HARALSON COUNTY, GA - WILLS - Thos. C. Smith

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WILL BOOK A, PAGE 145-149 

(Note by transcriber: This will includes property located in Tallapoosa GA that was probably purchased during the “boom’ years when Tallapoosa was promoted as a resort health area. It does not give the address of the property)

STATE OF GA, HARALSON CO.               

WILL OF THOS. C. SMITH
STATE OF NEW YORK   

The People of the State of New York
To all to whom these presents shall come or may concern, Greeting:
Know ye, that we having examined the records and
files in the office of the Surrogate of the County
of Kings, do find there remaining a certain of the
will and of the Decree admitting same to probate in
the matter of the probate of the last Will and
Testament of THOS. C. SMITH, deceased in the words
and figures following, to wit: The last will and
testament of Thos. C. Smith.  

I, Thos. C. Smith, of Greenpoint in the borough of
Brooklyn, City of New York, do make, publish and
declare this my last Will and Testament namely:

First: I give to my wife, Margaret E. Smith, all my
furniture, plate books, pictures and other articles
of household use or ornament which at my decease may
be in or appartenant to our residence, and all my
wearing apparel, and personal ornaments excepting,
however, that I give to my son Chas.  My Portrait
which has been in the 17th Ward Bank.

Second.  I give devise and bequeath to my son, Chas.
H. L. Smith, absolutely and in fee my factory and
factory lands and permises, being all my lots of
land with the buildings and improvements thereon,
situated in the block bounded by and between Eckford
St., Oakland St., Calyer St., and Greenpoint Ave. at
Greenpoint in the Borough of Brooklyn, City of New
York, and also my twelve or more lots of land with
the improvements thereon situated on the Easterly
side of Oakland St., opposite the said block, and
also my Quarry and mining lands and property at
Branchville, Conn. And also all my share and
interest of and in the business of manufacture and
sale of Porcelain an similar articles no carried on
by son Chas. And me as Co-partners at Greenpoint
aforesaid under the firm name of Thos. C. Smith and
C. H. L. Smith and in condition that such shall be
in at my decease and the stock materials and
machinery which shall then belong or appertain
thereto, and all sums and property then or
thereafter receivable from the same, subject,
nevertheless, to all debts and sums then or
thereafter payable or for which I may in any wise be
liable in or for what account of such business or
secured by mortgage or other lien upon the land and
permises described in this article or any part or
parts thereof.

And I also give and devise to my son Chas.
Absolutely and in fee my stores and lots of land on
the Northerely side of Milton St., and taken
together extending along the same 200 feet westerly
from Manhatten Ave. in the said Borough of Brooklyn.

Third: I give and devise my five houses and lots
known by St. and N0s. 119 and 127, and 129, and 131
and 133 Milton St. at Greenpoint in the Borough of
Brooklyn aforesaid, and also my three houses and lot
s known by St. Nos. 143 and 145 and 149 Milton St.,
and also the premises known as Keramas Building at
the Southwesterly Corner of Milton St. and Manhatten
Ave. and having a width on Milton St. of 91 feet in
the same Borough to my wife Margaret E. Smith to be
held and enjoyed by her during her natural life, and
upon her decease, I give and devise the same
aboslutely and in fee to my daughter Pastora Chase
or if she shall then be deceased to her then living
children, or the ten living lawful issue of any
child of hers theretofore deceased, such issue of a
deceased child in any case taking per Stirpes the
share which their parents would take if living.

Fourth.  I give and devise to my wife Margaret E.
Smith my dwelling house known by St. No. 140 Milton
St., at GreenPoint the the Borough of Brooklyn
together with the outbuildings and lots fenced
therewith or forming the curtilage thereof to be
held and enjoyed by her during her natural life, and
upon her decease, I give and devise the same
absolutely and in fee to my son Chas. H. L. Smith or
if he be then deceased, to his then living children,
and the then living lawful issue (taking per
Stirpes) of any child of his theretofore deceased.

Fifth.  I give and devise to my grand children Chas.
S. Chase and Franklin M. Chase absolutely and in fee
all my interest or estate in lands in the State of
Georgia.

Sixth.  I direct that there be paid to my daughter,
Ida during her natural life in monthly or other
convenient installments the annual sum of six
hundred dollars and that such payments be made to
her by my son Chas. By reason of devises made in
this will to him other than my factory premises and
it not being my wish to encumber what is thus
devised to him with a charge or lien for such
annuity.  I direct that his personal bond to my
daughter shall be deemed a full and sufficient
substitute for any such encumbrances, and that such
bond can be executed by him and deposited with any
trust Co. n the city of New York for her benefit or
be delivered directly by him to my daughter, Ida, as
he may deem most advisable.

But, the said bond is to expressly provide that no
annuity payment shall be payable to any assignee of
my said daughter and that the said bond shall not be
obligatory upon my son Chas. In favor of any
assignee or transferee thereof, or any or either of
the sums payable thereunder.  

Seventy: I give devise and bequeath all residue of
my estate and property of every kind soever and
wheresoever situated or to which I may die siezed
possessed or entitled to the executors of this my
will and the survivors or the survivor thereof and
their or his successors upon Trust nevertheless for
the purposes hereinafter indicated.  The Trustees
are to receive and collect the rents and other
income thereof and are to apply the next income
realized therefrom to the use of my wife Margaret E.
Smith during her natural life.  And from and after
the decease of my wife the trustees are to apply the
net income realized from the one quarter part of
such residuary estate to the use of my daughter,
Ellen H. Corwine during her remaining natural life,
upon her deceased the trustees are to payover
transfer or convey such one quarter absolutely in
fee then to her living child or children and the
then living lawful issue (taking per stirpes) of any
child of hers theretofore deceased, and upon the
decwease of my wife, I give devise and bequeath the
remaining three quarters of such residuary
absolutely and in fee to my daughter Pastora or if
she shall be then deceased to her then living
children and lawful issue (taking per stirpes) of
any child of hers theretofore deceased.

Eighth: I appoint my wife Margaret E. Smith and my
Son Chas. H. L. Smith and my friend Wm. H. Webster
to be the executors of this my will and such of them
as shall qualify and act are empowered to perform
the trust, and exercise the power given to my
executors by this my will. And I empower them in
their discretion and at such time or times and in
such mode and upon such credit or terms as they may
deem expedient to sell and convey any real estate or
interest in real estate held by them in trust or to
lease from year to year or for a term or terms of
years any such real estate.  And in making
investments the trustees are not to be confined to
what are know as approved securities, but may also
in their discretion retain investments left by me
and not hereinbefore specifically be bequeathed) or
invest in obligations of any city, town or county
within the state of New York or the state of New
Jersey or secured by mortgage of any dividend paying
rail way co., with the United States of America,

Ninth: The devise of lands and premises by this last
will is to be treated as subject to the lien of any
mortgage executed by me which shall then be upon the
premises devised.

Tenth: In case by refusal to act or death of all the
persons hereinbefore named for executors or from
other cause, the office of trustee shall become
wholely vacant, I appoint the Brooklyn Trust Co.,
Trustee to fill the vacancy.

Lastly: The provisions of this my will in favor of
my wife are intended and are to be in lieu of all
claims of her by dower in my estate.  And I revoke
all former or other wills made by me.

In witness whereof, I hereto set my hand and seal at
Greenpoint in the City of New York, on the 30th day
of December in the year of our Lord Nineteen
hundred.  

THOS. C. SMITH

(In the 8th article, the word paying inserted after
“dividend”) ( In 9th Article the word “in” changed
to ‘of’ in 1st line.
Witnesses George D. Hamlin, 143 Kent St., Brooklyn
    Albert L. Perry, 180 Calyer St., Brooklyn, N. Y
    B. M. Richardson, 151 Milton St., Brooklyn