Context Note: His other son, John, had died in 1812.
Lich[field] 11o martii 1815
T[estamentum] Ja[cobus] Smart
p[ar]o[chia]e Shenstone
2: Ex: R: Inf 2,000£
This is the last will and testament of me, James Smart, of Lynn in the parish of Shenstone in the county of Stafford, farmer
First, I will and direct that all my just debts, funeral and testamentary expenses to be fully paid and satisfied, and after payment thereof I give, devise and bequeath unto my dear wife, Jane Smart, all those my two closes, pieces or parcels of land called the Ash Pions and Wottages Piece situate, lying and being in the parish of Shenstone aforesaid, and all other my real estate whatsoever and wheresoever – and all that lease or unexpired term of years yet to come of and in the farm wherein he now dwells, and also all his household goods, furniture, plate, linen and all his farming stock, implements of husbandry and all his crops of corn in and upon his said farm, and all other my personal estate and effects for and during the term of her natural life – and from and after her decease, I give, devise and bequeath the same in the following manner and proportions as hereafter mentioned, vizt.
I give, devise and bequeath all that my said piece or parcel of land called The Wottages situate in the parish of Shenstone aforesaid, unto my eldest son, George Smart, his heirs and assigns for ever
And I give, devise and bequeath all that my other piece or parcel of land called the Ash Pions situate in the parish of Shenstone, unto my three children, James Smart, William Smart and Mary Slater (the wife of Joseph Slater of the city of Lichfield, victualler) equally to be divided between them, share and share alike
And I give and bequeath unto my granddaughter, Jane Slater, daughter of my said daughter, Mary Slater, the sum of fifty pounds to be paid to her within twelve months next after my said wife’s decease
And from and immediately after my said wife’s decease I give, devise and bequeath all my said household goods, plate, linen and furniture, and all my farming stock, implements of husbandry and all my crops of corn in and upon my said farm, and all other my personal estate and effects whatsoever and wheresoever, to be equally divided between my said four children, George Smart, James Smart, William Smart and Mary Slater, share and share alike
And my will and mind is, in case my sons George Smart and William Smart shall continue to reside (after my decease) with their mother I give and bequeath unto them the sum of five pounds yearly for pocket money, but not otherwise
And I direct that neither of my said sons, George Smart or William Smart, shall be allowed to turn any sheep, horse or cattle of any kind in or upon any of the lands which my said wife shall occupy, unless the same be with the consent of their mother
And further my mind and will is that in case any dispute or disputes shall arise in dividing, selling or sharing of my property between any of my aforesaid children, and that such child or children commences any suit or suits at law, the child or children so doing shall have no more than five pounds only for his or their share or shares
And lastly I do nominate, constitute and appoint my two friends, William Micklewright of Lynn aforesaid, farmer, John Yerl of Hammerwich in the said county of Stafford, farmer, and my said son Willaim Smart joint executors of this my last will and testament
And I direct that my said executors shall be allowed all reasonable expenses for their trouble in or about the execution of this my will and shall not be answerable or accountable the one of them for the other of them, but for him and themselves only
In witness whereof I the said testator James Smart have hereunto set my hand and seal this nineteenth day of August in the year of our Lord one thousand eight hundred and fourteen
X
The mark and seal of James Smart the testator
Signed, sealed, published and declared by the said testator James Smart as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto
John Hodgkins
Susanna Micklewright
Richd. Walthew
At Lichfield
11th March 1815
Let a probate of this will be made to William Micklewright of Lynn, farmer, and William Smart of Lynn, farmer, two of the executors – reserving a power for John Yerl of Hammerwich, farmer, the other executor, to prove in like manner
Testator died 3rd October 1814
The said William Micklewright and James Smart being first duly sworn that also the personal estate will not amount in value to the sum of 2,000£
Before me
Cha. Buckeridge Surr[ogate]
Probate ex[ecu]t[e]d at Lichfield 11th March 1815
(Diocese of Lichfield and Coventry Wills, probate 11th March 1815)
Our Family 2 