Updated November 25, 2022
Overview
Martha Gilliam, the daughter of Maj. Robert and Mary Gilliam married James Smith/Smyth. James left a Will dated 1808 which does not mention a wife, nor mention his children. However, the Will was witnessed by Robert Gilliam, Jr., the brother of Martha, and Abraham Dyson, Martha’s brother-in-law. Martha’s Will mentions children: Wesley, Gilliam, Patsy and Almeda. Interestingly, each of the children receive twenty-five cent, except Almeda, the youngest, who receives the bulk of her mother’s estate. It appears that there were no hard feelings between that siblings as Almeda and her husband Dr. Worthington were living with Wesley in 1850.
22 Mar 1832
Will of Martha Smith
South Carolina, Newberry District
In the name of God Amen, I Marthy Smith of Newberry District and state aforesaid being weak in body abut of sound mind and memory thanks be given unto God for the same, calling unto mind the mortality of my body and knowing that it appointed for all people once to die do make and ordain this my last will and testament, that is to say principally and first of all I recommend my soul into the hand of the Almighty God, that gave it, and my body I recommend to the earth to be decently entered at the charge of my executor nothing doubting but at the general resurrection to receive the same again by the might power of God ad as touching such worldly state wherewith that pleased God to bless me with in this life I give and devise and dispose of the same in the following manner and form.
First I desire that all my just debts and funeral charges be respectively paid
First [sic] I do give to my beloved daughter Allmeda Smith one negro girl about twenty-four or five years of age by the name of Fanny and also one negro boy by the name of Will about sixteen years of age to will and dispose of as she pleases.
Second It is my will and that my _______ go to pay my just debts and the remainder to go to my beloved daughter Almeda ____.
Third It is furthermore my will and desire that the rest of my children Westly Smith, Gilliam Smith, Patsy Williams should have at my death twenty five cents apiece.
Fourth, It is further my will and desire that my beloved daughter Almeda Smith should have the remains of my estate, that is, household and furniture to dispose of as she pleases. I do consecrate and appoint my beloved daughter Almeda Smith Executrix to this my Last Will and Testament revoking and making mull avoid all former wills and testaments.
In witness whereof I have hereunto set my hand and seal this the twenty-second day of March in the year of our Lord eighteen hundred and thirty two.
Signed, sealed and published and delivered by the Testatrix and for her last will and testament in the presence of us and the presents and in the presence of each other have hereunto subscribed our names
Sig: Martha Smith
Wit: Daniel Rudd, Joseph Rudd, P. B. Waters
Will Book 1, page 235
Approved 15 Apr 1844
Rec: 2 Oct 1845
W. Wilson, Ordinary, Newberry District
7 Feb 1807
Will of James Smyth
In the name of God Amen, I James Smyth of South Carolina, Newberry District being infirm in body but in perfect memory do make and ordain this my last Will and Testament in form following that is to say
I give and recommend my soul into the hands of almighty God who gave it and my body I recommend to the earth to be decently interred at the discretion of my executors touching such worldly goods which it hath please God to bless me with
I give and bequeath unto my wife,
I give my plantation to my wife during her natural life and then shall descend to my living children
I request that my mare Jewell and her oldest quicksilver colt be sold
I give to my wife ten head of cattle the remainder part of the cattle to be sold, the remainder part of my estate, to remain in the possession of my wife during her natural life and then shall descend to her living children
I give to James Smith, son of William Smyth on bay colt
I so make and ordain Abraham Dyson and Robert Gillam my lawful executors to this my last Will and Testament.
Sig: James [his x mark] Smyth
Wit: Amy Day, Robert Spearman, John Gates
Rec: Will Book D, page 275
Proved: 7 Feb 1807
Teste: Sam. Lindsay O N D
Box No. 56, Pkg No. 135, Est No 1386.
Sources
- Newberry District, SC, Box 106, Pkg No 279, Est No 2724
- Newberry District, SC, Box No. 56, Pkg No. 135, Est No 1386.