John Samuel Smoak's Will.

The Will of John Samuel Smoak - A Transcript

John S. Smoak

John Samuel Smoak was born on 13 November, 1811 in Cordova, Orangeburg County, South Carolina. He died on 20 Nov, 1900 in Cordele, Dooley County, Georgia. His will was written on 12 March, 1890 and was probated on 3 December, 1901 before Judge J. D. Husyeme of Dooley County, Georgia.

This is a transcript of the Last Will and Testament of John Samuel Smoke of Dooley County, Georgia. Transcribed to the best of my ability with all errors uncorrected by Ronald Alfred Smoak, Canton GA., 28 Jan 2011. The blanks ____ in the document denote words that were unreadable to this transcriber. I do hold a photocopy of the will of John Samuel Smoke, copied 17 May 1979 at the Georgia Department of Archives and History, Atlanta GA. The Will of John S. Smoke, date of record March 12, 1890, Dooley Co. Book A 1847-1901, Pages 446, 447, 448, 449 at the Georgia Department of Archives and History, Atlanta, GA.

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Here is my transcript of the original document:


Will of Jno S Smoke

In the name of God Amen.

I, John S. Smoke of said state and county being of advancing age but of sane and dis___ mind and memory, knowing that I must shortly depart this life ______ it eight and _____, for my heirs myself and my family, that I should make a ____ of the property with which a kind providence has blessed me, I do therefore male this my last will and testament hereby revising and annulling all others by me heretofore made.

First I devise and direct that my body be buried in a decent and Christian like manner suitable in my circumstances and conditions in life, my soul I trust shall return to rest with God, who gave it, as I before for salvation ____ the ____ and ___ of the blessed Lord and Savior Jesus Christ.

Second I devise and direct that all my just debts be paid without delay by my Executor herein after named and affirmed.

Third I give bequeath and devise to my beloved wife Jack A. J. Smoke all household and kitchen furniture that she may want or decide to keep that I may leave at my death. Also one lot of ground number (98) ninety eight in the 14th Dist. Of Dooly Co Georgia one cow and her ____ one black hair mule named Jack, two surries and eight sows of her choice of my stock of hogs, my wagon and buddy and horses, to have and to hold the same during her natural life, and at her death, said property is to be equally divided between Wesley J. Smoke, Allen L Smoke, Lyddia Smoke, Elizabeth L. Smoke, my four minor children by said A. J. Smoke except said lot of land, that I desire to be sold and the money equally divided between all of my heirs thus? living Except Malissa S. Raines, she having already received her part from my estate.

Fifth I give bequeath and devise to my four minor children Wesley J. Smoke, Lydia Smoke, Allen Smoke and Elizabeth L. Smoke, a lot of land no. Twenty Eight in the fifteenth dist. originally Dooley Co. Ga consisting Two Hundred ten and one half acres, with all the rights members? and appurtenances to said lot of land in assignee? delaying? possesses in fee simple, ____ ____ ____ ____ and half____ apiece.

Sixth I give and bequeath and devise to my children as follows to-wit to Edmond T. R. Smoke, Anne E. Byrd, and the children of Jno W Smoke, decd, and the children of Mary Eliza Zant, decd Emma Harris? and her children the children of Perry A. Smoke, decd, George W. Smoke, Andrew A. Smoke, Frances James and her children and the children of Laura L. McAfee decd, and her four minors Wesley J. Smoke, Allen L. Smoke, Lyddia Smoke and Eliza L. Smoke, f___ of lots of land to-wit NO Twenty Seven (27) NO (29) Twentynine, NO (37) Thirty Seven, NO (38) Thirty eight and Thirty Nine ____ in the 15th dist originally Dooley Co. Ga. Said lands to be sold and the money to be equally divided among the heirs above mentioned.

Seventh I give and bequeath to my Daughter Malissa Raines Five Dollars in money to be paid by my Executors herein after mentioned.

Eighth The remainder of my property both real and personal wherever and what ever it may be including that given to my wife Jack A. J. Smoke, in the third article of the will for and during her natural life, after her estate therein is over I bequeath and devise to all of my children and grand children except said Malissa Raines who has already had her portion of my estate as before mentioned is for fee simple and forever.

Ninth I hereby appoint Andrew A. Smoke my oldest son now living as trustee for my grand child Roma McAfee the son of my daughter Laura L. McAfee late of said Co. decd. And I devise further that the proceeds of my Estate given to said minor child shall be kept by my son Andrew A. Smoke as trustee for said child and for his use, and should said minor child grow up to be an industrious and trust worthy man, then said property to be given to him at the age of Twenty-one years, but should he die before that time, and grow up to be a Drunkard and worthless young man, then I devise that said property shall reset back to my estate and be equally divided between my other heirs then living.

Tenth I hereby constitute and affirm my Son Andrew A. Smoke and Son Edmond T. R. Smoke Executors of this my last will and testament, And I devise that said Executors shall have John F. Purcell a resident of Dooley Co. Ga. To assist in the administration and winding up of my Estate in case he is living at the time of my death.

This March 12, 1890

John S. Smoke LS

The ____ and ___ will and testament of John S. Smoke now signed sealed declared and published by John S. Smoke, as his last Will and Testament in the presence of us the undersigned who subscribe our names hereto in the presence of said testator at his final wishes and request and in the presence of each other.


This Mch 12, 1890

Jas. W. Fesnell

D. L. Ivey

J. O. James

J.T. G_____

Z. Harden J.P.




Personally come before the only of said County D. L. Ivey and Jno. T. G____, all of said county _____ being duly sworn says they each as well as J. W. Fesnell, J. O. James and Z. Harden saw the within named Jno S. Smoke, sign and publish the within paper as his last Will and Testement and that they each subscribed the same as witnesses ____ at the final ____ and request of said Jno S. Smoke and in his presence as did also J. W. Fesnell, J. O. James and Z Harden and that the said Jno. S. Smoke signed the same freely and conclusively and ____ at the _____ of such signing of sane and sound mind and memory.

Sworn to and subscribed ____ in my _____ the 3 Day of Dec 1901.

J.D. Husyeme, ordinary D.L. Ivey

Dooley Co. GA J.T.G____




I Andrew A. Smoke do hereby swear that the within enclosing contains the true Last Will and Testement of the named John S. Smoke, decd. So far as I know or believe and this I will read and true Execute, the same in accordance with the laws of this state so help me God.

Sworn to and subscribed before me this the 3rd Day of Dec 1901.

J. D. Husyeme


Andrew A. Smoake