereas I have appointed my loving wife Mary Smith to be guardian to my children and to live at my Goose Creek Plantation and manage it till my son Henry Smith come of age provided she lives a widow, but in case she should alter her conditions then I desire my son in law Benjamin Waring my son in law James Scriven the Rev. Nathan Bassett and Josia Smith and my cousin Archer Smith or the majority of them to take my whole estate into their custody and follow the directions given my wife Mary Smith the before mentioned five gentlemen to be Executors to follow the instructions given in this my last will and testament. Signed sealed, published and declared by the said testator Thomas Smith for and as his last will and testament in the presence of us who also saw the said testator sign his name to the bottom of each page to the fifth page this third day of May in the year of our Lord One Thousand seven hundred thirty eight.

Of THOMAS (THE MARK S) SMITH

Be it known unto all men by these presents that whereas I Thomas Smith one of the Landgraves of South Carolina have made and declared my said Last Will and Testament in writing bearing date as in the fourth page of the annexed sheets I the said Thomas Smith do by these present codicil confirm and ratify my said Last Will and Testament and whereas there may be no dispute about my loving wife Mary Smith managing my estate and living at my Goose Creek Plantation or on any of my lands not given to them that are of age I do empower her to remove my hands any where she thinks fit in order to enlarge my personal estate and if she finds that it should please God to increase it more than will maintain her self and the children with her the overplus I would have put out to interest for the use of my minor family by my said wife Mary Smith during her widowhood and whereas there may be no dispute about the dividing my personal estate I do order my beloved wife Mary Smith to give each one of my children as they marry or come of age there part of my personal estate as may be divided to them by lott and my will and meaning is that this codicil or schedule be and be adjudged to be part and parcel of my Last Will and Testament and that all things herein contained and mentioned be faithfully and truly performed and as fully and amply in every respect as if the same were so declared and set down in my Last Will and Testament in witness I have set my hand and seal the day and year within mentioned.

Of THOMAS (THE MARK S) SMITH

Signed sealed and acknowledged in the presence of us who saw the testator Thomas Smith sign his name to this and all the within sheets. Chas. Filbren, Jos. Hurst, Sarah Filbin X her mark, James Elderton

And whereas there may some disadvantage arise to my children by not impowering my loving wife Mary Smith to lease or rent or improve my lands given to my children till they come of age, by virtue of this my Last Codicil I impower my loving wife Mary Smith during her widowhood and my executors or the majority of them to rent lease or improve my lands during the minority of my children as they shall think proper and whereas I have given my Wasmasaw lands to my loving wife Mary Smith my daughter Mary Scriven my daughter Elizabeth Smith my son Henry Smith my son Thomas Smith to be divided when my son Henry Smith comes of age. Notwithstanding my Will and pleasure now is that immediately after my desire the said land be divided and alloted by my loving wife Mary Smith executors with the majority of my executors as mentioned in my will and this second codicil be adjudged as part and parcel of my Last Will and Testament to be faithfully and truly performed in every respect as if the same were so declared and set down in my Last Will and Testament in Witness I have set my hand and seal this sixth day of May in the year of our Lord one thousand seven hundred thirty and eight.

THOMAS (HIS MARK) SMITH

Sealed and Acknowledged in the presence of : Chas. Filben ,John Filben, James Elderton
Recorded 6th July 1739
Recorded in Charleston County Will book 1736-40, page 292


 


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