WILL: Jonathan Smith; Bolivar, Allegany co., NY surname: Smith, Robinson submitted by Ginette VandenOever (g1vanden @ airmail.net) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. *********************************************************************** Transcribed from SAMPUBCO copy by Ginette VandeOever Allegany County NY Will Book Vol. 14 page 415 Record of the Will of Jonathan Smith Last Will and Testament. I Johnathan Smith of the town of Bolivar county of Allegany and state of New York do make, and air, publish and declare this to be my last Will and Testament, in manner and form following, that is to say: First, I direct the payment of any just debts, if any. Second, I desire the payment of my funeral expense to be paid out of the profits and avails of my oil and gas interests in the ninety-four acres of land below willed and bequeathed to my grand-son Eddie E. Smith. I will and bequeath to my daughter Ruba A. Robinson, the use of the surface of all the land owned by me on lot twenty in the town of Bolivar Allegany county N.Y. during her natural life and at her death such land and real estate I will and bequeath to my daughter in law Nellie Smith, intended hereby that during her natural life the said Ruba A. Robinson shall have the benefit of the use of the surface of such land and real estate intending hereby and to give my said daughter Ruba A. Robinson any benefits or title to the oil and gas in, on or under the surface of said premises but willing and bequeathing all such oil and gas and the full and free rights to enter and occupy and produce the same to my grand-son Eddie E. Smith and to my daughter in law Nellie Smith each an equal one half thereof, and further granting unto them the complete right to sell and dispose of such oil and gas interest. I also give an equal one half interest in the oil and gas rights in and to the ninety-four acres herein below willed to Eddie E. Smith and to my daughter in law Nellie Smith, and to my grand son Eddie E. Smith and to each of them an undivided one half interest therein, with same rights to enter, occupy, sell and transfer it same as above. I will and bequeath to my grand son Eddie E. Smith the surface ninety- four acres owned by me on lot thirteen in the town of Bolivar Allegany county N.Y. excepting therefore the oil and gas as above willed. I will and bequeath to my daughter in law Nellie Smith my residence buildings and real-estate in the Village and town of Bolivar Allegany county N.Y. on south side of Wellsville shed bounded as follows: of lot No. 55 Term 1, Range 1, of Holland Land Co.'s survey; beginning at a point in the center of Wellsville Street 194, or3-4 feet from the intersection of the center of Kinkaid and Wellsville streets and which is the northeast corner of each lot occurring thence along the center of Wellsville street 84 ft. thence south 2 degrees west 142 ft. Thence south 88 degrees west 84 ft. to Mrs. Smith's S.E. corner. Thence North 2 degrees East along Mrs. Smith's East line 142 feet; to place of beginning. I will and bequeath to my daughter in law Nellie Smith all my entire household goods of every name and nature excepting cook-store clock, large chair, hanging lamp, set of silver knives and forks, my bed springs, mattresses and pillows, and I also give to her the second choice of the cows on my farm; I will and bequeath to my daughter Ruba A. Robinson the first of cows on my farm, to my grand daughter Belle Smith, I will and bequeath the third choice in cows and the hanging lamp. To my grand daughter Ruth Smith I will and bequeath the next choice in cows and the set of silver knives and forks. To my grand son's wife Dora Smith I will and bequeath the next choice in cows. To my grand son Eddie E. Smith I will and bequeath my bed, springs, mattresses and pillows. I also desire this to be a receipt to my said grand son Eddie E. Smith for the payment of fifty dollars I previously loaned him for which I have neither taken his note or charged him with any manner. To my grand son Wallace Smith I will and bequeath the hay scales near the grist- Mill. To my daughter in law Nellie Smith I will and bequeath all my remaining personal property of every name and nature and hereinabove disposed of. Likewise, I make, constitute and appoint James M. ______ of Bolivar to be the executor of this, by giving sufficient bond, my last Will and Testament, and I hereby revoke all former Wills by me made. In Witness Whereof, I have hereunto subscribed my name and affixed my seal the 17th day of Dec. in the year of our Lord One Thousand eight hundred and ninety-five. Jonathan Smith The foregoing instrument was at the date thereof subscribed by Jonathan Smith the testator, therein named, in the presence of us and each of us, he at the time of making such subscription acknowledged that he executed the same and declared the said instrument so subscribed by him to be his last Will and Testament. Whereupon we, at his request and in his presence, and in the presence of each other, do hereby subscribe and witness thereto. C. M. Williams F. A. Hulbert Be It Remembered, That on the day of the date hereof, the Last Will and Testament of Jonathan Smith, late of the Town of Bolivar in the County of Allegany and State of New York, deceased, being the within and foregoing written instrument, was duly proved before S. McArthur Norton, Surrogate of the said County, according to law as and for the Last Will and Testament of the real and personal estate of the said deceased, which said Last Will and Testament, and the proofs and examinations taken thereon, are recorded in this office. In Testimony Whereof, The Surrogate of the said County hath hereunto set his hand and affixed his seal of office this thirty first day of July A. D., 1896. S. M. Norton Date of death of Jonathan Smith June 19, 1896.