Columbia County,

New York

Deed & Wills

[Transcribed from SAMPUBCO COPY

 by Bruce and Meredith Smith, 5 December 2005]

Will

of

Mary E. Smith

Will Book, Clermont Vol. W, page 768. 

Record of the last will and testament and codicil thereto of Mary E, Smith, late of the town of Clermont, Columbia County, N.Y., deceased, as a will and codicil thereto valid to pass real and personal together with the proofs relating thereto taken in the Surrogate’s Court of the County of Columbia, N.Y., and the decree admitting said will and codicil to probate recorded October 4^th. 1900.

     Codicil dated October 18^th 1899. 

     I, Mary E, Smith, town of Clermont, Col., N.Y., being of sound mind and memory do make, and declare this my last will and testament in relation to my property.   I give, devise and bequeath to my nephews, Henry H. Allen J., and Paul Allen all my property both money and real estate each to have equal share after my expenses for the first class burial situated in the Town of Clermont, Col. Co., N.Y., bounded on the east by land owned by Frank Rockefeller on the north by land of William H. Smith on the west by land owned by Stephen Smith and public road containing my share of fruit trees and rest of real estate belonging to me by deed dated the 24^th day of May, 1890 (this include my share.  I hereby nominate and appoint Mrs. Alida Allen and Henry H. Allen to be the sole executors of this my last will and testament hereby revoking all former wills & testament by me made.  In witness thereof I have hereunto set my hand and seal this 1899 – Oct. 18.  Witness to the codicil

            E. C. Blair

            Margene Blair

Continuation of codicil October of 1899  Furniture to be left at the old homestead while the three sisters live at the place, after their death or leaving divide between Paul Allen and Harry H. Allen Jr.  /s/ Mary E. Smith  Witnessed by Belinda Smith and Mrs. Alida A. Allen.  Surrogate Court - - County of Columbia

in the matter of proving the last will and testament and codicil of Mary E. Smith deceased

Columbia County ss;  Elizabeth C. Blair of the Town of Germantown and Margene Blair of theTown of Germantown in the County of Columbia being first duly sworn in open court on their oaths do depose and say that they are subscribing witnesses to the instrument now shown to them purporting to the last will and testament of Mary E. Smith, late of the Town of Clermont in the County of Columbia aforesaid deceased and bearing date on the eighteenth of October in the year of our Lord one thousand eight hundred and eighty nine.  That the deponents subscribed their names to the said instrument at the request and in the presence of the said Mary E. Smith and in the presence of each other.  That the deponents saw the said Mary E. Smith execute the said instrument and heard her declare the same to be her last will, and testament at which time the said Mary E. Smith was upwards of twenty one years of age and of sound mind and memory and not under restraint to the knowledge and belief of these deponents.  That the said Mary E. Smith is now dead and was at the time of her death an inhabitant of the Town of Clermont, in the County of Columbia and State of New York.  Sworn to me this 7^th day of September, 1900. 

Elizabeth C. Blair

Margene Blair

                        John V. Whitbeck, Surrogate

Surrogate’s Court, Columbia County, ss:

Belinda Smith of the Town of Germantown in the said county, being first duly sworn deposes and says, that she is a subscribing witness to the instrument now shown to her purporting to be a codicil to the last will and testament of the said Mary E. Smith deceased, and bearing date on the _______ day of October, 1899, that the deponent and Alida Allen the other subscribing witness signed their names as witnesses to said instrument at the request and in the presence of the said Mary E. Smith and in the presence of each other.  That the deponent saw the said Mary E. Smith execute the said instrument and heard her declare the same to be her last will and testament at which time the said Mary E. Smith was found to be of sound mind and memory, of full age and not under any restraint according to deponent’s best knowledge and belief; that the said Mary E. Smith is now dead was a citizen of the United States and was at the time of her death an inhabitant of the Town of Germantown in the County of Columbia and State of New York.  Subscribed and sworn before me this 4^th day of October 1900.

            Belinda Smith

                        John B. Whitbeck, Surrogate

Surrogate’s Court Columbia County ss:

Alida Allen of the City of the City of New York, Burough of Brooklyn of the County of Kings being first duly sworn deposes and says that she is a subscribing witness to the instrument now shown to her purporting to be a codicil to the last will and testament of Mary E. Smith deceased, and bearing the date on the day of October in the year of our Lord one thousand eight hundred and ninety nine.  That the deponent and Belinda Smith the other subscribing witness, signed their names as witnesses to the instrument at the request and in the presence of the said Mary E. Smith and in the presence of each other; that the deponent saw the said Mary E. Smith execute the said instrument and heard her declare the same to be a codicil to her last will and testament, at which time the said Mary E. Smith was of sound mind and memory, of full age, and not under any restraint according to deponent’s best knowledge and belief; that the said Mary E. Smith is now dead was a citizen of the United States and was at the time of her death an inhabitant of the Town of Clermont in the County of Columbia and State of New York.  Subscribed and sworn before me this 7^th day of September 1900.

            Alida Allen

                        John V. Whitbeck, Surrogate

At a Surrogate’s Court held in and for the County of Columbia County, at the Surrogate’s Office in the City of Hudson, pm the 4^th day of October 1900 present the Surrogate

  In the matter of the last will and testament of Mary E. Smith

On the application of Alida Allen and Henry H. Allen Jr., executors named in said will and on filing due proof of service of citation on the heirs at law and next of kin of the deceased there being no husband and all being of full age, and after hearing the proofs and it appearing that the said will and codicil thereto were being duly executed; that the testatrix was at the time of making the said will and codicil thereto in all respects competent to make the same and was not under any restraint.

            It is ordered and decreed that said will bearing date Oct. 18^th 1899, and the codicil thereto dated Oct. - - - 1899, be and the same hereby are admitted to probate as a will and codicil thereto valid to pass real and personal property and that the same with the proofs relating thereto be recorded accordingly, the probate of said will and codicil thereto not having been contested.

            Ordered further, that letters testamentary thereof issued to the said Alida Allen, & Henry J. Allen Jr. they having taken and filed the oath prescribed by law.

            John V. Whitbeck, Surrogate

Columbia County, ss:

Recorded the preceding last will and testament and codicil thereto of Mary E. Smith late of the Town of Clermont, Columbia County, N.Y. deceased,  as a will and codicil thereto valid to pass real and personal property with the proofs relating thereto taken in the Surrogate’s Courth  of the County of Columbia, N.Y., and the decree submitting said will and codicil to probate, which record is hereby signed and certified by me pursuant to the provisions and statutes of the State of New York this 4^th day of October 1900.