There are two wills labeled John Smith dated 1872.  By looking at the heirs named in the paperwork, 
it seems that John Smith and John G Smith are definitely the same person.  Note there is nothing in the 
will papers to show who actually administered the estate.  It appears that since the second will was shown 
to be insufficient, the first will dated 22 Feb 1866 was accepted and explains why both wills were probated.    
Then Peyton Rollins renounced his right to administer the estate.  In the papers of the Estate of John G Smith 
1872 [folder title] is a page labeled Inventory of the Estate of John G Smith decd made by M N Tatum Admr cum 
testemento annexor[?]  This inventory was sworn to by Marshall N Tatum Admr of John Smith before A McPherson Jr 
judge Probate 1 Mar 1872.

Will Smith John 1872 [Folder Title]
I John Smith of the County of Cumberland and State of North Carolina being of sound mind and memory, but 
considering the uncertainty of my earthly existence do make and declare this my last will and testament  
in manner and form following, that is to say first, that my executor (hereinafter named ) Shall provide 
for my body a suitable burial suitable to the wishes of my relations and friends and pay all funeral expenses 
out of the money that may first come into his as a part or parcel of my estate.
1st Item I give and devise to my beloved wife Mary Fifty-two acres of land where I now reside including the 
swamp, two beds and their necessary furniture and all the bed clothing that she brought here, all my household 
and kitchen furniture, what corn and bacon that may be on hand at my death, all my stock of cattle and hogs, 
and my horse, and five hives of bees, and two hundred and fifty dollars in money.
2nd Item I give and divise to my son Daniel L Smith two hundred and sixty dollars which I have already given 
him towards buying a negro man.
3rd Item I give and divise to my son Peter M Smith four hundred and fifty acres of land which I have given a 
deed for at my decease and one horse and saddle that I gave him which cost eighty two dollars.
4th Item I give and divise unto my daughters Anna Tatom, Jane Register, Clarry Beard, Susannah Downing, Zilpha 
Cashwell, Mary E Jackson and Martha West, and the heirs at law of Sarah Tatom, all the residue of my property 
of every description to be sold and equally divided among them, Sarah Tatom's heirs to have what would be her 
share if living.  And lastly I do hereby constitute and appoint my trusty friend Peyton P Rollins my lawful 
executor to all intents and purposes to execute this my last will and testament according to the true intent 
and meaning of the same, and every part and clause thereof hereby revoking and declaring utterly void all other 
wills and testaments by me heretofore made.
In witness whereof I the said john Smith do hereunto set my hand and seal this 22nd day of February 1866.
/s/ John Smith (seal)
Signed sealed published and declared by the said John Smith to be his last will and testament in the presence 
of us, who at his request and in his presence do subscribe our names as witnesses thereto.
/s/ J McD. Jessup
/s/ W B Wright
Record in Book of wills page 41 and 42

State of North Carolina, Cumberland County - in Probate Court
	W. B Wright being duly sworn doth depose and say that he is a subscribing witness to the paper writing 
now exhibited in Court as the last will and testament of John Smith.  That the said John Smith during 
the year 1866 or 1867 brought the said paper writing to him at his office in Fayetteville and the deponent 
further say that when the said paper writing was brought to him it had been signed by John Smith the testator 
and by J McD Jessup as subscribing witness, and the testator aforesaid did declare the said paper writing to 
be his last will and testament and this deponent did thereupon subscribe his name as an attesting witness 
thereto, and at the request and in the presence of said testator, the deponent further saith that at the said 
time when the said testator subscribed his name to the said last will as aforesaid and at the time of the 
deponent subscribing his name as an attesting witness thereto as aforesaid the said John Smith was of sound 
mind and memory of full age to execute a Will and was not under any  restraint to the Knowledge information 
or belief of the deponent.
Sworn to & subscribed before me the 20 Oct 1871.
Unreadable signatures
[On the side written} In the matter of the last Will and Testament of john Smith
Admitted to Probate Oct 21 1871

To the Judge of Probate of Cumberland County
I hereby renounce my right to qualify as Executor of the will of [should be J but looks like P] G Smith deceased.  
Dated October 20th 1871.
/s/ P P Rollins

Cumberland County North Carolina in Probate Court Oct 21 1871
Then was the signature of P P Rollins appended to the above renunciation.  Proven before the undersigned by 
the oath and examination of D T Averitt subscribing witness thereto.
/s/ A McPherson Jr Judge of Probate.
Recorded

State of North Carolina Cumberland County in the Probate Court [typed on printed page - all underlined is 
handwritten in the blanks]
	A paper purporting to be the last Will and Testament of John Smith deceased, is exhibited before me the 
undersigned, Judge of Probate for said county by Peyton P Rollins the executor therein named, and the 
due execution thereof by the said John Smith by the oath and examination of J McD Jessup - one of the 
subscribed witnesses thereto: who being duly sworn, doth depose and say [lined through] that he is a 
subscribing witness to the paper writing now shown him, purporting to be the last Will and Testament of 
John Smith.  That the said John Smith in the presence of this deponent subscribed his name at the end of 
said paper writing, which is now shown as aforesaid, and which bears date of the 22nd day of February 1866.
And the deponent further  saith, That the said John Smith the testator aforesaid, did at the time of subscribing 
his name as aforesaid, declare the said paper writing so subscribed by him and exhibited to be his last Will and 
Testament, and this deponent did thereupon subscribe his name at the end of said will, as an attesting witness 
thereto, and at the request, and in the presence of the said testator.  And this deponent further saith that at 
the said time when the said testator subscribed his name to the said last Will as aforesaid, and at the time of 
the deponent's subscribing his name as an attesting witness thereto, as aforesaid, the said John Smith was of 
sound mind and memory, of full age to execute a Will, and was not under an restraint to the knowledge, information 
or belief of this deponent, and further this deponent say not.
/s/ J. McD. Jessup (seal)
A McPherson Jr, Probate Judge

Will John G Smith 1872 [Folder Title]
	In the name of God Amen.  I John G Smith of the County of Cumberland and State of North Carolina, being of 
sound mind and memory, and considering the uncertainty of this life, do therefore make [illegible] publish 
and declare this my last will and testament.  That is to say.   First I give and bequeath to my wife Mary 
one third interest in my land where I live and one years provisions to be laid off according to law.
Secondly it is my wish and desire that all the residue of my property of all description e equally divided among 
my children except Daniel L who has had his full share in money, and Peter M who has had his share in land.
I likewise make construct and appoint my son Peter M to be executor to this my last will and testament, hereby 
revoking all former wills by me made.
In witness whereof I have hereunto subscribed my name and affixed my seal the 30th day of March in the year of 
our Lord one thousand eight hundred and seventy one.
/s/ John G (his X mark) Smith (seal)
Witness 
/s/ J McD. Jessup

Probate Court of Cumberland County, NC - paper purporting to be the will of John G Smith deceased is exhibited 
before A McPherson Jr, Probate Judge, by Peter M Smith the executor; proved by J McD Jessup, subscribing witness; 
will bears date 30 Mar 1871.  Will admitted to probate and ordered recorded 22 Sep 1871.

In the matter of the will of John G Smith before A McPherson Jr Probate Judge Cumberland County, Peter M Smith 
claims to be the executor.  The property of said john G Smith consisting of lands and personal property is worth 
about $1200; Mary Smith, Annie Tatum, Martha J West, Clara Beard, Susan Downing, Sarah Tatum, Zilphia Cashwell, 
Mary E Nunnery & Jane Register are the parties entitled under the will.  Sworn by P M Smith 22 Sep 1871.  

Peter M Smith  the writing to be the will of John G Smith and that he will faithfully execute same after first 
paying the depts..  Sworn before A McPherson Jr, Probate Judge 22 Sep 1871.

Cumberland County Cedar Creek Twp.    Mary Smith, widow of John G Smith deceased, appeared before John C Blocker, 
Justice of the Peace, and swore that she is acquainted with Peter M Smith, executor of John G Smith and son of 
John G Smith by his first wife; that Peter M Smith is insolvent & that he has his Homestead laid off & that he 
has no property above his Homestead & personal property exemption that can be made responsible for any loss ; 
that he is not competent to manage the business of Executor due to lack of knowledge; he is too strongly prejudiced 
against her to do her justice.  She knows this from her own knowledge and Peter Smith's treatment of her and of his 
father in his lifetime.   She is satisfied that if the property falls into Peter Smith's hands,  he will never let 
her receive one cent of the estate; that he could not be compelled to settle with her; that he refuses to comply 
with the law in laying off her year support; that he, Peter M Smith, slandered her in many ways before the death 
of her late husband & also since his death; that Peter Smith treated her and her husband so badly that John G Smith 
refused to have Peter M Smith sent for before his, John Smith's, death, saying Peter knows I am sick and will not 
come to see me and as he don't wish to come don't send for him. 
/s/ Mary (her X mark) Smith
6 Oct 1871 

Several affidavits about Peter M Smith, his relationship to John and Mary, and his fitness and ability to serve as executor.  
Before John C Blocker, Justice of the Peace for Cedar Creek Township, Cumberland County;  
C G Cain acquainted with Peter M Smith; generally reputed to be an insolvent; has no property over and above his homestead 
and personal property; is not competent to manage business of Executor by reason of want of knowledge and experience; 
believes the estate will be wasted or misapplied.  6 Oct 1871
Before John C Blocker, Justice of the Peace for Cedar Creek Township, Cumberland County; 
John Averitt swears essentially the same; adds that Peter M Smith is too much prejudiced against Mary Smith, widow of 
J G Smith, to do her impartial justice.  6 Oct 1871
Before John C Blocker, Justice of the Peace for Cedar Creek Township, Cumberland County; 
D T Averitt swears essentially same as John Averitt.  6 Oct 1871
Before John C Blocker, Justice of the Peace for Cedar Creek Township, Cumberland County; 
Isaac C Melvin swears same as John Averitt and D T Averitt.  6 Oct 1871
Before John C Blocker, Justice of the Peace for Cedar Creek Township, Cumberland County; 
Isaiah Faircloth (signed with mark); longer affidavit swearing same as above Averitts and Melvin.  Also claims to be a 
near neighbor of late John G Smith, living in sight and was with John Smith the day before and the day he died; he 
(Faircloth) proposed to send after John's son P M Smith but John objected saying his son Peter knew he was sick and 
would not come and he should not be sent for; Faircloth suggested both days to send for Peter and was denied.  Keep 
in mind the old man had been in bad health for months before his death & Faircloth can say his wife Mary Smith attended 
to him all his last sickness.    Faircloth heard John Smith say many times he did not want any of his children to have 
one dollar of his money; he says his wife heard John G Smith say the same thing in regard to his moneys.  Faircloth is 
satisfied the Smith heirs of the late John G Smith never have nor will treat the widow with Justice because never had so 
treated the old man and his wife in their lifetime.  Finally, he judges the stock belonging to the estate are suffering 
for want of attention and all had been taken charge of by P M Smith.  6 Oct 1871

Cumberland County Probate Court.  Marshall N Tatom shows to the court it would be better for the estate of his intestate 
that the personalty not devised should be sold for cash because of the difficulty that many persons have in giving approved 
security for small amounts.  Wright and Roy attorneys for M N Tatom.  No date
Probate Court Cumberland County.  Sep 25 1871.  Mary Smith, widow of John G Smith, late of the county, deceased, enters 
her dissent from the provisions of the will of her late husband admitted to probate on 22 Sep 1871.  Signed by mark.  
Witnessed by D T Averitt.

Cumberland County Probate Court;  Re:  administration of estate of John G Smith.  Peter M Smith, the exec of the last 
will and testament of John G Smith, asks court to grant an order allowing him to sell the personalty of his intestate 
for cash because of difficulty and delay in collecting small sums of money.  Sworn to and subscribed 28 Sep 1871 before 
A McPherson Jr, Judge Probate.

Cumberland County Supreme Court.  To P M Smith, exec of John G Smith.  Proceedings have been entered in Court of 
Probate to annul the probate of the Will of John G Smith; summons issued to him to show cause why same should not 
be revoked; hereby ordered to suspend all further proceedings in administration of the estate except presentation 
of property & collection of debts until a decision can be made.  Especially ordered to suspend sale of personal 
property advertised by issue for the 17th instant.  Witness Alexr. McPherson Jr Judge of Probate at office in 
Fayetteville 16 Oct 1871.  

H C Culbreth attests that he proceeded to serve a copy of the order on P M Smith 17 Oct 1871 at 8:45 am as authorized 
by John C Blocker, Justice of the Peace.  21 Oct 1871 Probate of will of John G Smith annulled.  

21 Oct 1871 - in Probate Court.  Summons having issued to Peter M Smith the executor heretofore qualified under a will 
proved 22 Sep 1871 to appear within 10 days after the service & show cause why the probate then granted should not be 
annulled; P M Smith comes into court & enters a voluntary appearance & consents that the matter may be now heard.  
Application made by the widow Mary Smith for revocation of the Probate of said will; upon inspection of the will, find 
that there is only one subscribing witness thereto.  Considered that said paper writing is not duly executed or 
sufficiently in law to pass real or personal estate & that the Probate thereon granted on 22 Sep 1871 is void.  
Same shall be revoked & declared null.