John Smelser's Will
1841 August 31, Bedford Co., VA (Will Book 11, page 91)
Division of Land Among John Smelser's heirs:
"Pursuant to a decree of the County Court of Bedford entered up at the August term of said Court 1841 wherein Albert M. Robertson and Jenetta his wife formerly Jenetta Smelser plaintiffs against Richard Greenwood and Catharine his
wife, John Smelser and other Defendants. We the undersigned
Commissioners appointed by said decree proceeded to lay off the
lands whereof John Smelser deceased died Seized and allotted the
same to the distributees of said Smelser as follows Viz. 378 3/4
acres in the County of Bedford and 100 1/2 acres in the County of
Botetourt.
Lot No. 1st. Situate in Bedford County on both sides
of Glove Creek a south fork on Wilson's fork of Goose Creek and
bounded as follows Viz. Beginning at Buford's corner white oak
represented on the plat at figure 1 thence along Bufords lines from
1 to 2 ac N. 2 W. at 14 poles xing Glove Creek in all 16 1/2 poles to a
stake No. 47 3/4 W. 26 poles to a white oak stump N. 45 W 22
poles to a stake near a spring N. 23 W at 4 poles xing a branch
in all 68 poles to a stake in an old road (& Poit.) N. 43 W 31
poles to a stake N. 11 W. at 8 1/2 poles passing a white oak in
all 30 poles and 8 links to a stake in said line, thence off
along Pearcy's line S. 32 1/2 W. 121 poles to a pine stump in
Abraham Smelser's line, thence along his line S. 78 1/2 E. 76
poles and 5 links to a stake S. 24 1/2 W. 19 poles to a stake in
said line, thence off new dividing line S. 71 3/4 E. at 71 poles
xing Glove Creek in all 92 poles and 5 links to the beginning,
Containing 57 acres of which 45 acres was purchased of William
Agnew heirs in part, there being still some outstanding interest
supposed to be two, but the 57 acres as the title stands is
considered as a full share which was allotted to John Smelser &
valued at $354:46.
Lot No. 2nd. Containing 28 1/2 acres joining lot No. 1st and
bounded as follows Viz. Beginning at a stake in Abraham Smelser's
line corner to Lot No. 1st. represented at figure 1, thence from
1 to 2 &c, along the line of said lot S. 71 3/4 E. at 71 poles
xing Glove Creek in all 92 poles and 5 links to Buford's corner
white oak, thence along his line S. 67 1/2 E. 14 1/2 poles to a
stake in said line on the Porters mountain road, thence along the
road S. 35 1/2 W. 32 poles S. 76 1/2 W. 34 poles and seven links
to a stake on said road, thence off N. 65 1/2 W. 14 poles to a
stake near a pear tree N. 19 W. 8 1/2 poles to a stake below a
spring S. 22 1/2 W. 5 1/2 poles to a stake N. 65 1/4 W. at 13
poles xing Glove Creek in all 53 1/2 poles to a stake in A.
Smelser's line, thence along his line N. 24 1/2 E. at 34 poles
xing a branch in all 42 poles to the beginning valued at $366:46
and allotted to Jenetta Robertson wife of Albert M. Robertson
after she or he shall have paid to Stephen Smelsers heirs the sum
of twelve dollars.
Lot No. 3rd. Containing 26 acres adjoining Lot No. 2 and bounded
as follows Viz. Beginning at a stake in the Porters mountain road
& represented at figure 1, thence from 1 to 2 &c, along the lines
of Lot No. 2nd, N. 65 1/4 W. 14 poles to a stake near a pear tree
N. 19 W. 8 1/2 poles to a stake below a spring S. 22 1/2 W. 5 1/2
poles to a stake N. 65 1/4 W. at 13 poles xing Glove Creek in all
53 1/2 poles to a stake in A. Smelsers line, thence along his
line S. 24 1/2 W. 59 poles to a stake in said line, thence off S.
63 E. at 11 poles xing Glove Creek in all 64 poles to a stake in
the Porters mountain road, thence along the road N. 33 1/2 E. 62
poles and 15 links to the beginning, valued to the sum of $366:46
and allotted to Malinda Smelser by her paying to Stephen
Smelser's heirs the sum of twelve dollars.
Lot No. 4th. Containing 46 3/4 acres adjoining Lot No. 3rd. and
bounded as follows Viz. Beginning at A. Smelsers corner white oak
represented on the plat at figure 1, thence along his lines from
1 to 2 &c S. 49 E. 20 1/2 poles to a stake by a spring S. 11 1/2
W. at 74 poles xing a branch in all 98 1/2 poles to a gum on the
South side of the Porters mountain road, thence along the road as
it meanders N. 86 1/2 E. 8 1/2 poles N. 54 3/4 E. 26 poles N. 26
1/2 W. 13 poles No. 52 1/2 E. 22 poles N. 11 1/2 E. 50 poles N.
33 1/2 E. 80 poles & 10 links to a stake off N. 63 W. at 52 poles
xing Glove Creek in all 64 poles to a stake in A. Smelsers line &
along his line S. 24 1/2 W. at 16 poles xing Glove Creek in all
84 poles and 15 links to the beginning, valued to $362:08 and
allotted to Wilson Smelser by his paying to Stephen Smelser's
heirs $3.79 and paying to Rachel McCoy's heirs the sum of $3.83.
Lot No. 5th. Containing 28 acres situate in Bedford County on
the East branch of Glove Creek and bounded as follows Viz,
Beginning at Jesse Smelsers corner rock in Gross's line
represented on the plat at figure 1, thence along J. Smelser's
line from 1 to 2 &c. N. 66 1/2 W. 55 poles to a stake in Buford's
line, thence along his lines S. 44 1/2 W. 15 poles to a stake &
pointers N. 67 1/2 W. 5 1/2 poles to a stake in the Porter's
mountain road thence along the road as it meanders S. 35 1/2 W.
32 poles to a stake S. 76 1/2 W. 34 poles and 7 links to a stake,
corner to lots 2nd. 3rd. 5th. & 6th. thence off dividing line S.
67 E. at 35 poles xing a branch in all 94 poles and 15 links to a
stake in Gross's line, thence along his line N. 28 1/2 E. 65
poles and 7 links to the beginning valued to $366.46 and allotted
to Abraham Smelser by his paying to Rachel McCoy's heirs the sum
of twelve dollars.
Lot No. 6th. Situate on the East fork of Glove Creek & bounded
as follows Viz. Beginning at a stake on the Porters mountain road
and corner to Lots Nos. 2nd, 3rd, & 5th, represented on the plat
at figure 1 thence along the road from 1 to 2 &c S. 33 1/2 W. 74
poles to a stake in said road, thence off dividing line S. 67 E.
at 36 poles xing a branch in all 107 poles to pointers in Gross's
line, thence along his line N. 24 1/4 E. 58 poles to a stake N.
28 1/2 E. 15 poles to a stake in said line, thence off along the
line of Lot No. 5th, N. 67 W. at 57 poles xing a branch in all 94
poles and 15 links to the beginning, Containing 45 1/2 acres
valued to $354.46 and allotted to Jacob Smelser.
Lot No. 7th. Situate on the East fork of Glove Creek containing
73 3/4 acres and bounded as follows Viz. Beginning at pointers in
Gross's line from 1 to 2 &c, S. 24 1/4 W. at 50 poles xing a
branch in all 133 1/2 poles to pointers on a hill side in said
line, thence off dividing line N. 38 W. nearly down a branch 54
poles to a small dogwood N. 61 3/4 W. 38 poles and 8 links to a
pine on a branch, thence down the branch N. 5 E. 22 poles to a pine near
said branch off N. 38 W. 27 poles & 5 links to two small pines on
the North side of the Porters mountain road, thence along the
road N. 33 1/2 E. 70- 1/2 poles to a stake on said road, thence
off along the line of lot No. 6th. S. 67 E. at 36 poles xing a
branch in all 107 poles to the beginning, valued to $362:08 and
allotted to Betsey Robertson the wife of Zachariah Robertson by
her paying to the heirs of Rachel McCoy the sum of $7:62 1/2.
Lot No. 8th. Situate on both sides of the East fork of Glove
Creek containing 73 1/2 acres and bounded as follows Viz.
Beginning at a gum on the Porters mountain road represented at
figure 1, thence along A. Smelser's line S. 11 1/2 W. 19 poles to
pointers on a ridge, thence along Williamson's line S. 51 3/4 E.
at 21 poles xing a branch at 44 poles xing a branch at 111 poles
xing a branch in all 127 poles to a small chestnut, thence with
Gross's line S. 24 1/4 E. 91 poles to pointers on a hill side in
said line, thence off along the line of lot No. 7th. N. 38 W.
nearly down a branch 54 poles to a small dogwood N. 61 3/4 W. 38
poles and 8 links to a pine on a branch, thence down the branch
N. 5 E. 22 poles to a pine near said branch off N. 38 W. 27 poles
and 5 links to two small pines on the West side of the Porter's
mountain road thence along the road as it meanders S. 11 1/2 W.
48 1/2 poles S. 52 1/4 W. 22 poles S. 26 1/2 E. 13 poles S. 54
3/4 W. 26 poles S. 86 1/4 W. 8 1/2 poles to the beginning, valued
to $358:75 and allotted to Catharine Greenwood wife of Richard
Greenwood by her paying to the heirs of Rachel McCoy the sum of
$4.32.
Lot No. 9th. Situate in the County of Botetourt on the waters of
Surry's Mill Creek, containing 51 1/2 acres and bounded as
follows Viz. Beginning at Thrasher's and Nase's corner black oak
represented on the plat at figure 1, thence from 1 to 2 &c along
Nase's lines S. 70 W. 40 poles and 15 links to a white oak by a
road, thence off new dividing lines S. 10 E. 51 poles to a stake
near a branch S. 41 W. xing the branch at about 8 poles in all 67
poles to a stake and pointers in Deals line, thence along his
line S. 61 1/2 E. 53 1/2 poles to 2 white oaks and a black oak,
thence with Thrasher's line N. 34 1/2 E. 20 poles and 20 links to
two white oaks and a white oak stump on a ridge N. 63 3/4 E. 52
1/2 poles to a white oak and a fallen down white oak and two
black oaks on a ridge N. 11 E xing a branch 38 poles to a large
Elm near said branch N. 32 1/2 W. 74 poles and 15 links to the
beginning and valued to $326:67. and allotted to the heirs of
Rachel McCoy together with half of the inside fencing on the
tract of land belonging to John Smelser deceased, and the said
McCoy's heirs are to receive of Wilson Smelser the sum of $3.83
and of Abraham Smelser the sum of $12 and of Betsey Robinson the
sum of $7:62 1/2 and of Catharine Greenwood the sum of $4:32.
Lot No. 10th. Situate in Botetourt County on the waters of
Surry's Mill Creek, containing 49 acres and bounded as follows
Viz. Beginning at Nase's corner white oak represented on the plat
at figure 1 thence along Nase's line from 1 to 2 &c N. 86 1/2 W.
26 poles to a white oak and Spanish oak stump on a road N. 64 W.
27 poles to a small black oak on said road, thence with Rowlands
line S. 38 1/2 W. at 66 poles xing a branch in all 94 1/2 poles to a
hickory and two white oaks on a hill side, thence with Deal's
line S. 61 1/2 E. 85 poles to a stake and pointers in said line,
thence off with the lines of Lot No. 9th N. 41 E. xing a branch
67 poles to a stake N. 10 W. 51 poles to the beginning valued to
$326:67 and allotted to the heirs of Stephen Smelser, together
with one half all the inside fencing on said whole tract
belonging to John Smelser, and who are to receive of Jenetta
Robertson the sum of $12 and of Malinda Smelser the sum of $12
and of Wilson Smelser the sum of $3:79, in the whole $27:79.
By Thos. mead Sur. B.C.
We the subscribers Commissioners appointed by the Court of
Bedford County by a decree of said Court entered up at the August
term 1841 to divide and assign the lands whereof John Smelser
died seized in the Counties of Bedford and Botetourt, proceeded
on the 31st of August 1841 to divide and lay off said lands into
ten lots as nearly equal as the nature of the case would admit,
all of which is set fourth by the annexed survey which is
considered as apart of this report, and after said division,
allotted to the heirs of John Smelser deceased, the lots as
therein set fourth, all of which is herewith respectfully
submitted to the Court of Bedford County.
Thos. Mead, Caleb Williamson, John P. Gray Commrs.
At a Court held for Bedford County the 27th day of June 1842 This
Division and allotment of the lands of John Smelser deceased
amongst his distributees, was produced in Court & ordered to be
recorded. Teste Ro. C. Mitchell CBC
(Will Bk 11 p 91)
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