Margaret Smoot’s Will  |
       In the name of God Amen, I Margaret Smoot, administratrix and legal representative of John Smoot dec^d being weak in body but firm in mind do make this my last will and testament. Witnesseth that after all my just debts are paid, I will to the Court of Fauquier County and the State of Virginia my two old slaves to be free and for said court to approve some person to be guardians for them and to see to supporting them out of the proceeds of my estate after my debts are paid. And my man Jack I desire to set free and I will him to Walter McCoy of Fauquier County Va to stand as master and guardian for said Jack and hire him out for wages or to keep him himself and to pay him for his labor and out of his wages the said McCoy is to keep a fee for his services as guardian for him the said Jack. And if the said Jack can’t remain free in this Commonwealth the said McCoy or the Court of Fauquier County is to pursue the course the legislature has adopted for the emancipation of slaves by hiring said Jack out until he accumulates a sum sufficient to emigrate him to some of the colonies. And I will my two men George and Jack one of my beds to be divided between said George and Jack, and the surviving one to have both halves of the bed. And after those items are complied with, if there is any of my estate remaining, I will unto Alexander S. Murphy seventy five dollars and my sorrel mare and her two colts that I claim I have in possession of Elias Murphy, I give unto Alexr S. Murphy to have and to hold the same and I appoint Thomas Wigfield my administrator. As witness my hand and seal this 7^th day of June in the year of Our Lord one thousand eight hundred and forty two.
Signed and sealed in the presence of
Zephaniah Heaton
Hezekiah Corley
Sarah Ann Hudnall

At a court held for Fauquier County on the 26^th day of October 1842 this will was proved in open court by the oaths of Zephaniah Heaton and Hezekiah Corley two of the persons being witnesses thereto and ordered to be recorded. And at a court held for said county on the 26^th December 1842, James M. Barbee qualified as administrator with the will annexed. Thomas Wigfield the executor therein named having refused in open court to take upon himself the bother of the execution thereof.


Notes:

       The inventory and appraisal of Margaret Smoot’s estate was reported in court January 17, 1843 and recorded in Will Book 19, page 15-16. It included miscellaneous household items, a wagon, horses and cows, 30½ barrels of corn, three stacks of wheat, two stacks of oats, and three Negroes, Jack valued at $300 and George and Eve of no value. The only real estate included in the inventory was 100 acres of leased land, called the Heaton lot, on which her house stood, valued at $75.
       Margaret Smoot’s property was sold on January 17, 1843. The list of buyers was recorded in Will Book 19, pages 230-232 on August 26, 1845. There were no Smoot’s among the purchasers. Mary Barbee hired the Negro man Jack for the year 1843 for $40, and John S. Rice paid $68.25 for the leased land.
       At the August 1846 court, it was ordered that John Marr, one of the Master Commissioners of the court, state and adjust the account of James Barbee, Administrator of the estate of Margaret Smoot dec^d (Will Book 20, page 243, reported February 22, 1847). Two of the expenses on the account for 1845 were $5 for a house and lot for George and Eve, and $3.75 for 12 yards of cotton and 3¾ bushels of corn for them. Margaret Smoot’s estate was owed $183.98½, including Jack’s wages for 1844-1846. Marr concluded his report by saying “it may become necessary to separate his [Jack’s accounting] lines from the estate of Margaret Smoot dec^d according to the provisions of the will.”