| Notes |
- James will did not mention a son john, but a John Smith that was over 21 in 1751 was a witness.
in james father's will, there is a reference to heirs of John Smith. there is a John Smith and Margaret Grigsby marriage in Stafford county nov 5 1726. perhaps your john was a son of this couple?
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1654-1800 Westmoreland County, Virginia Wills [Augusta B. Fothergill]; Page 110
SMITH, PETER, 10 Jan. 1738; 12 May 1741. 48 acres to my dau. Mary Fleming; son Peter land in Westmoreland; son James the land in Prince William on Bull Run where he now lives which is 325 acres; sons Thomas and William land in Prince William which is 325 acres; dau. Abigail Fleming land in Prince William; granddau. Anne Bailey land in Prince William; heirs of dau. Anne Thomas one shilling; dau. Mary Fleming one shilling; dau. Hannah Ware 1 shilling; dau. Martha McClanahan 1 feather bed; son Peter exr; heirs of son John Smith 1 shilling.
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From: Mary Leitner
Sent: Wednesday, May 16, 2007 10:28:28 PM
Subject: Will of James Smith 1710-1751
Fairfax County VA Will Book A (No. 1), Part 2, Page 480-481
In the name of God Amen, the 14th day of October, I, James Smith of the County of Fairfax, in the 1749 Colony of Virginia, being sick and weak . . . do make and ordain this my last Will and Testament . . .
ITEM. I give and leave all my land to my three sons Peter Smith, William Smith and Presley Smith . . . all the land below the branch where I now live on the back line of my young land to be one's part and all the land above this said branch to be divided across from the branch to the back line . . for two other parts, and my eldest son to have first choice.
ITEM. I give to my son Peter Smith one Negro woman named Janey . . . and in case son Peter should dye without any issue then my son William and his heirs . . . and on default of such heirs my other son and his heirs.
ITEM. I give to my son William Smith one Negro woman named Sue . . . .
ITEM. I give to my son Presley Smith one Negro girl named Beck . . . in case my two sons William and Presley Smith should dye without any lawful issue then their Negroes to go to my son Peter Smith and his heirs.
ITEM. I give to my daughter Anne Smith the sum of 25 pounds current money or a young Negro at the discretion of my executors to her and the heirs of her body lawfully begotten.
ITEM. I give to my loving wife all my money and my Tile (?) cash, for her proper use during her natural life and after her decease to be equally divided among my four children aforementioned.
Item. My will is that all the remainder of all my moveable estate be equally divided to my wife and children according to law, further I constitute and appoint my loving wife Elizabeth my executor . . .
Signed James Smith
Witnesses: Hugh Thomas, William Moon, Charles C. Morris, John Smith.
Will was probated County Court, September 24, 1751
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1749-1752 Prince William County, Virginia Deed Book M [Antient Press]: Page 222-224
THIS INDENTURE made the twenty fifth and twenty sixth day of Aprill in the year of our Lord one thousand seven hundred and fifty two Between HADEN EDWARDS of Prince William County of one part and JAMES BYRN of STAFFORD COTY, of other part Witnesseth that said HADEN EDWARDS for the sum of Forty pounds lawful! mony of Virginia doe fully discharge the said JAMES BYRN his heirs & every of them by these presents & the sum of Five shillings of Lawful mony of England doth grant unto said JAMES BYRN in his actual possession now being by virtue of a Bargain and Sale for one year & by the force of the statute for transferring uses into possession and unto his heirs & assigns a parcel of land in Prince William County being two hundred acres of land & is bounded begining at a Hiccory by a Branch dividing this land from JOHN SMITHs thence South West to a red Oak by a Branch thence South West to a white Oak & Hickory by a ROAD, thence South East to the begining including Two hundred acres of land the aforesd land being now in the occupation of the said HADEN EDWARDS and all and singular the houses and all appurtenances belonging To Have and To Hold unto the said JAMES BYRN & his heirs forever, In Witness whereof the parties have set their hands and seals
in presents of JOSUH CARTER, HADEN EDWARDS
CORNELIUS LATHAM, JOHN JOHNSON PENELLAPA EDWARDS
At a Court held for the County of Prince William the 27 day of April 1752
HADEN EDWARDS acknowledged this Release & Receipt to be his acts and deeds which are admitted to record and PENELOPE the Wife of the said HADEN being first privately examined relinquished her right of dower to the land & premises conveyed
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Early Colonial Settlers of Southern Maryland and Virginia's Northern Neck Counties
Abt 1731 - 1822 (~ 91 years)