Volume J No. 747 pages 8-14
In the name of God, Amen. I Birt H. Smith knowing the uncertainty of life and the certainty of Death, do make and constitute this my last will and testament.
1st It is my will and desire after my decease that my body shall be decently interred.
2nd that all my Just debts funeral and expences [sic] of last sickness shall be first paid out of my means available, that I may leave at my death.
3rd I will and bequeath all my real and personal estate to the following named persons to wit.
WJ Smith [William Jasper Smith], Newton Smith [Isaac Newton Smith], the heirs at law of Joseph Smith deceased and the heirs at law of Francis Timmons to wit.
Barsheba Ann Timmons & Hannah An[n] Timmons being the only heirs I intend to provide for of said Francis Timmons. Also Elizabeth Morehead, daughter of Bersheba Morehead. Also the heirs of Francis M. Smith by him begotten.
Listed in Probate of Birt Smith, her uncle. Rusk County, Texas,LDS Family History Library film # 1020932, Rusk County Court probate records Volume J No. 747 pages 8-14