Wills | Lawrence County

{as provided by Mrs. Faye Burke, Pikeville, Ky., to Roxie Hammill Wilcox and published in Roxie�s book, A Partial Fuller, and Collateral Families, History of Buchanan, Russell, and Dickenson Counties, Virginia, & Lewis Co, Washington

�In the name of God Amen I Amous Smyth of the County of Lawrence and State of Kentucky Being in a Low state of health But of perfect mind and memory thanks be given unto God calling to mind the mortality of the body and knowing that it is appointed for all men once to die do make and ordain this my last will and testament that is to say principally and first of all I give and recommend Soul to the hand of Almighty God that gave it and my body I recommend to the Earth to be buried in decent Christian burial at the discretion of my executor, Nothing doubting but at the General Resurrection I shall receive it again by the mighty power of God and as touching such worldly state ware with it has pleased God to bless Help me with in this life I give deviese and dispose of it the same in the following manner. First I give and bequeath to my beloved wife Mary Smyth all my household goods and furniture of every description and likewise two cows and one mare and all my stock of hogs and sheep to her use and behoof and disposal also I give and bequeath unto Ashville Harvey Smyth one certain black sucking coalt to his use and behoof forever. I also give & bequeath unto Sally Carty one certain black yearling heifer if she stays with my wife till she is with age or married, to her use and behoof forever. I do also give and bequeath unto my son, Samuel M. Smyth all my real estate that is to say two surveys of land lying and being in Russell County and State of Virginia one of these deeded from Samuel Ewing to me also one survey in the County of Wythe laying along the side of Walker Mountain adjoining on the east side to Aclis Fannings land to his use and behoof forever to sell make rites according to his discretion also all my personal estate on condition that he, the said Samuel M. Smyth should purchase 25 acres of land including the improvements where I now live for the use and support of my wife Mary Smyth , and at her death I also give and bequeath the same survey of purchase made to my daughter Polly Fannin to her use and behoof forever the note that Bryan Fannin gave to G. Perry for six dollars, one yearling heifer one pig and other services to stand in lue of a twenty five dollar rifle gun likewise the said Samuel Smyth is to give two second rate cows to my daughter Polly Fannin in three years after my decease also the property invested in the hands of said Samuel M. Smyth and my daughter Polly Fannin to be to there use and behoof forever, and I do hereby utterly disallow revoke and eliminate all and every other former testament wills legacies bequests and executors by in any wise before mentioned willed and bequeathed ratifying and confirming this and no other to be my last will and testament. In witness whereof I have hereunto set my hand and seal this Eighteen day of August in the year of our Lord One Thousand Eight Hundred and Twentyfive.�

Signed, Sealed, published pronounced and declared by the said Amous Smyth as his last will and testament in the prescence of us. /s/ Amous Smyth

I Joseph R. Ward, Clerk of the court for the county aforesaid do hereby certify that this foregoing last will and testament of Amous Smyth was produced in open court on the 20^th day of March 1826 and proved by the oaths of Isaac Bolt and Emanuel Hooven the subscribing witness hereto, and the same was ordered to be recorded which is accordingly done.

In testimony whereof I havehereto set my hand and affixed the private seal of said court they having not as yet procured a public seal this day and year first above written.

(There seems to be a discrepancy in Mr. Ward�s lst name: Joseph vs James; this is the way it is written in my transcribed copy of the will�MBC-B}

Amous Smyth was born in NY, between 1760-1770. and was thought to be a Justice of the Peace, an attorney, a magistrate or something of the sort. His wife Mary (?Marrs) was born in Maryland. His son Samuel M. Smyth was b. in Ky 30 April 1803. The Smyths were thought to be of German descent.

Samuel Smyth appears in the Floyd Co., Ky deed records in 1830 when he bought 30 acres on Beaver Creek, adjoining his father-in-law Simeon Justus. The deed was witnessed by Elijah Salisbury, perhaps a brother of Keziah, wife of Simeon Justus and Samuel�s wife, Polly Justus. Elijah lived nearby, as did his brother, William Salisbury, the pioneer Baptist preacher.

Sam is also listed in the 1830 Floyd Co. census. His first daughter, Mary Jane, was born by then. He had been a Justice of the Peace in Virginia, and was said to have been the first schoolteacher on Knox Creek. He probably taught a subscription school, each parent paying a stipulated sum for each student.

Sam�s daughter Cyrene married Harrison Fuller, who served in the Civil War. Shortly thereafter they immigrated to Minn along with other Buchanan Co. residents, and eventually to the state of Washington. Cyrene�s colorful life makes interesting reading as detailed by granddaughter Roxie Hammill. She had all the toughness of the typical pioneer and then some as she coped with deprivation and severe weather and illnesses and deaths of her children. Fuller was a sturdy helpmate, finally accumulating land and building houses both in Meeker Co. Minn and in Salkum, Washington.

In the 1840 census Sam and Polly are listed in Tazewell Co., VA. They had settled on Knox Creek & Tug River, near Hurley, in what is now Buchanan Co. Several other families, including the Justus family, also migrated from Beaver Creek to Knox Creek about the same time.

Ashville Harvey Smyth was born about 1823, probably in Lawrence Co. It is not known whether he was the son of Amous or of Sam, because his relationship is not stated in the Will. Most descendants believe he was Amous�s son. He married Matilda Stacy. Their children were William R., Cyrene, Marvin U, Louis, Almeda, and Samuel. Ashville died at age 37 shortly after 1860 in Buchanan Co., VA. His son

Marvin U. m. Lucinda Justus: their daughter Emily Smyth Spears Bowen was the writer�s grandmother.

WILL OF AMOUS SMYTH (March 20, 1826)