From Transcribe Wiki
Jump to: navigation, search

In Richmond Hustings Court - July 11th 1809- William Selden, Alfred Madison and Henry Banks, this day personally appeared in Court and being sworn severally depose, that on the 18th or 19th day of June last, Richard Smyth in their presence observed, as he had no relations in this Country, and as those which he had in Ireland the Country of his nativity, were not in indigent circumstances, he wished, after the payment of all his just debts, that Mr. Davis Doyle, now of the City of Richmond, should inherit and have his estate, with this limitation, that the said Doyle should have a tomb erected to his memory, and should make a donation to the Roman Catholic Church of which the said Smythe professed himself to be a member. And the said witnesses having further proved to the satisfaction of the Court' that the said Smythe, was, at the faction of the Court; that the said Smythe , was, at the time of uttering the aforesaid words, in his perfect senses and that the were called upon to take notice, that it was the wish of him the said Smythe, that the aforesaid disposition should stand for and be considered as his nuncupative will: and furthermore, that the said Smythe has resided at the place where he died, for upwards of ten days previous to the uttering the said testomentary words and of his death, which took place on the aforesaid 18th or 19th day of June whereupon It is considered by the Court, that the sane be established, agreeably to the Act of Assembly in such cases made and provided as the nuncupative will of the said Richard Smythe And on the motion of David Doyle in the said will named who made oath thereto, and with Robert L. Garnett his security, entered unto and acknowledged a hand in the penalty of five hundred dollars conditioned as the law directs