Birt was the son of General James & Hannah Parker Smith. He fought in the Civil War and was injured and became ill. He may have died from those medical problems because he came home and died not long afterwards....
There are various spellings of his name: Burt and Birt are the most common.
Will:
LDS Family History Library film # 1020932
Rusk County Court probate records
Volume J No. 747 pages 8-14
The State of Texas, County of Rusk.
In the name of God, Amen. I Birt H. Smith knowing the uncertainty of life and the certainty of Death, do make and constitute this my last will and testament.
1st It is my will and desire after my decease that my body shall be decently interred.
2nd that all my Just debts funeral and expences [sic] of last sickness shall be first paid out of my means available, that I may leave at my death.
3rd I will and bequeath all my real and personal estate to the following named persons to wit.
WJ Smith [William Jasper Smith], Newton Smith [Isaac Newton Smith], the heirs at law of Joseph Smith deceased and the heirs at law of Francis Timmons to wit.
Barsheba Ann Timmons & Hannah An[n] Timmons being the only heirs I intend to provide for of said Francis Timmons. Also Elizabeth Morehead, daughter of Bersheba Morehead. Also the heirs of Francis M. Smith by him begotten. [Sandra's note: There is no record of him ever being married or having heirs, but both Birt's will and Hannah Parker Smith's estate in 1864 state that Francis Marion Smith had heirs.]
4th Said estate to be divided as follows to wit.
W. J. Smith, Newton Smith the above named heirs of Mrs. F. Timmons as the representative of oath _____, to have one share. The said W. J Smith to have one share which is to be equal to the amount of both of the above named Timmon's heirs. Newton Smith the same amount as W. J. Smith, the Joseph Smith heirs, the Francis M Smith heirs and the heir of Mrs. Barsheba Morehead above and heretofore mentioned to have as the representatives of their parents the same amount as the heirs of Mrs. Timmons and to be divid [sic] as designated to them and no more.
5th It is further my will and desire that this will shall be probated and recorded in the probate Court of Rusk County and that an inventory of my estate shall be made and returned in like manner and that the probate Court shall have nothing more to do with my said estate.
6th I further ordain and appoint W. J. Smith my executor to carry out the provisions of my said last will and Testament. In testimony of which I have hereto set my hand and seal using a scrawl for a seal this the 13th day of Sept A. D. 1861 [signed] B H Smith [scrawled seal]
Test: NG Bagly J. E. Jones
There are various spellings of his name: Burt and Birt are the most common.
Will:
LDS Family History Library film # 1020932
Rusk County Court probate records
Volume J No. 747 pages 8-14
The State of Texas, County of Rusk.
In the name of God, Amen. I Birt H. Smith knowing the uncertainty of life and the certainty of Death, do make and constitute this my last will and testament.
1st It is my will and desire after my decease that my body shall be decently interred.
2nd that all my Just debts funeral and expences [sic] of last sickness shall be first paid out of my means available, that I may leave at my death.
3rd I will and bequeath all my real and personal estate to the following named persons to wit.
WJ Smith [William Jasper Smith], Newton Smith [Isaac Newton Smith], the heirs at law of Joseph Smith deceased and the heirs at law of Francis Timmons to wit.
Barsheba Ann Timmons & Hannah An[n] Timmons being the only heirs I intend to provide for of said Francis Timmons. Also Elizabeth Morehead, daughter of Bersheba Morehead. Also the heirs of Francis M. Smith by him begotten. [Sandra's note: There is no record of him ever being married or having heirs, but both Birt's will and Hannah Parker Smith's estate in 1864 state that Francis Marion Smith had heirs.]
4th Said estate to be divided as follows to wit.
W. J. Smith, Newton Smith the above named heirs of Mrs. F. Timmons as the representative of oath _____, to have one share. The said W. J Smith to have one share which is to be equal to the amount of both of the above named Timmon's heirs. Newton Smith the same amount as W. J. Smith, the Joseph Smith heirs, the Francis M Smith heirs and the heir of Mrs. Barsheba Morehead above and heretofore mentioned to have as the representatives of their parents the same amount as the heirs of Mrs. Timmons and to be divid [sic] as designated to them and no more.
5th It is further my will and desire that this will shall be probated and recorded in the probate Court of Rusk County and that an inventory of my estate shall be made and returned in like manner and that the probate Court shall have nothing more to do with my said estate.
6th I further ordain and appoint W. J. Smith my executor to carry out the provisions of my said last will and Testament. In testimony of which I have hereto set my hand and seal using a scrawl for a seal this the 13th day of Sept A. D. 1861 [signed] B H Smith [scrawled seal]
Test: NG Bagly J. E. Jones
Birt was the son of General James & Hannah Parker Smith. He fought in the Civil War and was injured and became ill. He may have died from those medical problems because he came home and died not long afterwards....
There are various spellings of his name: Burt and Birt are the most common.
Will:
LDS Family History Library film # 1020932
Rusk County Court probate records
Volume J No. 747 pages 8-14
The State of Texas, County of Rusk.
In the name of God, Amen. I Birt H. Smith knowing the uncertainty of life and the certainty of Death, do make and constitute this my last will and testament.
1st It is my will and desire after my decease that my body shall be decently interred.
2nd that all my Just debts funeral and expences [sic] of last sickness shall be first paid out of my means available, that I may leave at my death.
3rd I will and bequeath all my real and personal estate to the following named persons to wit.
WJ Smith [William Jasper Smith], Newton Smith [Isaac Newton Smith], the heirs at law of Joseph Smith deceased and the heirs at law of Francis Timmons to wit.
Barsheba Ann Timmons & Hannah An[n] Timmons being the only heirs I intend to provide for of said Francis Timmons. Also Elizabeth Morehead, daughter of Bersheba Morehead. Also the heirs of Francis M. Smith by him begotten. [Sandra's note: There is no record of him ever being married or having heirs, but both Birt's will and Hannah Parker Smith's estate in 1864 state that Francis Marion Smith had heirs.]
4th Said estate to be divided as follows to wit.
W. J. Smith, Newton Smith the above named heirs of Mrs. F. Timmons as the representative of oath _____, to have one share. The said W. J Smith to have one share which is to be equal to the amount of both of the above named Timmon's heirs. Newton Smith the same amount as W. J. Smith, the Joseph Smith heirs, the Francis M Smith heirs and the heir of Mrs. Barsheba Morehead above and heretofore mentioned to have as the representatives of their parents the same amount as the heirs of Mrs. Timmons and to be divid [sic] as designated to them and no more.
5th It is further my will and desire that this will shall be probated and recorded in the probate Court of Rusk County and that an inventory of my estate shall be made and returned in like manner and that the probate Court shall have nothing more to do with my said estate.
6th I further ordain and appoint W. J. Smith my executor to carry out the provisions of my said last will and Testament. In testimony of which I have hereto set my hand and seal using a scrawl for a seal this the 13th day of Sept A. D. 1861 [signed] B H Smith [scrawled seal]
Test: NG Bagly J. E. Jones
There are various spellings of his name: Burt and Birt are the most common.
Will:
LDS Family History Library film # 1020932
Rusk County Court probate records
Volume J No. 747 pages 8-14
The State of Texas, County of Rusk.
In the name of God, Amen. I Birt H. Smith knowing the uncertainty of life and the certainty of Death, do make and constitute this my last will and testament.
1st It is my will and desire after my decease that my body shall be decently interred.
2nd that all my Just debts funeral and expences [sic] of last sickness shall be first paid out of my means available, that I may leave at my death.
3rd I will and bequeath all my real and personal estate to the following named persons to wit.
WJ Smith [William Jasper Smith], Newton Smith [Isaac Newton Smith], the heirs at law of Joseph Smith deceased and the heirs at law of Francis Timmons to wit.
Barsheba Ann Timmons & Hannah An[n] Timmons being the only heirs I intend to provide for of said Francis Timmons. Also Elizabeth Morehead, daughter of Bersheba Morehead. Also the heirs of Francis M. Smith by him begotten. [Sandra's note: There is no record of him ever being married or having heirs, but both Birt's will and Hannah Parker Smith's estate in 1864 state that Francis Marion Smith had heirs.]
4th Said estate to be divided as follows to wit.
W. J. Smith, Newton Smith the above named heirs of Mrs. F. Timmons as the representative of oath _____, to have one share. The said W. J Smith to have one share which is to be equal to the amount of both of the above named Timmon's heirs. Newton Smith the same amount as W. J. Smith, the Joseph Smith heirs, the Francis M Smith heirs and the heir of Mrs. Barsheba Morehead above and heretofore mentioned to have as the representatives of their parents the same amount as the heirs of Mrs. Timmons and to be divid [sic] as designated to them and no more.
5th It is further my will and desire that this will shall be probated and recorded in the probate Court of Rusk County and that an inventory of my estate shall be made and returned in like manner and that the probate Court shall have nothing more to do with my said estate.
6th I further ordain and appoint W. J. Smith my executor to carry out the provisions of my said last will and Testament. In testimony of which I have hereto set my hand and seal using a scrawl for a seal this the 13th day of Sept A. D. 1861 [signed] B H Smith [scrawled seal]
Test: NG Bagly J. E. Jones
Family Members
Advertisement
Records on Ancestry
Sponsored by Ancestry
Advertisement
