Columbia County,

New York

Deed & Wills

[Transcribed from SAMPUBCO COPY

 by Bruce and Meredith Smith, 15 May 2006]

Will

of

William H. Smith

Clermont Will Book Vol. X, page 130.

Record of the last will and testament of William H. Smith, late of the Town of Clermont, Columbia County, NY deceased as a will valid to pass real and personal property together with the proofs relating thereto taken in the Surrogate’s court of the County of Columbia, NY, and the decree admitting said will to probate.

        In the name of God, Amen; I William H. Smith of the Town of Clermont, in the County of Columbia and the state of New York at the age of Seventy five years and being of sound mind and memory, do make, publish and declare this my last will and testament in the manner following, that is to say. 

      First:- I give, bequeath and devise my homestead on which I now reside containing 15 acres and one half of land excepting and reserving so much as is necessary hereinafter mentioned – to my five Daughters, Jane, Helen, Mary E., Elizabeth, and Alida, to be equally divided between them share and share alike.  The share of my daughter Helen after her death and what is left to be equally divided to her sisters then living, share and share alike. 

      Second:- I give, bequeath and devise the remainder of my real estate of said farm containing one hundred and fourteen acres of land to my four sons Stephen M., Henry, Ephriam, and Hamilton, to be equally divided between them share and share alike.  

      I do hereby appoint my son Stephen M. as a guardian of trust for the protection of the share of my son Ephriam as above stated. 

      And Lastly, I do hereby order my executor to pay all of my debts and funeral with my personal property of every name and nature or what kind soever, if not enough to pay said debts and expenses then and in that case the balance is to be taken out of my homestead property of real estate willed to my five daughters as above stated. 

      And I do hereby nominate and appoint Wm. L. Fraleigh to be the executor of this my last will and testament thereby revoking all former wills by me made. 

      In witness whereof, I have hereunto set my hand and seal this 23rd day of November in the year of our Lord one thousand eight hundred and eighty three.

                                                            William H. Smith  (L.S.)

The above instrument consisting of one sheet was at the date thereof declared to us by

William H. Smith the testator therein mentioned to be his last will and testament; and he at the same time acknowledged to us and each of us that he had signed and sealed the same and we thereupon, at his request and in his presence and in the presence of each other signed our names thereto as attesting witnesses.

      Charles C. Moore, residing at Clermont, in Columbia County

      Wm. L. Fraleigh Jr., residing at Clermont, in Columbia County