He married Ann Parke in Mercer County in 1750. Ann, a daughter of John and Mary (Davis) Parke, was born in Mercer County in 1732 and died in 1754 in Hampshire County VA.

James’ second wife was Mary Capon. Mary was born in NJ in 1733 and died in Hampshire County about 1819.

James Smith’s will was written June 5, 1815 and was probated in Hampshire County VA (WV) May 15, 1819. In 1943, Maude (Bliss) Allen reported the will had been recorded in R Book 6, page 3361, but that that book was lost at the tinme of her report.

Will of James Smith:

“In the name of God, Amen. On the 5th day of June, one thousand eight hundred fifteen, I, James Smith, late of the county of Hampshire, but now residing in Harrison County in the State of Virginia, calling to mind, the uncertainty of this life, and being of sound mind and disposing memory, do make, ordain, and constitute this, and this only, my last Will and Testament in manner and form following, to-wit; I commit my soul to Almighty God, my Savior and Redeemer, and my body to the earth, to be decently buried, and where it hat pleased God to bestow on me certain lands in the County of Hampshire and Monongahala, these I dispose of as hereinafter mentioned.”
“My will and desire is that my wife Mary Smith hold her interest in all my lands during her natural life (if she chooses to do so) and to leave them clear of incumberance at her death.”

“My will is that my daughter Elizabeth, who married Levi Shinn, my daughter Ann, who married Abraham Powell, my daughter who married Samuel Lupton and my daughter Rody, who married Joseph Fry, have no part or parcel of my estate, either real or personal {nor their legal representatives}. I having given to them at and since their marriage all that part of my estate I allotted them, with this exception only {viz} I give and bequeath to my granddaughter Rody Fry the sum of forty dollars and no more.”

“Item- I will and direct, order and direct my executors hereinafter named to sell all my lands for the highest price that can be obtained in money, or so equalize the value of all the lands by sworn apporators and divide the lands, of the value of them in money into five equal parts, amongst my five children, viz: Aaron Smith, James Smith, Timothy Smith, Phebe, who married William Fry, and Ruth who married James Moor, and my executors, 2nd to have and to hold the amount of the sale money or the value of the land, as the case may be, and to who each portion of land may be allocated, entered on the records of Hampshire Court House, specifying to each of the five legatees, their share of the money or land, and that my executors shall be fully prepared in two years from my death to pay off the legatees, which estate is to be enjoined by them forever.”

“Item- I will and decree that my executors assume the character of trustees, and take under their care such part of my estate as shall fall to the share of my daughter, who married William Fry, and such estate given her in proportion to her reasonable wants for her support and maintenance and education of her children, at such time as she need and requite, and the remainder at her death, if any, to be divided among her surviving children.”

“My will is that my executors pay my funeral expenses, just debts, and the legacy to Rody Fry, and all the proper just charges to be allowed by the court of the five legatees, for the distribution of the estate, before the legatees are paid off and each legatee to bear an equal portion.”
“Item- I do hereby ordain, constitute and appoint my two sons James and Timothy Smith executors of this my last will and testament.” “In witness of I have hereunto set my hand and seal the day and year above written.:

James Smith {seal}
Testee. John B. White