Columbia County,
New York
Deed & Wills
[Transcribed from SAMPUBCO COPY
by Bruce and Meredith Smith, 4 December 2005]
Will
of
Walter Smith
Will Book, Chatham Vol. Q, page 13.
Record of the last will and testament of Walter Smith late of the Town of Chatham in the County of Columbia N.Y. decd as a will of real and personal estate, with the proofs relating thereto taken in the court of the Surrogate of the County of Columbia N.Y.
Rendered January 4th AD 1879
I Walter Smith of the Town of Chatham in the County of Columbia and State of New York being of the age of fifty five years and of sound and disposing mind memory & understanding do hereby make publish and declare this my last will & testament in manner following, that is to say:
Item First. I direct my executor hereinafter named first to pay all my just debts and expenses.
Second. I give and bequeath to my wife Jennette Smith her heirs & assigns my gold watch, which I have now in my possession, and all my household furniture, beds & bedding cooking utensils, crockery and all clothing of the family except my own clothing hereinafter mentioned.
Third. I give and bequeath to my brother Sylvister Smith all my personal clothing to be delivered to him by my executor as he may need them in parcels from time to time: Also the annual interest of one thousand dollars to be paid to him, annually provided my executor shall be of opinion that he may need the same but not otherwise and after the death of said Sylvister the said one thousand dollars is to be disposed of according to the other provisions of the will.
Fourth. I give and bequeath to Angeline E. Bassett the sum of two thousand dollars to be paid to her as soon after my decease as can well be done. And if the said Angeline shall die before this will takes effect by my death or before the same is proven then this legacy to her shall be void and of no effect and the said two thousand dollars shall belong to my estate to be disposed of according to the other provisions of the will.
Fifth. I give and bequeath to Tunis H Miller one small teakle (sic) and rope attached thereto which I have now in my possession.
Sixth. I give devise and bequeath to my wife Annette Smith the use of all the rest residue and remainder of my property both real and personal for and during her natural life, which with the legacy hereinbefore given to her is to be accepted & received by her in lieu of dower, and my executor is to have charge and possession of said real and personal property and is to pay to her the annual interest rents and forfeits of the same.
Seventh. Upon the death of my wife the property mentioned in the next preceding sixth item shall be divided into four equal shares or parts, and I give devise and bequeath Stephen Smith, Charlotte Butts, Julia Smith, Francis Smith, Rufus Smith, Eliza Smith, and Edwin Smith, children of my half brother Tunis M Smith of Wayne County NY, one of said shares or parts to be equally divided between them. I also give devise and bequeath to Henry W Palmer & George Palmer of Newark Wayne County NY, children of my half sister Katy Palmer, one of said shares or parts to be equally divided between them. I also give devise and bequeath one of said shares or parts to Michael H Smith and William A Smith children of Henry W Smith my 1/2 brother: to be divided equally between them. I also give devise and bequeath one of said shares or parts to Eliza Ann Nichols wife of Ward Nichols, Abbey Miller wife of Tunis H Miller, Catharine Reid, formerly married to James Welch Jr., Melinda Allen, wife of Dwight Allen and Smith Reed children of my half sister Betsy Reid to be divided equally between them.
The one thousand dollars the interest of which is to be paid to Sylvester Smith as foresaid after, after his death and the two thousand dollars given to Angeline E Bassett in case the legacy thereof to her shall become void and of no effect as herein before stated shall be also divided into four parts and the same are hereby given and bequeathed to the same persons and in the same manner & proportions and share as is specified in this the 7th item of this will, but not until my wife shall have the use thereof as is specified in the sixth item.
Eighth. I give my executor power and authority to sell and convey any real or personal property if my wife shall desire it and invest the proceeds thereof in other real estate or in _________ securities for the use of my wife during her natural life and after her decease the substituted real estate or securities shall go and descend as in the 7th item specified
Ninth. I nominate and appoint Tunis H Miller my executor of this my last will and testament hereby revoking all former wills by me made.
In witness whereof I have hereunto set my hand & seal this sixth day of July one thousand eight hundred seventy two.
Walter Smith SS
The above instrument consisting of one sheet, was at the date thereof signed sealed published and declared by the said Walter Smith as and for his last will and testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.
Gersham Bulkley of Kinderhook Columbia County NY
Ranson Gardenier of Valatie Columbia County NY
Whereas I Walter Smith of Chatham County of Columbia State of New York have made my last will and testament which has date the 6th day of July 1872 Now therefore I do by this my writing which I hereby declare to be a codicil to my said last will & testament which is thereto comixed and to be taken as a part thereof order (and my will is) that my executor pay the funeral expenses of my brother Sylvister Smith in addition to the interest of one thousand dollars they are to pay him as in my said will is directed and specified.
Second I give and bequeath to my wife Jenette Smith the sum of eight hundred dollars to be her absolute property to be disposed of as she sees fit, which with the devisos (sic), legacies and gifts already given to her in my said will and which are hereby ratified & confirmed is to be accepted and received by her in lieu of dower. The said eight hundred dollars is to be paid to her after the expiration of three years after my decease, and my executor is hereby authorized & empowered to sell and convey any of my real and personal estate and property to raise the money to pay the said sum of eight hundred dollars and said executor is hereby required to invest the balance of the proceeds of said sale (if any there be) after paying the said eight hundred dollars to my said wife. And lastly it is my desire that this codicil be annexed to & made a part of my last will and testament as aforesaid to all interests & purposes.
In witness whereof I have hereunto set my hand and seal this eighteenth day of March in the year of our Lord one thousand eight hundred and seventy eight.
Walter Smith LS
The above instrument consisting of one half sheet was at this date thereof signed, sealed published and declared by the said Walter Smith as and for a codicil to his last will and testament in presence of us who at his request and in his presence and do in the presence of each other have subscribed our names as witnesses thereto.
Gersham Bulkley residing at Kinderhook Columbia County New York
Henry L. Manshot residing at Chatham Columbia County New York
Surrogate Court County of Columbia
In the matter of proving the last will and testament & codicil thereto of Walter Smith Deceased.
Columbia County SS Gresham Bulkley & Ranson Gardeneir each of the Town of Kinderhook in the County of Columbia being first duly sworn in open court on their oaths do depose & say that they are subscribing witnesses to the instrument now shown to them and purporting to be the last will and testament of Walter Smith late of the Town of Chatham in the County of Columbia aforesaid deceased & having date on the sixth day of July in the year of the Lord one thousand and eight hundred and seventy two That the deponents signed their names as witnesses to said instrument at the request and in the presence of the said Walter Smith and in the presence of each other That the deponents saw the said Walter Smith execute the said instrument and heard him declare the same to be his last will & testament at which time the said Walter Smith was upwards of twenty one years of age and of sound mind and memory and not under restraint to the knowledge or belief of the deponents. That the said Walter Smith is now dead and was at the time of his death an inhabitant of the Town of Chatham in the County of Columbia and State of New York.
Gersham Bulkley
Ranson Gardenier
Sworn before me on the 4th day of Jany 1879
Isaac W. Collin Surrogate
Columbia County SS
Gersham Bulkley of the Town of Kinderhook and Henry L Manshot of the Town of Chatham in the County of Columbia being first duly sworn in open court on their oaths do depose & say that they are subscribing witnesses to the instrument now shown to them purporting to be a codicil to the last will and testament of Walter Smith late of the Town of Chatham in the County of Columbia aforesaid deceased and bearing date on the eighteenth day of March in the year of our Lord one thousand eight hundred seventy eight. That the deponents signed their names as witnesses to said instruments at the request and in the presence of the said Walter Smith and in the presence of each other. That the deponents saw the said Walter Smith execute the said instrument & heard him declare the same to be a codicil to his last will and testament at which time the said Walter Smith was upwards of twenty one years of age, and of sound mind and memory & not under restraint to the knowledge or belief of these deponents that the said Walter Smith is now dead & was at the time of his death an inhabitant of the Town of Chatham in the County of Columbia & State of New York.
Gresham Bulkley
Henry L Manshot
Sworn before me the 5th day of Jany 1879
Isaac W. Collin Surrogate
Columbia County SS
Recorded the preceding last will and testament and codicil thereto of Walter Smith late of the Town of Chatham Columbia County NY deceased As a will of real and personal estate, with the proof relating thereto taken in the court of the Surrogate of the County of Columbia NY which received a duly signed and certified by me pursuant to the provisions of the Revised Statutes of the State of New York this 4th day of January AD 1879
Isaac W. Collins Surrogate.
