Hardy Smith Will
07 Sep 1848
Will Book C, pp 395-396
Donated by Jared Treadway
Trigg Co., Kentucky
In the name of God, Amen, I Hardy Smith of Trigg County Kentucky, being of sound mind and memory but knowing all men were born to die, have thought prope_ to make this my last will and testament as follows to wit:
1st It is my will and desire that I shall be buried in a desent and Christian like manner.
Secondly it is my desire that all my my just debts be paid.
Thirdly It is my further will and desire that my deseased son John Smith legal heirs have all my tract of land containing forty acres more or less, being the Smith end of Eighty acre tract purchased in the names of Hardy Smith and James Smith, the West half of the South West quarter of section twenty three in Township one North of the base line of Range one West of the third principal meridian in the district of land sold in Vandalia Illinois at my death to then and their heirs forever for their full portion of my estate both real and personal.
Fourthly Its my further will and desire that my son Firman E. Smith have my Rifle Gun with double trigers at my death, also one feather Bed when he arrives at eighteen years of age.
Sixthly? is my further will and desire that the following property be sold at my death, one eighty acre tract of land in Clinton County Illinois. Also one forty acre tract of land lying Washington County Illinois. Also two sets of wagon wheals, and set of wagon tire. Also one large bird rifle gun and the prosead of sail to be eaqually divided amongst my heirs, herein after named to wit: James Smith, William R. Smith, Isaac G. Smith, Hardy W. Smith, Irving W. Smith, and Firman E. Smith at my death.
Seventhly It is my further will and desire that all my cash in hand be eaqually divided among my heirs herein after named after paying Firman E. Smithe the before mentioned bequest of Thirty dollars and my bloved wife Elanor Smith one third of the of all the money on hand at my death, then the balance to be eaqually divided between my sons James Smith, William R. Smith, Isaac G. Smith, Hardy W. Smith, Irving W. Smith, and Firman E. Smith.
Eighthly Its my further will and desire that all the balance of my property both real and personal not before mentioned to remain in the hands of my wife Elanor to use in any way she thinks proper during her nattural life time and at her death all that remains to be sold and equally divided between my sons James Smith, William R. Smith, Isaac G. Smith, Hardy W. Smith, Irving W. Smith, and Firman E. Smith. It is hereby my desire.
I hereby appoint my sone Harry W. Smith my executor with full power to sell and convey all my land in Illinois as before devised either publick or privately and conve_ the title to the sam_ which shall be as valid as if I had conveyed the same and he is furthe_ empowered to receiv_ good property the payment of the same, I do hereby before my mentione_ executors to this my last will and testament, revoking all former wills. In testimony whereof I have set my hand and seal this 7 day of September 1848.
Hardy (his “x”mark) Smith {Seal}
Albert Blake Baker
George Creekmerr
John (his”x” mark} Arrling
Commonwealth of Kentucky
Trigg County Sct.
I, James E. Thompson Clerk of the County Court for the County aforesaid, do certify that the foregoing last will and testament of Hardy Smith decd was on this day pronounce in our said Court and proven according to Law by the oath of Blake Baker on of the subscribing witnesses hereto, and the same was ordered to be recorded. Whereupon the same together with the foregoing certificate hath been duly admitted to receive in my office.
Given under my hand this 8th day January 1849.
J. E. Thompson