Mary Jane SMITH, 1869
Contributed by Toni Allen, 26 March 2001Last Will and Testament of Mary Jane Smith, daughter of Rev. Willilam R. Smith and Elizabeth McLeod Smith. Found 2/7/2001: Heritage Quest microfilm V344-31 the following recorded will. Page 466: The State of South Carolina I, Mary Jane Smith of the County of Marlborough in the Said State, do hereby make, ordain, declare and publish this for my last will and Testament in manner and form following: First: After the payment of my debts, I give, bequeath and devise to my sister Catherine Ellen Smith, all my property, consisting of my undivided interest in the real Estate and personalty of my late father William R Smith Second and Lastly: I do hereby nominate constitute and appoint my brother John Wesley Smith, Executor of this my last will and Testament. In witness whereof, I the Said Mary Jane Smith, the Testatrix, have hereunto Set my hand and Seal, the Twelfth day of February in the year of our Lord one thousand eight-hundred and sixty nine. Mary J. Smith (( S L )) Signed Sealed and declared by the Said Mary Jane Smith the Testatrix, as her last will and Testament, in the presence of us, whol in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses D. McLeod Z. A. Drake Z. N. Drake Last Will and Testament of Mary Jane Smith Page 2 The State of South Carolina Marlborough County Present: Honorable Jerimiah Grant Probate for the county of Marlborough State aforesaid Personally appeared James A. Drake, subscribing witness to the annerced (sic) instrument of writing, purporting to be the last will and testament of Mary Jane Smith late of the County and State aforesaid deceased, who being duly sworn, deponent and saith that he was present, and did see the Said instrument of writing duly executed by the said Mary Jane Smith. And deponent further saith: that the said Mary Jane Smith, at the time of executing the Said instrument of writing was to the best of deponentís knowledge and belief of sound and disposing mind, memory and understanding and that he the said James Drake (the deponent) and Daniel McLeod and John A. Drake in the presence of each other, and of the said Mary Jane Smith, and at her request signed their names as witnesses to the due execution of the Same. Sworn and subscribed before me the fifteenth day of May in the year J. A. Drake of our Lord One thousand Eight hundred and sixty nine. Jerimiah Grant Judge of Probate I do solemnly swear that this writing contains the true last will of the written named Mary Jane Smith deceased, so far as I know or be lien, and that I will will and truly execute the samly paying first the debts and then the Legacies contained in Said will as far as her goods and chattels will thereunto extend and the law charge me and that I will make a true and purfect (sic) In writing of all such goods and chattels. So Help me God: Sworn and subscribed before me, This fifteenth day of May 1869 P. McColl Clerk Probate Court J. Wesley Smith NOTE: Witnesses D. McLeod would have been Daniel McLeod (1822-1904), Uncle to Mary Jane and J. Wesley Smith, , Z. A. Drake (1815-1886) and, Z. N. Drake (?-?)
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