Wills
Transcribed and submitted by L. Hess
Will of David Smith
Orange County NY, Liber A p5
In the Name of God Amen, the tenth day of June in the Year of our Lord onethousand seven hundred eighty-three, I, David Smith, of Smith's Clove in Orange County, being weak n body but of perfect mind and memory, thanks be given unto God, therefore, calling unto mind ye mortality of my body and knowing that it is appointed for all men once to die, I make and ordain this my Last Will and Testament that is to say predicable (precept?) and first of all I give and recommend my soul unto ye hand of the Almighty God that gave it one and my body I recommend to the Earth to be buried in a decent Christian burial at ye desecration of my executors, nothing doubting but at the general Resurrection I shall receive ye same again by the mighty power of God and as and touching such worldly Estate Where with it has pleased God to bless me with in this life, I give devise and dispose of the same in the following manner and first I give and bequeath to my son David Smith two pound ten shillings to be levied out of my estate and I give to his son, Solomon Smith two pounds ten shillings to be levied out of my estate and I give to my son Hophni Smith my dwelling houses and orchards and barns and mills and two hundred acres of land. For giving said orchards and buildings entirely and the two thirds of all the rest of my lands to him and his heirs forever. And I give unto my son Julius Smith's two sons Uriah Smith and Gye Smith one third to them and their heirs forever but they nor their guardians shall dispose of it nor profit it - til Gye Smith comes of age, but Hophni Smith shall have the care of it till they both come of age and after all my debts are payd , I give and bequeath to my granddaughters Ester Little, Mary Tucker, Viney Hear (?), and Julius ( the writing is unclear it could also read Julia which would account for the Smiths, Turnover at the end as well) Smith's four daughters Rachel, Julianah, Rebacha, Sarah Smiths, Turnover and Samuel Smith, son of Claudius Smith and Hophni Smith all my moveables except one yolk of oxen and two of the best horses, I give to Hophni Smith over and above and I make my son Hophni my Executor. Ratifying and confirming that this is my last will and testament , in witness thereof, I hereunto set my hand and seal ye day above written. Signed and sealed in the presence of us: Aaron Cunningham, Timothy Smith, John Smith.
David X Smith
his mark
And do I give and bequeath to my grandaughters Sarah Smith twenty pounds and to her sister Rebacha Smith I give ten pounds and the above thirty pounds is to be paid out of the rent of the farm that Aaron Cunningham now rents and this is part of the above Will. In Witness thereof I here unto set my hans and seal this eighteenth day of September in the year of our Lord 1783
Aaron Smith, Timothy Smith, John Smith
David X Smith
his mark
Orange County Surrogate; Be it remembered that on the twenty second day of June in the Year of our Lord one thousand seven hundred and eighty seven , personally came and appeared before me james Everett, Surrogate of the said County of Orange, Aaron Cunningham of the precinct of Cornwall in the said county yeoman and upon his affirmation did declare and affirm that he did see david Smith, late of the said precinct of Cornwall deceased, make his mark to and seal the written testament then shown unto him of which the above is a true copy purporting to be the Last Will and Testament of said David Smith bearing date the tenth of June in the year of our Lord One thousand seven hundred eighty- three and eard him publish and declare the same as and for His Last Will and Testament. That at the time thereof the said David Smith was of a sound disposing mind and memory to the best of the knowledge and belief of him the affirmant and that he the affirmant did farther affirm and declare that he did see the said David Smith make his mark and Seal to the Codicil under the said will written, and heard him publish and declare the same as a Codicil to his will that at the time thereof the said David Smith was of a sound disposing mind and memory to the best knowledge of him, the affirmant and that he the affirmant together with Timothy Smith and John Smith subscribed their names as witness there unto in the presence of the said David Smith
The People of the state of New York, by the Grace of God, free and independent. to all to whom these presents shall come or may concern send Greeting. Know ye that at Goshen in Orange County on the twenty seventh day of June in the year of our Lord one thousand seven hundred and eighty-seven, before James Everett Esq. Surrogate of our said County the last will and testament od David Smith deceased ( a copy whereof is hereunto annexed) was proved and is now approved and allowed of by us and the said deceased having whilst he lived and at the time of his death goods chattels or credits within this state by means whereof the proving and registering the said will and in the granting administration of all and singular the goods chattels and credits and all the auditing, allowing and final discharging the account thereof doth belong unto the administration of all and singular the goods chattels and credits of the said deceased and any way concerning his will is granted unto Hophni Smith one of the Executors in the said will named for being first duly sworn well and faithfully to administer the same and to make and exhibit a true and perfect inventory of all and singular the goods chattels and credits and also to render a just and true account thereof when therunto required. In testimony whereof we have caused the seal of office of our said Surrogate to be hereunto affixed. Witness James Everett Esquire, Surrogate of the said county at Goshen the twenty seventh day of June in the year of our Lord one thousand seven hundred and eighty seven of our independence the eleventh.
The preceding is a true copy of the will of David Smith deceased and of the codicil annexed to the said will and of the Certificate of proof of the said will and codicil and of the letters testament thereon.
James Everett Surrogate
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