WILL OF ELIJAH SMOTHERMAN

I, Elijah Smotherman, do make and publish this my last will and testament hereby revoking all other wills by me at any other time made valid. 1st I direct that all my funeral expense and all my debts be paid as soon as my death as possible, out of any money I may die possessed of or may come into the hands of my executors. 2nd. I give and bequeath to my beloved wife Nancy Smotherman my home tract of land during her natural life and upon which I now reside and known as the Birdwell tract, lying in Rutherford Co., state of TN District # 10 and bounded as follows -beginning at a stake at the southwest corner of said tract and at the south end of a fence between myself and F. Jackson, thence south eighty four and one-half degrees East and one hundred sixty and three-fourths to a dogwood and ash- thence north 5 and one half degrees - seventy six poles to a stake - thence west 40 poles to a stake, thence north seventy eight poles to a stake on the original north boundary. Thence west with said line one hundred twenty seven poles to a stake at the north end of the aforesaid mentioned companionship fence thence south with said fence to the beginning to have and to hold during her natural life and at her death to be equally divided among our children, I also will and bequeath to my wife, Nancy Smotherman a sufficient amount of cedar timber to keep the above tract of land in repairs to be cut at her discretion from a tract of cedar land that I now own lying north of and adjoining the William Mills tract of land. I also give and bequeath to my beloved wife Nancy Smotherman all of my household and kitchen furniture and the crop now growing on the said tract of land just ? and the wheat and oats of the land used by my son John W. Smotherman except a sufficient amount to pay my funeral expenses and debts I may own. I also bequeath to her three head of hogs such as she may select of what is now on hand, five head of sheep, one horse mare, one mule to be selected by herself and all of the poultry on hand and one cow and calf to be selected by her and all the bee gums, what salt is on hand, what bacon is on hand, what money is on hand, all old corn on hand, also, I wish my wife to have a note I now hold on F. M. Jackson, also one note on A. West, the two amounting to forty dollars and eighty seven cents, also what leather I have on hand and at the tan yard, also what tobacco is on hand, also my wife saddle ----- to be selected by her and what cotton is on hand on the place. 3rd. I will and bequeath to my daughter Elizabeth Rowland ten dollars. 4th I will and bequeath to my daughter Sophie Lamb's heirs fifty dollars. 5th. I will and bequeath to my son John W. Smotherman the rent of the corn land that he has in cultivation this year, 1867, also my rifle gun and razor. 6th. I will and bequeath to my daughter Jane Holden, fifty dollars, also a one year old filly colt, a two year old heifer and calf. Both heifer and calf now on place. 7th. I will and bequeath that all my other property herein not mentioned that I now own or die possessed of, both real and personal be sold and the proceeds be equally divided among my lawful heirs. Lastly, I do hereby nominate and appoint B. F. Nance my Executor of this my last will and testament. In witness whereof I do this my last will and seal this the 29th day of June 1867. Signed, Elijah (X) Smotherman

Signed, sealed and published in our presence and we have subscribed our names hereto in the presence of the testator this the 29th day of June, 1867, Francis M. Jackson and Winston Hutcherson. State of Tennessee, Rutherford County Court August Term, 1867.

The foregoing last will and testament of Elijah Smotherman, Dec'd., was third day presented in open court for probate and the execution there of was duly proven by the oaths of Frances Jackson and Winston Hutcherson, witnesses thereto and was so certified and ordered to be recorded. Witness my hand and seal of office this 3rd day of August 1867, John Jones, Clerk.

Order Probating the last will and testament of Elijah Smotherman. State of Tennessee, County of Rutherford, August Term, 1867. A paper writing to be the last will and testament of Elijah Smotherman, deceased, was this day presented in open court and the execution thereof was duly proven by the oaths of Fancis Jackson and Winston Hutchinson, the subscribing witnesses, and was order to be recorded, and thereupon came into open court, B. F. Nance the Executor nominated in said will and applied for letters and the court being satisfied as to his claim and he having given bond in the sum of \$10,000.00 with Richard Ransom and Francis Jackson as his securities and he having been qualified according to law and to him letters testamentary is ordered to be issued. Minute Book E. E. page 470. No signature of Judge or clerk. Rutherford County Record book #22, page 487-489. (Thanks to Marty Mendez for providing the source information.)

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