Individual Details

Find A Grave Memorial# 36385810
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It is unknown where David died and is buried but his will and probate records are recorded in Union District, South Carolina.

The Smith family property was located at Smithford, York County, South Carolina.

David inherited a portion of his father's land as shown in his father's will: a portion is copied here-- the rest is on his father's memorial.

WILL OF HENRY SMITH 11 July 1790

In the Name of God Amen. I Henry Smith of York County State of South Carolian [sic] being weak in body & much distressed by pain... Do make this my last Will of Testament... And first I will that my beloved Wife do hold & possess all my Estate real & personal during her life or widowhood, and then to be disposed of in the following manner... To my son David I will the plantation where on I live to Hold the same in Fee Talc. And in case he dieth without heir of his body, to be sold & divided amoungst the rest of my children male & female.
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David and Barsheba Smith are found in the 1790 Federal Census of York County, Camden District, South Carolina.

#030 David Smith
1 free white male over 16 years (David Smith)
1 free white female (Bersheba Harrington)

In ten years three of their four children had been born and they are found in the 1800 Federal Census of Union District, South Carolina. The location may be due to a boundary change or they may have moved.

#240 David Smith
1 male under 10 years (James Smith)
1 male 16 to 26 years (unknown- probably a relative)
1 male 26 to 45 years (David Smith)
2 females under 10 years (Frances and Delilah Smith)
1 female 26 to 45 years (Bershaba Harrington)
2 slaves

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NOTE: When I transcribed David's probate papers, there were many words I could not read on the records. I left lines in the place of the words or partial words I could not decipher.

So that the children and spouse are more easily proven, I am placing the will at the first, rather than in it's proper place of page 8.

ESTATE OF DAVID SMITH

Index to Estates Vol P-Z 1787-1963 Roll C2502 (Greenville, South Carolina Hughes Library)

General Index to Probate Court, Union County, S. C. page 9 S

Smith, David Bersheba Smith et al Ex Box 5 Package 6 1806

[page 8 handwritten - will]

Will of David Smith

In the Name of God Amen I David Smith being weak in body but of perfect mind and memory thanks be given to God calling unto mind the mortality of my body and knowing that it is appointed for all men once to Die do make and ordain this my Last will and testament that is to say principally and first of all I give and Recommend my Soul unto the hand of Almighty God that gave it and my body I Recommend to the Earth to be buried in Decent Christian burial. And as touching Such worly [sic] Estate wherewith it has pleased god to bless and in this Life I give, Devise, and Dispose of the Same in following manner and form,

First all my Lawful Debts to be paid as touching my Landed [and ?]property to be in the hands of my Dearly beloved wife Beersheba [Spelled Barsheba in other sections of the probate] enduring [and during?] her life or widowhood whom I likewise in company with Young Jno Harrington constitute make and ordain them the Executor and Executrix of this my last will and testament.

Providing She my dearly beloved wife should marry then to retain the one third part of my land and moveable property with the use of the negro Woman Sue with her is here to be at her Disposal amongst my children.

During [crossed out] Also my Children to be Raised and Reasonable Schoold [sic] out of her thirds with the use of Negro Sam. Also give and bequeath the other two thirds of Land to be Equally Divided between my two sons James and Henry Smith when Henry is of age also to my well beloved daughters Fanny and Delilah the other two thirds of my moveable property to be equally divided between them respectively as the [sic] come of age in witness whereof I have hereunto set my hand and Seal this first day of February in the year of our Lord one thousand eight hundred and six.

Signed sealed and declared by the Sd [said] David Smith as his Last will and testament in the presence of us who in his presents [sic] and in the presence of Each other have here unto Subscribed our Names.

David Smith [seal]
His mark

Thom Cottle
Joseph Morehead
Tho Lusk
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Probate:
[Page 1 - Cover of David Smith estate probate handwritten]

Box 5 Pkg 6
Est of David Smith
Ex Nicholas Cory

[At the bottom left typed sideways]
A. G. KENNEDY
Judge of Probate
Union, S. C.

[page 2 handwritten return of Appraisement of Inventory]

Appraisement of the Estate David Smith Decd
Filed 25 May 1806

For pursuan____ to a warrant unto us directed By William Rice Esquire we have p___ceded
According to the Instructions there off and do Certify the __ within is a true return of the Personal state of David Smith Deceased Given under our hand this 12th of April 1806.
Jno Martin (seal)
John Lusk (seal)

[page 3 handwritten inventory]

In appraisement of David Smith's property
Deceased

One sorrel Mare named Figgy [?] $110
Chany [?] Mare 65
Ad__ventor 60
Lady Colt 40
Six head of small Cattle 20
Black Cow and Calf 10
Bunde (?) Cow & Calf 12
Whiteface Cow 09
One Steer 12
Ditto 12
Cow Big with Calf 12
One heifer 09
One Steer 07
One Cow old 08
Four head of Sheep 08
Twelve heads of hogs 18
One sow and piglets 05.50
Two box hinted [?] 01
Two augers and two Sod tongs 02
Two ball and brads 02
[?] Hammers and Chains & Doubletree 07.50
[?] Three ploughs & Clevises [?] 04

[page 4 handwritten inventory continued]

Hammer, wedge, sawing knife bits 01.50
2 foots [?] 2 ovens, skillet, spiders [?] 12
3 axes 04.50
Handsaw 02
3 Hoes 02
2 Barrels 0.50
2 pot hooks and fire shovel 01
1 tub 2 barrels 01.25
1 ladle pan hook 01
1 loom 5 estays [?] and harnesses 08
1 buttering tins [?] dishes [?] 4 basons [?] 6 tins 14.15
One bell 00.15
One plough 03.50
7 Chairs 02
One table 02
3 Coffy [sic] pots 1 spice mill and Canister 04
Cubbert [cupboard ?] furniture 01
Cubbert [sic] 07
Knifebox knives and forks 00.75
2 Wheels 3 pieces of corn [?] 03
1 chest 03
One tho___[?] barrell gun 06
Looking glass 10.15
1 basket and lock chain 03.50

[page 5 inventory continued]

Cotton for ________ 03
2 Saddles 12
Bed ___ [abbreviation for sheets?] bed and furniture 40
Ditto 40
Bed and furniture 42
Short bed and Covering 28
Two sheets 04
9 [?] yards of Cotton Caging 04.05
3 raw hides 06
Corn ___ Barrel 02
Bacon ___ ____ 00.43
Stack of fodder 06
Negro Sam 250
Negro Sue 300
__ Hackell [?] 01
4 pail & ________ [?] 04
One ______ [?] 01
Two ______ [?] 02
Old bri__ and Chisel [?] 01
To 4 adze [?] 01
To 4 ½ yards of Cotton baging [sic] 02
To 4 ___ and Honey pot [?] 02

[page 6 hand written Oath by William Cotten that the will of David Smith is valid]

South Carolina
Union district

Pursuant to a D____ __ ____ by Wm Rice [?] Esquire Ordinary for Union District personally appeared before me Nicholas Corry Esq. William Cotten before one Nicholas Corry Esq, who being duly sworn according [to?] law doth make Oath & say that he the said David Smith within mentioned designed [?]
Sealed published pronounced and declared the same to be & contains this last will & Testament & that he the decd David Smith was then of Sound Judgement & memory to the best of his knowledge & that he did then & there see Joseph Morehead & Thomas Lusk sign their mark as Concurring _________ with himself & in the presence of _____________ ______ ________ Sworn & Subscribed before me this 25 day of February 1806

William Cotten
Given under my hand
And Seal the day and date above

Nicholas Correy JP [Seal}

[page 7 handwritten oath by executors that they will execute the will properly]

South Carolina }
Union District }

We do solemnly swear that the within containeth the last will and testament of the within named David Smith so far [?] as [?] we [?] know & believe & that we will well & truly Execute the said by paying first the debts and then the legally [legacy ?] Contained in the said will & ____ Good & Chattel _____ thereunto ______ & the law [?] charges [?] & that we will make a true & sufficient [next word inserted above] Inventory of all such goods & chattel & [?] _______ & in our power lie so help us god
Sworn & executed before me this 25th day of Feby 1806
Bersheba X her mark Smith
Young J Harrington
The above sworn to and subscribed before me the 25th of February 1806
Nicholas Corry J. P.

[Sideways on page 7]
Last will & Testament
Of
David Smith

Probated the 25th Feby 1806
Recorded said [?]
Back page ______
Examined by
Wm Rice Ord.

The will of David Smith is actually in this spot, but has been moved nearer to the top of the memorial.

[page 9 mostly blank - cover sheet for next section. This is faint and difficult to read]

It seems to read:

Warrant of Appl
________
Estate of

David Smith

[page 10 typed form with inserted handwritten entries filling in the blanks]

South Carolina
Union District
By William Rice _____ Ordinary
Union District

These are to authorize and empower you or any three or four of you whose names are here underwritten, to attach and _____ places within this rate [?] as you shall be directed unto by Barsheba Smith executrix & Young J. Harrington executor of the goods and chattels, rights and credits of David Smith late of the said district, deceased whosesoever any of the said goods and chattels are or do remain within the said parts and places, and which shall be shewn unto you by the said Barsheba and Young, and then view and appraise all and every the said good and chattels being sai [?] duly sworn on the Holy Evangelia of Almighty God, to make a true and perfect inventory and appraisement thereof, and to cause the same to be returned under your hands, or any three or four of you, unto the said Barsheba & Young on or before the twenty fifth day of May now next ensuing.
Dated the twenty fifth day of February Anno Domini 1806 and in the thirtieth year of American Independence.

To Messrs.
Thomas Lusk, John Smith
William Cotten, John Martin

MEMORANDUM, This Twenty fifth day of February in the year of our Lord one thousand eight hundred and six personally appeared before me William McCulloch Esquire, one of the justices assigned to keep the peace in and for the county of Union-- Wm Cotten, John Lusk and John Martin being three of the appraisers appointed to appraise the goods and chattels of David Smith deceased, who being duly sworn made oath that they would make a just and true appraisement of all and singular the goods and chattels, (ready money only excepted,) of the said David Smith deceased as shall be produced by Barsheba Smith Extc & young J Harrington Executor of the estate of the said David Smith Deceased and they would return the same certified under their hands unto the said Barsheba or Young the Extx or Extr within the time prescribed by law.

Sworn and subscribed before } William Cotten
me this 27th day of February 1806 } John Lusk
Wm McCulloch JP } Jno Martin

[page 11]

The Ordinary } Dedument [?]
To } upon
Nicholas Corry } the writ [?]
The } & Qualify [?]
Of Executor of
David Smith
(fancy scroll)

[Written sideways on page]
This lots [?] Certify that I have executed the within Dedumna [?] for the Direct [?] to the Best of my Ability February the 25th 1806
Nicholas Corry

[page 12 handwritten]
South Carolina
By William Rice Esquire Ordinary for Union County

To Nicholas Corry Esq.

I reposing [reporting?] official trust and confidence in the Integrity Care and Circumspection of you the said Nicholas Corry Esq have and by these presents do give unto you the said Nicholas Corry Esq full power and authority to examine the Several Witnesses to the last Will and Testament of David Smith decd upon their several Corporal oaths to be taken on the Holy Evangelity of Almighty God touching the due Execution thereof According to the form of the statute in that Care made and provided, and also to administer the usual oath to the said Barsheba Smith & Y J Harrington [inserted] ^ Executrix & Executor and a due return of your doings herein You are to make and give under your hand and seal for my approbation or disallowance Given under my hand & Seal this 24th day of February in the year of Our Lord one Thousand Eight Hundred & Six

Wm Rice Ord [seal]
[fancy scroll]

Birth	1761	Augusta County, Virginia
Marriage	By 1790	Union County, South Carolina - Bersheba Harrington
Death	1806	Union District, South Carolina
Burial		York County, South Carolina

Spouse	Bersheba Harrington (1773 - 1841)
Child	Gen. James Smith (1792 - 1854)

Father	Henry John Smith Sr. (1729 - 1792)
Mother	Catherine Amelia Hampton (1726 - 1808)

Notes