He died on the 17th December, 1845. On looking among his papers, there
was found a will which he had executed so long before as the year 1837,
for a reason assigned in that document, viz., that on the 3d of July in
that year, was passed the important Act of 7 Will. IV., and 1 Vict. c.
26, which rendered it necessary for all wills to be signed by the
testator in the presence of two or more attesting witnesses, none having
till then been necessary in the case of wills of personal estate, which
alone Mr. Smith left behind him. This document contains some
characteristic touches. It begins in this old fashioned and formal
style:--

"In the name of God, Amen!

"I, John William Smith, of the Inner Temple, barrister-at-law, being
minded to make my last will and testament before the act passed in the
first year of the reign of Her present Majesty, (whom God long
preserve,) entitled 'An Act for the Amendment of the Law with respect to
Wills,' shall have come into operation, do make this my last will and
testament; that is to say," &c. &c.: and he proceeded, after giving some
trifling mementoes to his friends, to bequeath all his property to his
two executors, in trust for his sisters. He directed that his coffin
should not be closed till after decay should have visibly commenced in
his body; a precaution against the possibility of premature interment:
which he always regarded with peculiar apprehension. He proceeded to
direct that he should be buried in the burying-ground around the Temple
church, a right which he always contended was possessed by every member
of the Inn. With this request, however, it was impossible for the
Benchers to comply, though anxious, by every means in their power, to do
honour to his memory. He was, therefore, buried, on the 24th December,
1845, at Kensal Green. Had it been deemed desirable by his brothers and