This indenture made this 20^th day of February 1850 between Thomas Smoot, Ann his wife, Samuel Smoot & Catherine his wife & Soloman Smoot of Fairfield County in the State of Ohio, Francis S. White and Abigail his wife of the County of Hillsdale in the State of Michigan, the said Samuel Smoot, Soloman Smoot & Abigail White being children of the said Thomas Smoot & Ann his wife of the one part, and John Carnell of the County of Hampshire and State of Virginia of the other part. Whereas Josiah Smoot the father of the said Thomas Smoot by his last will and testament made the following provision, viz: “I give and bequeath to my beloved wife Jane the plantation on which I now live, to hold and enjoy for the term of her natural life, the woodland which I purchased of Abraham Rodrick lying on Middle Ridge. I further give and bequeath to my said wife for the term of her natural life Negro boy Edmund and Negro girl Artha. I further give to my said wife for the term of her natural life two beds and bedding, to be chosen by her out of those of which I may die possessed, one desk to be chosen of those of which I may die possessed, and also the cupboard which is in the house, also the clock and the chairs which may be in the house at my decease. The rest and residue of my personal estate not herein specifically given to my wife I wish to be sold after my death and after paying my just debts, and the sum in cash above given to my wife, I wish equally divided between my two sons Samuel and Thomas. And I further will that after the death of my said wife that the property herein given to her for her natural life is to be sold and the proceeds equally divided between my said sons if living, and if dead, or if either be them be dead, between their heirs, or if but one be living at the death of said wife, then between the survivor and the heirs of the other in two equal parts.” And whereas the parties of the first part have sold the one undivided moiety of half part of the real, personal and mixed estate willed to his said wife Jane by said Josiah Smoot dec’d for the term of her natural life to John Carnell party of the second part for the sum of one thousand dollars. Now therefore this indenture, witnesseth that the said parties of the first part for in consideration of the premises and the said sum of one thousand dollars current money of the United States unto them in hand paid by the said John Carnell at or before the sealing and delivery hereof the receipt whereof is hereby acknowledged have granted, bargained, sold, aliened, enfeoffed, released and confirmed and by these presents do grant, bargain, sell, alien, enfeoff, release and confirm unto the said John Carnell his heirs and assigns, one undivided moiety or half part of all the estate real, personal and mixed devised by the last will and testament of Josiah Smoot dec’d to his wife Jane during her natural life and all their interest in the Rodrick tract of land subject only to the life estate of said Jane Smoot therein, together with all and singular the rights, improvements, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions, remainders, rents, issues and profits thereof to have and to hold all and singular the premises with their appurtenances and personal and mixed estate to the said John Carnell, his heirs and assigns forever. And the said parties of the first part for themselves and their heirs hereby covenant that they are seized of good and indefeasible estate of inheritance in the premises and that they have good right to convey the same to the said John Carnell his heirs and assigns in manner aforesaid. And lastly the said parties of the first part and their heirs and all and every other person whatsoever shall warrant and forever defend by these presents. In testimony whereof the said Thomas Smoot and Ann his wife, Samuel Smoot and Catherine his wife, Soloman Smoot, and Francis S. White and Abigail his wife have hereunto set their hands and seals the day and year first herein above written.

Sealed and delivered In the presence of Geo Sanderson John B. Reed

Thomas Smoot Ann Smoot Samuel Smoot Catherine Smoot Soloman Smoot Francis S. White Abigail White

State of Ohio, Fairfield County to wit:
     We Geo Sanderson and John B. Reed, Justices of the Peace in the county aforesaid in the State of Ohio do hereby certify that Thomas Smoot, Samuel Smoot and Soloman Smoot, parties to a certain deed bearing date the 20^th day of February 1850 and hereunto annexed personally appeared before us in our county aforesaid, and severally acknowledged the same to be their act and deed, and each of them desired us to certify the said acknowledgement to the Clerk of the County Court of Hampshire County in the State of Virginia in order that the said deed may be recorded. Given under our hands and seals this 20^th day of February 1850.


State of Ohio, Fairfield County to wit:
     We Geo Sanderson and John B. Reed, Justices of the Peace in the county aforesaid in the State of Ohio, do hereby certify that Ann Smoot, the wife of Thomas Smoot, and Catherine Smoot, the wife of Samuel Smoot, parties to a certain deed bearing date the 20^th day of February 1850 thereunto annexed personally appeared before us in our county aforesaid and being examined by us privately and apart from their respective husbands and having the deed aforesaid fully explained to them, they the said Ann Smoot and Catherine Smoot acknowledged the same to be their act and deed and declared that they had willingly signed, sealed and delivered the same and that they wished not to retract it. Given under our hands and seals this 20^th day of February 1850.


State of Michigan, Hillsdale County, to wit:
     We C. L. Travis and Elias Bennett, Justices of the Peace in the county aforesaid in the State of Michigan do hereby certify that Francis S. White, a party to a certain deed bearing date the 20^th day of February 1850 thereunto annexed personally appeared before us in our county aforesaid and acknowledged the same to be his act and deed and desired us to certify the aid acknowledgement to the Clerk of the County Court of Hampshire County in the State of Virginia in order that the said deed may be recorded. Given under our hands and seals this 20^th day of April 1850.


Hampshire County to wit:
     Be it remembered that on the 22^nd day of May 1850 this indenture was presented in the clerk’s office and with the certificates thereunto annexed admitted to record.




Note:      I have been told that the will book containing Josiah Smoot’s will was lost before the LDS microfilming project. Fortunately, his will is quoted within the above deed!
Dennis M. Smoot