William Smith's will

Archive

-

St. Mary's County Historical Society, Leonardtown, MD

Name/Title

William Smith's will

Entry/Object ID

2010.003.0137

Scope and Content

1 roll Mrs. Raley photocopied the will from the records of E. J. Millard, Register of Wills for Saint Mary's County. She pasted the pages together to form a long roll which has been rolled up for years. William Smith made his short will on December 16, 1828. He gave his son William Leigh 5 negroes, whom he named. He left 7 named negroes to his son John Sylvester, plus all the plate and the kitchen furniture with a few exceptions plus all his crops and animals together with all farm equipment and any money and notes. To his daughter Ann Maria Clarke he left 6 named negroes, 2 beds, other furniture, and a gig. Anything left after funeral expenses and debt settlement was to be equally divided between these three. Jenifer Taylor and James Richardson witnessed the will. On February 10, 1829, John Sylvester Smith brought a will to Orphans' Court purporting to be that of William Smith. However, William L. Smith, through his attorney, H.G.S. Key, challenged the will, saying that William Smith, because of long disease and mental incapacity, was not capable of making a will in December. John S. Smith, through his attorney, G.N. Causin, denied any undue pressure on the deceased. When Jenifer Taylor was deposed, he mentioned an earlier will made in January 1827. Taylor believed Smith was of sound mind on each occasion. The inheritance of the daughter varied quite a bit between the wills. At the testator's insistence, all three legatees were present when the December will was made. There was a suggestion that Elwiley Smith took money from his brother William. William Smith was a drinker and had been blind since 1825, but he was not drinking when he made his will. It was suggested that William Leigh had received many things from his father, but John had not. William Leigh managed the family affairs until he married, after which John managed everything. Elwiley Smith was also deposed, telling a long story about a trip to Baltimore with his brother William and asserted that his brother was too much of a drunk to make a will. Then there was a long discussion of financial affairs and lawsuits. Elwiley was of the opinion that Mrs. Smith did more managing of the family affairs than John, "she was a very managing woman." After all of this, William Leigh Smith sent a letter to the court agreeing to have his brother John be executor of the December will and to proceed with the administration of the estate.

Collection

Barbara Raley Research Collection

Archive Details

Primary Language

English

Archive Items Details

Date(s) of Creation

1828 - 1829

Location

Shelf

Rack 12, Shelf 2

Rack

Rack 12

Wall

East wall

Room

Archives 1

Building

Tudor Hall

Relationships

Related Person or Organization

Person or Organization

Carberry, Joseph

Person or Organization

Causin, Gerard N.

Person or Organization

Clarke, Ann Maria

Person or Organization

Crane, Robert

Person or Organization

Hebb, Thomas

Person or Organization

Millard, Enoch J.

Person or Organization

Richardson, James

Person or Organization

Slave, Abram15

Person or Organization

Slave, Biba Anner

Person or Organization

Slave, Bill13

Person or Organization

Slave, Caroline7

Person or Organization

Slave, Elizabeth2

Person or Organization

Slave, Harry28

Person or Organization

Slave, Henny24

Person or Organization

Slave, Henrietta3

Person or Organization

Slave, James9

Person or Organization

Slave, Jane24

Person or Organization

Slave, John29

Person or Organization

Slave, Joseph4

Person or Organization

Slave, Lettia

Person or Organization

Slave, Lorida

Person or Organization

Slave, Lucy3

Person or Organization

Slave, Mary33

Person or Organization

Slave, Michael3

Person or Organization

Slave, Sarah Ann

Person or Organization

Smith, Ann Maria

Person or Organization

Smith, Elwiley

Person or Organization

Smith, John Sylvester

Person or Organization

Smith, William

Person or Organization

Smith, William L.

Person or Organization

Stone, Joseph2

Person or Organization

Taylor, Jenifer2

Person or Organization

Thomas, George