Will of
Mary Jane SMITH, 1869

Contributed by Toni Allen, 26 March 2001

Last 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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