The Birmingham age-herald., 1905-09-22
WILL IF DR, SMITH HAS BEEN PROBATED Value of Estate Estimated 10 Exceed $i,500,00O HOW PROPERTY WAS LEFT
  Joseph R. Smith, Jr., Thomas 0. Smith and Charles j. Smith Are Named as Executors Without Bond
 or sureties.
HOW PROPERTY WAS LEFT

The will of the late Dr. Joseph k. Smith was propated yesterday iaorhihs The greater part of the es ate, con sisting of real and personal property, was bequeathed to the children and grand children of the deceased. Requests Of s50OO each were made to the Hillmlp hosoital, the Mercy Home, the Alabama Boys Industrial school and St. Vim cents hospital.
 The following Is the item of the will conta mng the bequests to his children and grand children:
 q give. devise and bequeath all of my said property, real and personal, hereto fore given and devised to my said exec tutors in trust, or such parts thereof as may be left after paying my debts and liabilities, and the execution of this trust, and such properties as they may acquire as executors by re-investment, as here inbefore provided, after the termination of said trust estate, to my following named children and grand children, share and share alike, equally: Joseph R. Smith. Jr,, Charles J. Smith, Thomas o. Smith, William D. Smith, Virginia Irene Me- David Malissa Owen McDavid, M. Jor- dan Greene, and Mary Louise Smith,"
 The original last well and testament of Dr. Smith was made on April 25, 1892, but since that time three codiclls have been added.
 In the original will the lot and resi- dence of the deceased with all personal property was given to the late Mrs. Smith, wife of the deceased. The lots at the corner of Third avenue and Eigh- teenth street, fronting together 100 feet on Third avenue and 100 feet on Eigh- teenth street, and three lots on the northeast corner of Third avenue and Seventeenth street, fronting 100 feet on the north side of Third avenue, and extending back. of uniform width 40 feet, were bequeathed to her in the first will.
 First CodlcI.
 The first codieil attached to the will was written after the death of Mrs Smith, and provides that all the real and personal property devised to his wife in the will should go to the ex- ecutors to hold in trust.
 The executors appointed in the will are Joseph R. Smith, Jr., Thomas O. Smith and Charles J. Smith, who shall serve without bond or sureties. They will hold the property in trust, satis- flying all just claims against the estate and giving that part of it which may be left to the beneficiaries named above The executors are authorized to sell the property devised to them in trust for the purpose of re-investing
 It is stated in the will that the following advancements had been made to the de- scendants of Dr. Smith prior to the mak- ing of the testament Joseph R. Smith. Jr., $22.50O; Thomas o. Smith, s2s, 700; Charles J. Smith $22,5Oo William D. Smith, 15.7S4.94; " Irene McDavid, $2S,- 0576O; Mittie o. McDavld, $14,5o0; NJ. Jor- dan Greene, $l1.OOO; Mary Louise Smith s5.27274. The first four named are sons of Dr. Smith. the fourth named is a daughter of the deceased, and the last three mentioned are his grandchildren.
 Charitable Requests.
 In the first codicil attached to the will bequests of 5000 each are given to the board of lady managers of the Hillman hospital and the Mercy Home. The first payments on the gifts are to be made on February next, succeeding the probate of the will, and the other payments on February of each succeeding year until the $5000 has each been paid
 The deceased was born February eAd these payments are to be made on each birthday. On that date for the following five years $4000 will be given to charity out of the estate. In the third codicil, the Alabama Boys Industrial school ane the St. Paul de Vincent hospital are be- queathed s5O00 each, to be paid in the same manner as the bequests to the Hill- man hospital and the Mercy Home.
 The second codicil was added to provide for the share of the estate belonging to Mary Louis ST zh, who since the makin of the origin will has become of ago and has married. The item of the will ap- pointing a guardian for Mary Louise Smith, who since that time has become Mrs. Mary Brown, is annulled and dey clared void in the second codicil. A pro- vision Is made that tho share of Mrs. Brown be invested with the Birmingham Trust and Savings company.
 Dr. Joseph R. Smith, who was one of Birmingham's most prominent citizens, died at his home in Smithhed on August 30. He was the first white boy to be born in Jefferson county and was the third to be born fin the territory of Mississippi which included what Is now Alabama and Mississippi.
 The value of his estate is variously esti- mated to be between $1,500,0OO and S2,000, 000 but there is nothing in the will wAeh will determine this.