Deed & Wills
[Transcribed from SAMPUBCO COPY
by Bruce and Meredith Smith, 27 November 2005]
Will Book, Claverack Vol. B, page 39.
This twenty-first day of March One Thousand Seven Hundred and Ninety Six. I Johannis Smith of Claverack in the County of Columbia and State of New York yeoman being sickly but of a sound mind, memory and understanding and knowing the frailty of life and that it is appointed for all mankind to die and being desirous to put all things in order do make and publish this my last will and testament in order to dispose of such worldly estate as God hath pleased to bless me with in this world in manner following. First and principally I recommend my soul into the hands of the almighty God and my body to the earth to be interred in a decent and Christian like manner at the discretion of my wife and children hereinafter mentioned. In premis (sic) all my honest debts and funeral charges being first paid I do give devise and bequeath unto my loving wife Christina all of my real and personal estate wheresoever and whatsoever. To have and to hold unto her during her life provided she doth remain my widow and from and after her decease or from ano after her ceasing to be my widow I will and ordain, give, devise and bequeath unto my son Johannis all of my real estate in Claverack whereon I now do live. all my possession or pretention thereto to have and to hold. the said real estate together with the houses, outhouses, barn, parks, orchards, meadows, gardens and all other its appurtenances to have and to hold unto my said son Johannis, his heirs and assigns forever. Item: That certain lot of land which I have purchased of Ezra Dennis scituate (sic) lying and being in Charlotte I do give devise and bequeath unto my two sons Johannis and Petrus to have and to hold the said lot of land its appurtenances unto my said two sons Johannis and Petrus and to their heirs and assigns share and share alike. Item. I give and bequeath unto my said son Johannis the choice of two of the best horses, whether stallions, geldings, or mares, also the choice of two cows and five sheep, the waggon pleasure slay, woodslay, harrow and harrow tuths (sic) plough, iron chain, all the czeers (sic) belonging to the waggon, slays and plow. also all other farming utensils vizt, grind stone, axes, augers, wedges and all other implements belonging to the farming business and not mentioned yet. also one pair of best hand iron to have and hold unto my said son Johannis, his heirs and assigns. Item. My negroeman Tom I give and bequeath unto my sons Johannis and Petrus to have and to hold the same Negro man Tom unto my said two sons Johannis and Petrus and to their heirs and assigns forever to share and share alike. All my wearing apparel of whatsoever kind I will and ordain that they shall be divided among my said sons Johannis and Petrus to share and share alike. Item. All the remain and personal estate except what already is bequeathed to my sons Johannis and Petrus and which is then yet found to belong to my personal estate viz. my negroe wench negro wench named Phillis, all the bedding and furniture, tables, chairs, pots, kettles, drammels, coverlets, sheets pillows, cases, linen and woollen cloath, cows, horses, sheep, hoggs all and whatever may be found to belong to my personal estate and what not hath been before by me bequeathed to my sons Johannis and Petrus and which shall remain after my widow Christina her decease I will devise and bequeath unto my three daughters Cathalina, Christina and Guertze to have and to hold the said personal estate unto my said three daughters, their heirs and assigns to share and share alike and, lastly to have this my last will and testament properly executed according to the true intent and meaning thereof I do hereby nominate, constitute and appoint my son Johannis, my son in law Michael M. Herder and my trusty friend Wilhelmus Hurmanse to be my lawful executors of this my last will and statement. In testimony whereof I have hereunto set my hand and seal the day and year first above written. Johannis Smith /s/ Johannis Smith his hand writing.Signed, sealed, published and declared by the said testator as and for his last will and testament in the presence of us and in the presence of each other. /s/ Peter Brower, Benjamin Herder, Peter Wufsmere.
Columbiabe it remembered that on the first day of November in the Year of our Lord One Thousand Seven Hundred and Ninety Nine Peter Wussmer of the town of Claverack in the County of Columbia appeared before me Philip L. Hoffman Surrogate of the County of Columbia and being duly sworn says that he saw Johannis Smith sign and seal the within instrument purporting to be his last will and testament and heard him publish and declare the same as and for his last will and testamant that at the time of executing this he the (sic) Johannis Smith was of sound and disposing mind and memory to the best of the knowledge and belief of the deponent and that Peter Brower, Benjamin Herder and the deponent severally subscribed the said will in the presence of the testator.
/s/ Ph. L. Hoffman
ColumbiaBe it also remembered that on the said first day of November in the said Year of our Lord One Thousand Seven Hundred and Ninety Nine Johannis Smith one of the executors in the above will named appeared before me Philip L. Hoffman Surrogate of the County of Columbia and was duly sworn to the true execution and performance of the said will by taking the oath by law appointed.
/s/ Ph. L. Hoffman
The people of the State of New York by the grace of God and free & independent to all whom these presents shall come or may concern send greetings. Know ye that at Claverack in the County of Columbia on the date hereof before Phillip L. Hoffman Esquire, Surrogate of our said County the last will and testament of Johannis Smith deceased (a copy whereof is hereunto annexed) was proved and is now approved and allowed of by us the said deceased having whilst he lived and at the time of his death goods, chattels, and credits within this state by means where the provings and registering the said will and the granting administration of all and singular the goods, chattels and credits and also the auditing allowing and final discharging the account thereof doth belong unto us; the administration of all and singular the goods, chattels and credits of the said deceased and any way concerning his will is granted unto Johannis Smith one of the executors in the said will named he being first duly sworn will faithfully to administer the same and to make the exhibit true and perfect inventory. Of all and singular the said goods, chattels and credits and also to render a just and true account thereof when thereto required In testimony whereof we have caused the seal of office of our said Surrogate to be hereunto affixed. Witness /s/ Philip L. Hoffman Esquire Surrogate of the said County at Livingston the 7th day of November in the Year of our Lord One Thousand Seven Hundred and Ninety Nine and of our independence the Twenty Fourth. /s/ Ph. L. Hoffman