Smith, James M.

ALOB, Vol. XI #7, pp. 90-64 & 90-96:
“p. 234..  25 June 1864..  I, James M. Smith, of Buncombe County, N.C. being weak and feeble in body but of sound & disposing mind and memory.  First I will that my body be decently intered and my funeral expense and all my just debts paid..  I desire that my son Joseph Henry Smith shall have two thirds of all my property both real and personal or mixed and the other to be equally divided between my four other children viz:  Margaret Leah, Martha Harriett & William Alexander and Samuel Lafayett.  The child of Martha Craigs who claims to be my wife – my desire is that it shall have no part of property whatever..  I desire that all my perishable property be sold by my executor at public sale for cash or credit within twelve months after the present war then to be sold as above.
I appoint John E. Patton & Joshua Roberts as executors.
Wit:  W.W. McDowell & John Burgin..
Signed James M. Smith..
Probate Sept. Term 1864.”
“I will and desire that all my perishable property be sold by my executors at public auction either for cash or on credit at the discretion of my executors after legal advisement as soon after my decease as is practicable and my property be rented out by my executors for twelve months after the expiration of the war, then to be sold or as above directed, and proceeds be divided as directed in the first and second.
I hereby appoint my son John E. Patton and my friend Iashmael ” Roberts executors of this my last will and testament, witness unto which I hereunto set my hand and seal this 25th day of June AD 1864.
James M. Smith, his mark.  Seal.
Witnesses:  W.W. McDowell, Jurat, and John Burgin, Jurat.”

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