In The Name of God Amen I Henry Smith of the County of Kent upon Delaware being in Good Health and of sound and disposing mind and memory Thanks be to God Do make and Ordain this my Last Will and Testament in Manner and Form following.

Imprimis I Give and Bequeath to my Son David Smith one English shilling and no more in full Satisfaction of all his right claim or Share that he may or can have to any part of my Estate either real or personal in Consideration that I heretofore have advanced and given him as much of my Estate as I intend he should have, or as I think from his Conduct towards me which has been most undutifull. I think he deserves and do hereby utterly exclude and Bar my said Son from sharing or enjoying any more of my Estate than the legacy above bequeathed him forever.

Item. I Give and Bequeath to my beloved Wife Mary Ann Smith my best Bed and all the Furniture thereunto belonging and my Negro Woman called Jane and all my Smith’s Tools of what nature or kind soever and the Appurtenances thereunto belonging to have and to hold to her & her Heirs and Assigns for Ever.

Item. I Give and Bequeath to my beloved Daughter Rachel Smith my three Young Negroes called Moses Sue and Kate, and my other Bed and all the Furniture thereunto belonging and one good Cow and Calf and also Four head of Sheep, to hold to my sd. Daughter and her Heirs for Ever.

Item. I will and Order that my Executrix hereafter named shall (as soon as my said Daughter shall attain the Age of Fourteen) provide or purchase for my Daughter one young Mare about three or Four Years of Age at the Value of about Twelve Pounds current Money and also one new Womans Saddle and Bridle, for the Use of my said Daughter Rachel her heirs and Assigns for Ever.

Item I Give and Devise to my said Daughter Rachel Smith The Tract of Land and plantation whereon I now live situate in Murderkill hundred in Kent County aforesd. to have and to hold to my Sd Daughter and her heirs for Ever but in Case my said Daughter should die without Issue in the life of my Wife Mary Ann Smith, then in such Case I give and Devise my said Tract of Land and Plantation to my said Wife and her Heirs for Ever.

Item. I Give and Bequeath all the rest Residue and Remainder  of my Personal Estate after the Payment of all my just Debts Funeral Charges and the above Legacies, to my said Wife and Daughter to be equally divided between them their & each of their Heirs and Assigns for Ever Share and Share alike.

Item. My Will and Meaning is and I do hereby order and direct That my Wife Mary Ann Smith shall have the true Custody & Possession of all that part of my personal Estate which I have herein bequeathed to my Daughter Rachel until she shall attain the age of Sixteen Years or the Day of her Marriage which shall first happen and in Consideration thereof shall maintain Educate and bring up my said Daughter until the sd Time and give her such Schooling and learning as is suitable to her Degree and Estate, And in Case my said Daughter should die before she attains the Age of Sixteen Years or the Day of her Marriage, then and in such Case I Give and devise to my Wife and her heirs forever all that Part of my sd Personal Estate hereby Devised to my said Daughter

Item. I Do hereby order that immediately after my decease my Executrix shall discharge and set at Liberty my Negro Man Jack and I do hereby manumit and set free the said Negro for Ever.

Lastly. I appoint my Loving Wife Mary Ann Smith my sole Executrix of this my Will hereby revoking annulling and declaring to be void all other Testaments & Last Wills by me heretofore made In Witness whereof I have Hereunto set my hand and affixed my seal this Nineteenth Day of April in the Year of our Lord One Thousand seven hundred and Fifty Four. Henry Smith his mark

Signed Sealed delivered & publish’d by the Testator as his Testament & Last Will in the presence of us Patrick Cumings Daniel Cumings Mary Cumings

Be it Remembered that on the 25 day of January seventeen hundred and fifty five came personally before me Patrick Cumings Daniel Cumings and Mary Cumings the three Subscribing Evidences to the within Instrument or Will and being Sworn on the Holy Evangels of Almighty God did declare that they saw Henry Smith the Testator sign and Seal and also saw and heard him pronounce Declare & publish the within said Written Instrument as his last will and Testament and that at the time of Doing thereof the sd Henry Smith was to the best of their Knowledge of a sound Disposing mind and memory and like wise the sd. Patrick Cuming Daniel Cuming & Mary Cuming Declareth that they sign’d or Witnessed in the Testators presence and at his request In Testimony where of I have hereunto set my hand the day and Year above written. John Vining Regr.

“Kent, Delaware, United States records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSRM-49GD-7?view=fullText : Mar 23, 2025), image 231 of 860; Delaware Public Archives (Dover). 104426533

Transcribed 23 Mar 2025 by Nancy Maliwesky