Person:David Smith (192)

Will Transcript

Will of David Smith

In the name of God Amen. I David Smith of Botetourt County, Virginia, being weak in body, but of sound and disposing mind, do ordain this to be my last Will and Testament, revoking all others made or designed by me.

My Land I give to my son Telemacus, also my negro woman Becky, my girl Eliza, and Mary.

I give to my wife Eleanor, Lucy and Mary.

To my daughter Helannar, I bequeath Fanny, and Ann, and three of Fanny's boys; George, Preston, and Sam.

My boy James, I give to my son Telemacus.

My boy John, I wish sold and the money arising therefrom approiated to the discharge of my debts.

To James Davidson and Sally his sister, children of Betsy Ann Davidson (and said to be mine) I will and bequeath to each of them Thirty Dollars to be made out of the sales arising from my stock. To wit: a bay mare, cattle, hogs, and sheep. The sum of thirty dollars to be made in the same way as that willed to James and Sally Davidson.

I also will and bequeath to Betsy Ann Davidson the remaining part of my stock of every kind after the above sums of money are made.

I will and bequeath to my wife Eleanor and her two children Telemacus and Helannar all my household and kitchen furniture.

I will and bequeath to my wife and two children Telemacus and Helannar my waggon, farming utensils, and the crop now growing.

I will and bequeath to my wife and two children Telemacus and Helannar, untill my son Telemacus becomes of lawful age, I will my land to be rented and the proceeds arising therefrom to be applied to the education and support of him, while my wife continues single.

I wish my son to remain with her and until he is of lawful age, provided he be well treated, if not it is my wish that a suitable guardian be selected with whom I wish him to continue.

I lastly constitute and appoint Capt. David Rowland of Pattonsburg to be my Executor of this my last Will and Testament.

(Signed) David Smith

Witnessed by:

Wm. H. Mitchell

John Vandine

At Botetourt November Court 1826

This Instrument of writing purporting to be the last Will and Testament of David Smith, Dec'd., was exhibited in Court and proven by the oaths of Wm. H. Mitchell and John Vandine, subscribing witnesses thereto and ordered to be recorded.

Teste: H. W. Bowyer, D. C.

[Source: Botetourt County, VA Will Book D, p. 331].

1783- 5 Jul 60 Acres- Land Grant Botetourt- on North side of James River, adjoining John Buchanan, corner of Aaron smiths's 124 A tract. Library of VA, land Grants Online, Book 57, pp. 46-47. Delivered to Jno. Beale 6 June 1808

1813- 1 Sept Land Grant of 270 A on James River, surveyed 1 Sep 1813, grant issued 20 Apr 1813. Adjoining John Beale, heirs of Samuel woods, dec'd, adjoining David Smith's 68 A tract, Aaron Smith's 124 A tract. Recorded 25 Oct 1814 Library of VA Land Grants book No. 64, pp. 298-299. Delivered 25 may 1815 to James McColgan bearer of receipt for Survey.[son Telemacus sold this land in 1905 to his son Henry O. Smith and John Bear].

1. ↑ ^1.0 1.1 .

   http://www.smithsworldwide.org/tng/getperson.php?personID=I49454&tree=tree1

2.   Grose, S. Botetourt County Virginia Heritage
   pg. 217.

   DAVID SMITH JR.
   
   David Smith, Jr., likely born in the 1760's, died 1826. He married Eleanor born c1800, in South Carolina died 1860-1864. His parents were David Smith Sr. (d. 1782) and Hannah. He (DB 16 pg. 283) and his two brothers Aaron and Jonathan Smith (DB 17 pg. 287; DB 19 pg. 445) inheirited land from their father.
   
   On September 1, 1813, David Smith, Jr. received by grant 270 acres of land on the north side of the James River in Botetourt County. This tract may have adjoined lands which he probably inheirited from his father David Smith, Sr., who owned over 900 acres along the James River. David Jr. resided for many years a bachelor on his farm. In the early 1820's he married Eleanor. David was getting on in years and did not live long after his marriage, having only two children by his wife. However, he had previously sown some wild oats, and he fathered two children by Betsy Ann Davidson. These two children were remembered in his will, as was their mother.
   
   David apparently lived well, owning a number of slaves to help about the plantation. He evidentely doted to his young son, Telemacus. In his will, he stated that Telemacus should live with his mother, unless he was not well treated. His daughter, Helennar was not given the same conditions. Telemacus was to inheirit all of his father's lands, some slaves, and personal property. Helennar inheirited slaves, personal property, but no real estate.
   
   After David's (Jr.) death, Eleanor was a widow for two years, then on November 5, 1828, she married Preston Dudley. They moved to Rockbridge County as the estate of David's was being rented out. Preston was a carpenter. By 1860, they moved back to Botetourt County. It is likely Eleanor died shortly thereafter in Botetourt County, because Preston Dudley remarried Emma Beard in Rockbridge County in 1864.
   
   There is a legend of Indian ancestry in both the Smith and Dudley families. Cornelius Smith, a grandson, was described as having coal black straight hair, a black mustache and dark complexion.
   
   David Smith was the father of four children, the first two by Betsy Ann Davidson and the last two by Eleanor. Eleanor was the mother of six children, two by David Smith and four by Preston Dudley. Their children were as follows: James Davidson, Sally Davidson, Telemacus David Smith born 4 April 1825, died 25 September 1911, married Jane Smith. Helen M. Smith born around 1823 married Andrew Mackey; Elizabeth A. Dudley, born c 1829 married William L. Worly; James Dudley married Elizabeth McCord; John H. Dudley born c. 1832 married Sarah Ann Smith; Hiram Preston Dudley born c. 1835 married Hannah Smith.

3.   Eleanor's surname is unproven. This researcher has never seen any reference to indicate it was Dempsey. Some credit her as daughter of Spencer Casey who was in Botetourt County at the correct time period and later moved to Lexington, Rockbridge County, Va. More research needs to be done before her surname can be concluded.
   
   :One must wonder if perhaps David met Eleanor on a visit to his cousins. His Uncle Henry Smith lived and died in York County, SC.
   
   :Absolom Dempsey was a minister in Botetourt and was bondsman when Eleanor was married to Preston Dudley. She was widow of David Smith and may or may not have had relatives in the area at the time of her second marriage.