WILL: Peter H. Smith; Ulysses, Tompkins co., NY surname: Smith, Lockhart, Middaugh, Beardsley, submitted by Ken Smith (ksmith22 at mn.rr.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: September 13,2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 11.9 Kb ************************************************ Source: sampubco.com Tompkins County Will Book I, Page 345 Written: January 20, 1859 Recorded: July 13, 1864 WILL OF PETER H. SMITH Petition for Citation: To Hon. H. S. Walbridge, Esq. County Judge of Tompkins County: The petition of Cortland C. Smith respectfully showeth: That lately on or about the 7th day of March A. D. 1864, Peter H. Smith died at the Town of Ulysses in Tompkins County, being at the time of his death an inhabitant of said County of Tompkins: That the said Peter H. Smith deceased, left a certain instrument in writing, purporting to be his last Will and Testament, bearing date upon the Twentieth day of January in the year of 1859 which relates to both real and personal estate, and in said instrument your petitioner and Seuel C. Beardsley are named as executors. And which said instrument your petitioner verily believes to be the last Will and Testament of said Peter H. Smith deceased: That the said Peter H. Smith died leaving the following persons herein surviving, to wit: your petitioner, his son, of Ulysses Tomp. Co. N. Y.- Lucinda Lockhart of Ovid, Seneca Co. N. Y.- Angelina B. Middaugh, wife of Richard W. Middaugh of Owatonna, Steele Co. Minnesota- Phebe Beardsley, wife of Suel C. Beardsley of Odessa, Schuyler Co. N. Y.- Philancy Beardsley, wife of Roswell F. Beardsley of Waupun, FonduLac Co. Wisconsin- James A. Smith of Mecklenburgh, Schuyler Co. N. Y.- Sylvester C. Smith of Odessa, Schuyler Co. N. Y.- Amasa A. Smith of Lodi, Seneca Co. N. Y.- Ann L. Beardsley, wife of Burrough Beardsley of Odessa, Schuyler Co. N. Y.- The above are children of deceased, and all of full age- The deceased left no widow- The whole estate of deceased does not exceed in value $4000- The above are all and the only heirs at law, and next of kin of the said deceased: Your petitioner therefore prays that a citation may issue to the heirs at law, and next of kin to the said deceased, requiring them to appear before the said County Judge at his office in the Town of Ithica, in the County of Tompkins aforesaid, on some day to be named therein, at 10 o'clock in the forenoon of that day, to attend the probate of the said Will and Testament of the said Peter H. Smith deceased, that the said Will may be proved and recorded as a will relating to both real and personal estate, according to the forms of the Statutes of the State of New York in such case made and provided, and your petitioner as in duty boundwill ever pray, &c. Dated the 18th day of march A. D. 1864 Cortland C. Smith STATE OF NEW YORK, TOMPKINS COUNTY, ss: Cortland C. Smith, The above named petitioner being duly sworn upon his oath, says that the facts stated and set forth in the above petition by him subscribed are true according to the best of his knowledge, information and belief and further says not. Subscribed and sworn this 18th day of March A. D. 1864, before me Marcus Lyon, Notary Public Cortland C. Smith 5 cent Internal Revenue stamp affixed STATE OF NEW YORK, TOMPKINS COUNTY, ss: I, Cortland C. Smith do swear that I will faithfully and honestly discharge the duties of an Ececutor of the last Will and Testament of Peter H. Smith deceased. Subscribed and sworn this 18th day of March A. D. 1864, before me Marcus Lyon, Notary Public Cortland C. Smith 5 cent Internal Revenue stamp affixed Notice of mailing: Tompkins County ss: Marcus Lyon of said County being duly sworn, says that at Ithica, N. Y. on the 13th day of May 1864, he mailed a copy of the annexed citation, properly folded and directed, in an envelope, pre-paying the postage thereon, to the following persons at the following places, being the post office addresses of said persons respectively, to Angelina B. Middaugh, at Owatonna, Steele Co., Minnesota; to Philancey Beardsley of Waupun, Fondulac Co., Wisconsin; and further the deponent saith not. Subscribed and sworn to before me this 13th day of May 1864 Marcus Lyon Jerome Rowe, Notary Public 5 cent Internal Revenue stamp affixed Notice of delivery: State of New York, Tompkins County ss: Cortland C. Smith of the Town of Ulysses in said County being duly sworn says that on the 7th day of June 1864 he personally served the annexed citation by delivering a copy of said citation and serving the annexed on each in the Town of Lodi in the County of Seneca on the following named persons, to wit: Lucinda Lockhart, Phebe Beardsley, James A. Smith, Sylvester C. Smith, Amasa A. Smith and Ann L. Beardsley, and that the said persons so served are the same mentioned and discussed in the annexed citations. Subscribed and sworn Cortland C. Smith this 13th day of July 1864 before me H. S. Walbridge, County Judge 5 cent Internal Revenue stamp affixed Annexed Citation: The People of the State of new York; to the Heirs and next of kin of Peter H. Smith, late of the Town of Ulysses, Tompkins County, deceased, and especially to Lucinda Lockhart, of Ovid, Seneca Co. N. Y., Angelina B. Middaugh of Owatonna, Steele Co. Minnesota, Phebe Beardsley, of Odessa, Schuyler Co. N. Y., Philancy Beardsley of Waupun, Fondulac Co. Wisconsin, James A. Smith of Mecklenberg, Schuyler Co. N. Y., Sylvester C. Smith of Odessa, Schuyler Co. N. Y., Amasa A. Smith of Lodi, N. Y., and Ann S. Beardsley of Odessa, Schuyler Co. N. Y., Greeting: Whereas Cortland C. Smith, Executor named in the last Will and Testment of Peter H. Smith, deceased, has applied for the proof of the Will of said deceased, relating to both real and personal estate. You are therefore cited and required to appear before me, if you see fit to do so, at my office in Ithica, in the County of Tompkins, on the 13th day of July 1864 at ten o'clock in the forenoon, of that day, to attend the Proof of said Will. Wittness my hand and seal of office, this 13th day of May 1864 H. S. Walbridge, County Judge Proof of Will: At a Surrogate's Court, held for the County of Tompkins, at the office of the County Judge of the said county, in the Village of Ithica, on the 13th day of July in the year 1864. Present H. S. Walbridge, County Judge. Cortland C. Smith and Suel C. Beardsley named in the last Will and Testament of Peter H. Smith late of the said county, deceased, appeared for the purpose of proving said Will and having the same recorded according to law, and made satisfactory proof that the citation issued to the next of kin of the said deceased, had been duly served; and which citation has been returned and filed; and thereupon, An Instrument, purporting to be the last Will and Testament of Peter H. Smith, bearing date the 20th day of January in the year 1859, was produced in court, and shown to each of the persons sworn as witnesses, as herein after mentioned. Benjamin Lanning of the Town of Ulysses in the County of Tompkins being first duly sworn, deposeth and saith, that he was acquainted with the above mentioned Peter H. Smith, deceased, in his lifetime; that he saw the said Peter H. Smith, deceased, subscribe at the end thereof the instrument now shown to this deponent, purporting to be the last Will and Testament of the said Peter H. Smith, and above described, that he heard the said Peter H. Smith declare the same to be his last Will and Testament; that this deponent subscribed his name as a witness thereto and in the presence and at the request of the said Peter H. Smith, that the said Peter H. Smith was at the time, in the opinion and belief of this deponent, of sound mind and memory and not under any restraint, and that he was about seventy-five years of age; that he died on or about the 7th day of March in the year 1864, and was a resident of the Town of Ulysses, in the County of Tompkins at the time of his death, that deponent drew the said Will and on inspecting the same, says that it is now in the same condition that it was at the time it was executed. Sworn and examined before H. S. Walbridge, County Judge. Benjamin Lanning Henry Severns (?) of the Town of Ulysses in the County of Tompkins being first duly sworn, deposeth and saith, that he was acquainted with the above mentioned Peter H. Smith, deceased, in his lifetime; that he saw the said Peter H. Smith, deceased, subscribe at the end thereof the instrument now shown to this deponent, purporting to be the last Will and Testament of the said Peter H. Smith, and above described, that he heard the said Peter H. Smith declare the same to be his last Will and Testament; that this deponent subscribed his name as a witness thereto and in the presence and at the request of the said Peter H. Smith, that the said Peter H. Smith was at the time, in the opinion and belief of this deponent, of sound mind and memory and not under any restraint, and that he was about seventy-five years of age; that he died on or about the 7th day of March in the year 1864, and was a resident of the Town of Ulysses, in the County of Tompkins at the time of his death. Sworn and examined before H. S. Walbridge, County Judge. Henry Severns (?) Will of Peter H. Smith I, Peter H. Smith of tghe Town of Ulysses County of Tompkins and State of new York, being in usual health and of a sound disposing mind and memory, do make, publish and declare this my last Will and Testament in manner following, that is to say. First, it is my will and I do hereby direct that as soon as conveniently may be after my decease, all my just debts and funeral expenses be paid by my son Cortland B. Smith and also he is to get and to set up a suitable pair of gravestones for my grave. Second, I give and bequeath to my son Cortland C. Smith my farm consisting of fifty acres of land lying and being in the Town of Ulysses, county and state aforesaid. Bounded and described as follows, to wit: On the South bounded by land owned by David Smith, on the West by land owned by C. B. Owen, on the North bounded by land owned by J. C. Huson (?) On the East by land owned by David Smith and the Highway. On condition that on or before the expiration of two years after my decease he pays the following sums: to my son James A. Smith the sum of Two Hundred dollars $200. To my son Sylvester C. Smith the sum of One Hundred and fifty dollars $150. And to my son Amasa A. Smith the sum of Two Hundred fifty dollars #250. And also the following sums to my five daughters, to wit: to my daughters Lucinda Lockhart, Angeline B. Middaugh, Phebe Beardsley, Philancy Beardsley and Ann L. Beardsley each and every one the sum of Fifty dollars to be paid to them after the legacies are paid to my sons above mentioned. Third, I do hereby nominate and appoint Cortland C. Smith and Suel C. Beardsley to be my executors of this my last Will and Testament. In witness whereof I have set my hand and seal the twentieth day of January One Thousand Eight Hundred and fifty nine. Peter H. Smith The above instrument being one sheet was at the date thereof signed, sealed, published and declared by the Testator to be his last Will and Testament, in the presence of us who at his request, and in his presence and in the presence of each other have subscribed our names as witnesses. Benjamin Lanning of Ulysses Tompkins County New York Henry Severns (?) of Ulysses Tompkins County New York I hereby certify that the foregoing is a true record of the original last Will and Testment of Peter H. Smith late of the Town of Ulysses in the County of Tompkins and State of New York deceased and of the original proofs relating thereto. H. S. Walbridge, County Judge.