Wills
Transcribed and submitted by L. Hess
Will of Samuel Smith,
p159-165, Liber J 1 Mar 1830- 19 Sep 1836
In the name of God, Amen. I, Samuel Smith, of the town of Monroe, in the County of Orange & State of New York, considering the uncertainty of this mortal life; and being of sound and perfect mind and memory (blessed be almighty God for the same), do make and publish this my last will and testament in manner and form following.
First I do will and order that al my lawful debts and funeral charges be paid out of my personal property; Then I give unto my Grandson, David Smith,(son of David Smith, deceased), of the residue of my personal property the sum of one dollar. I then do give and bequeath all the rest, residue and remainder of my personal property unto my three daughters, Elinor Holbert, Hannah Mickens, and Ann Hunter (to be equally divided excepting the best coverlet which belongs to the bed on which I sleep that I do give to my daughter Ann Hunter; and the bed on which I sleep with the residue of the bedding belonging thereto, I do give and bequeath it unto my grandaughterr Martha Meekins.
These several legacies I will and order shall be paid to the said and respective legatees within one year after my decease.
As to my freehold estate, I give and devise unto my two sons James Smith and Jesse smith and to my two grandsons, Samuel Smith and William Smith, their heirs and assigns, All that part of my homestead farm lying within the following described boundaries (as lately marked out by myself, & my son Hophni Smith and the Rev. Hosea Ball) Beginning at the corner of Robert Arnold and Joseph Fitsgeralds land in the southerly line of my farm then following a straight course northeasterly to a small white ash tree(blazed and notched on two sides) standing on the north bank of a brook near the road that leads from my dwelling house to the Valley road_ thence along down the brook to a small Rock Oak Tree(blazed and notched on two sides) standing on the north bank of said brook by a fall of the waters and near the road that leads to the Valley road_ thence a straight corner northerly to a Rock Oak tree (blazed and notched on two sides) standing on a high bank on the westerly side of a small rill of water near a large sugar maple tree standing at the north end of a large rock or ledge to an Ironwood tree(blazed and notched on two sides standing in the wood near the gap in the fence that leads from side hill lot into spring lot _ thence a straight corner to a sugar maple tree blazed and notched on two sides and from thence keeping the same course to John Gray's line thence southerly following my line round to the place of beginning. To have and to hold unto them (the said James Smith, Jesse Smith, Samuel Smith and William Smith) their heirs and assigns forever.
The remaining part of my homestead farm I give and devise unto my son Moses Smith, his heirs and assigns forever (upon the consideration that he, the said Moses Smith shall shall within three years after my decease pay to my executors the sum of sixty dollars to be added to my personal property and by them dispense according to the directions I have given above in relation to my personal estate) to have and to hold the same ( all the rest residue and remainder of my homestead farm not herin otherwise disposed of) unto him the said Moses Smith, his heirs and assigns forever (I hereby recognize the children he had by his former wife Patty as well as those he has by the last wife Jane as heirs)
Lastly, as to all the rest residue and remainder of my freehold estate, together with the residue of my right title and interest in Lot No 3 in the subdivision of Big Lot #12 being one equal fourth part undivided of said Lot No 3 except seventy acres in said fourth part which I have sold to Peter Townsend Jr. I give and bequeath unto my two sons Moses Smith and Hophni Smith their heirs and assigns forever. To have and to hold this same unto them the said Moses smith and Hophni Smith their heirs and assigns forever.
I do hereby revoke all former wills by me made and appoint my son Hophni Smith and my grandson William Smith executors of this my last will and testament. In witness whereof I have hereunto set ma hand and seal this the first day of March, in the year of our Lord, one thousand, eight hundred and thirty.
Samuel Smith. his seal.
Witness: Hosea Ball, Austin H Vail , Sarah Ball
I Samuel Smith the within testator do this day revoke that part of this written wil of mine by which my son Moses smith is required to pay sixty dollars to be added to my personal estate and in return and in relation to my personal estate I will and ordain that if at my decease any of the money should remain due (or be on hand) for which I sold land to Lewis H Roe, I give the same to my son Moses SMITH providing that it should not amount to more than two hundred dollars; but if it should amount to more than two hundred dollars then allover the two hundred dollars is to go with my personal property agreeable to the provisions of within will. In witness whereof I do set may hand and seal this fifteenth day of May eighteen hundred thirty five. Samuel Smith
Witness, Hosea Ball, Greenburgh
Albert Smith, Monroe
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