Monday, June 27, 2011

Francis J. Smith 1805 Will - Amanuensis Monday

I am currently examining and digitizing papers belonging to my husband's great grandmother Maria Lee Palmer Smith [MLPS]. Included among them is an 1805 copy of Francis J. Smith's will, who was her husband's great-uncle. He died shortly after his will was written on 12 April 1805. This copy of the will is attached to the original letter of administration issued on the 27th of May, 1805.

Francis J Smith
Will annexed
to Letters Testamentary
Jane Elizabeth Smith
Leonard Jamison
& William Williams

Maryland ss) The State of Maryland To all persons
To whom those Presents shall come Greeting
Know Ye that the last will and Testament
of Francis J Smith of Frederick County Deceased
Hath in due form of law been Exhibited
Proved and recorded in the Office of the
Register of Wills for Frederick County a Copy
of which is to those presents Annexed and
Administration of all the Goods Chattels
and Codils of the Deceased is hereby granted and
committed unto Jane Elizabeth Smith, Leonard Jamison,
& William Williams The Executors by the said will appointed

Witness John Schley Esqr Which Justice of the Orphans
Court of Frederick County this 27th day of May ~ 1805
Test Richard Butler Regr.
Of wills Fredk County.

In The Name of God Amen I Francis
J Smith of Frederick County and State of Maryland
being Sick & weak in Body tho of sound mind and
memory thanks be to Almighty God for the same
do make and Ordain this to be my last will and
Testament in manner and form following Vizd
1st I resign my Soul into the hands of Almighty
God who gave it and my Body to the Earth to be
decently buried at the discretion of my Executors
hereafter named - 2nd I Give and bequeth
all my Estate of which I am at this time or may ~
Hereafter be Possessed both real & Personal after
paying my just Debts unto my beloved Wife Mrs.
Jane Elizabeth Smith, her heirs & assigns forever in full
confidence she will dispose of it to the best advantage
that may be in her power – as a Provision for herself
and our Dear Children – it may be proper to mention
that the real property to which I have a legal right
is in the State of Kentucky but the County or Counties
in which it lies from the fragment changes which
have taken place in the limits of the Counties
in that State is not at Present recollected
3rdly It is my desire that out of Personal
Estate my dear Wife will pay into the hands
of the Reverend Mr John Dubois as soon as she
can make it convenient without Distressing the
family the Sum of Twenty Dollars to be applied
by him as heretofore verbally directed -
4thly I hereby appoint my Dear Wife Jane
Elizabeth Smith Mr Leonard Jamison & Mr William
Williams (of St Marys County Executors of this my last
will and Testament In Testimony whereof
I do hereunto set my hand & Seal this Twelfth
day of April in the Year of our Lord one
thousand Eight Hundred & five

Signed Sealed & Acknowledge)
in the presence of -                  )       Francis J Smith {seal}
P. Thomas, Joseph Smith         )
Baker Jamison                         )

True Copy Test Richard Butler Regr.

Notes: According to family records, Smith's wife was Jane Hurd. Leonard Jamison was Smith's brother-in-law, married to his sister, Mary. He was also the grandfather of MLPS's husband and believed to have received the will and letters of administration. Joseph Smith, a witness, was Francis Smith's brother. Baker Jamison was Leonard's brother. [Updated] A Family Record name the children of Francis and Jane Hurd Smith as Leonard (unmarried), Jane (married Dr. Stone), Mary (married Raphael Neale) and Ann (unmarried).

The handwriting, though extremely legible, included what I believe is an unusually formed letter "e" that looked like an "o". I opted to transcribe it as an "e".

Source: Frederick, Maryland, Francis J. Smith Will, dated 12 April 1805 and Letters of Administration, dated 27 May 1805; Contained in the Maria Lee Palmer Smith Papers [Privately Held] Frederick, MD.

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