WILL: Anson Smith; Salamanca, Cattaraugus co., NY surname: Smith, Bigelow submitted by Sarah Sully (shewires @ aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: June 15, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.7 Kb ************************************************ Source: Sampubco photocopy Cattaraugus County, NY Will Book #9 Page 430 Written: April 30 1885 Recorded: May 7 1885 At a Surrogate's Court, held in and for the County of Cattaraugus, at the Surrogate's office in Salamanca on the fifth day of June A. D. 1885 Present Alfred Spring Surrogate IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF Anson Smith Deceased On the seventh day of May A. D., 1885 Frances A. B. Smith sole executrix named in a certain instrument in writing, purporting to be the Last Will and Testament of Anson Smith late of Salamanca in said county, deceased, applied in this Court to have the said instrument, which relates to real and personal estate, proved as the Last Will and Testament of the said deceased; and thereupon the Surrogate of said County did ascertain by satisfactory evidence the facts required by law, and did issue a Citation in due form of law, directed to the proper persons, by their respective names, and stating their places of residence, requiring them to appear before him at his office in Salamanca in said County, on the 21st day of May A. D. 1885 to attend the probate of the said instrument. And afterwards, to wit, on the day and at the place last aforesaid, due proof by affidavit was produced and filed in said Court, of the service of the said Citation in the mode prescribed by law, and the said applicant appeared in person and Spencer J. Whipple Atty at Law was duly appointed and appeared as special guardian of George A. Smith a minor heir at law and next of kin and no other parties or persons appearing, such prodeedings were thereupon afterwards had on the said 18 (21st) day of May that the said Surrogate took the proof in support of the said instrument as follows: Surrogate's Court County of Cattaraugus in the matter of proving the will of Anson Smith deceased. Richard Malone of the Town of Salamanca in the County of Cattaraugus aforesaid being duly sworn does depose and say that he is one of the subscribing witnessesto the last will and testament of Anson Smith late of the town of Salamanca in the County of Cattaraugus aforesaiddeceased. And this deponent further says that the said Anson Smith, the said testator, did in the presence of this deponent and one Freeland subscribe his name at the end of this instrument which is now shown and exhibited to this deponent which purports to be the last will and testament of the said Anson Smith and which bears date on the 30th day of April 1885 and this deponent further says that the said testator did at the said time of subscribing his name as aforesaid at the end and will declare the said instrument so subscribed and now exhibited to be his last will and testament and this deponent and the said A. S. Freeland did therefore subscribe their names at the end of the said will as attesting witnesses thereto in the presence and at the request of the testator and this deponent further says that at the time when the said testator subscribed his name to the said last will as aforesaid and at the time of this deponent and said Freeland subscribing their names as attesting witnesses thereto as aforesaid, the said testator was of sound mind and memory and of full age to execute a will and was not under any restraint and that the said will now appears in all respects as when executed without any alteration whatsoever. Subscribed and sworn before me this 21st day of May 1885. Richard Malone. Alfred Spring Surrogate. IN THE MATTER OF PROVING THE WILL OF Anson Smith Deceased A. S. Freeland of the town of Salamanca in the County of Cattaraugus aforesaid, being duly sworn does depose and say that he is one of the subscribing witnesses to the Last Will and Testament of Anson Smith deceased, late of the town of Salamanca in the County of Cattaraugus aforesaid, deceased. And this deponent further says that the said Anson Smith, the said testator did, in the presence of this deponent and Richard Malone subscribe his name at the end of the instrument which is now shown and exhibited to this deponent which purports to be the Last Will and Testament of the said Anson Smith and which bears date on the 30th day of April in the year of our Lord one thousand eight hundred and eighty-five. And this deponent further says that the said testator did, at the time of subscribing his name as aforesaid, at the end of said Will, declare the said instrument so subscribed and now exhibited to be his Last Will and Testament; and this deponent and said Richard Malone did thereupon subscribe their names at the end of the said will, as attesting witnesses thereto, in the presence and at the request of the said testator. And this deponent further says that at the said time whenthe said testator subscribed his name to the said Last Will, as aforesaid, and at the time of this deponent and said Richard Malone subscribing their names as attesting witnesses thereto as aforesaid, the said testator was of sound mind and memory and of full age to execute a will, and was not under any restraint. And that the said Will now appears in all respects as when so executed, without any alteration whatsoever. A. S. Freeland. Subscribed and sworn, this fifth day of June 1885, before meAlfred Spring Surrogate of Cattaraugus County. In the Same Matter: On reading and filing due proof of the service of the citation issued in this matter, and upon due proof of the execution of the paper propounded as the last Will and Testament of Anson Smith late of the town of Salamanca in said county, deceased, bearing date the fifth day of June 1885, heirs at law and next of kin appearing in person, and George A. Smith infant heir at law and next of kin of said deceased, appearing by Spencer J. Whipple Atty at Law his Special Guardian, duly appointed for such purpose, and it appearing by such proof that the said will was duly executed, that the testator at the time of exzecuting the same was of full age for making a will, was of sound mind and memory, and not under restraint, and in all respects competent to devise real estate and the probate thereof not having been contested, it is ordered adjudged and decreed that the said paper purporting to be the last will and testament of the said Anson Smith, deceased was duly executed to pass real and personal estate, and that the same with the proofs thereof be recorded and admitted to probate as a will of real and personal estate. Witness, Alfred Spring Surrogate, and the seal of the Court the day and the year above written. Alfred Spring Surrogate. The last will and testament of Anson Smith of the town of Salamanca county of Cattaraugus and state of New York. I, Anson Smith, aware of the uncertainty of life do make, ordain, publish, and declare this my last will and testament in manner and form following, that is to say: After the payment of my funeral charges, the expense of administering my estate, and my lawful debts, I give and bequeath my property as follows First; I give and bequeath to my son Wells B. Smith the sum of two thousand dollars and to my son George A. Smith the sum of two thousand dollars, the above bequests to be paid by my executrix hereinafter named out of any money or property belonging to my said estate that shall come into her hands providing however that the said bequest to my son George A. Smith shall not be paid over to him until he shall arrive at his majority. Second; I give and bequeath to my wife Frances A. B. Smith absolutely all the rest, residue and remainder of my property both real and personal of whatever nature the same may be and wheresoever situated to be to her heirs forever. Likewise, I make, constitute and appoint my said wife Frances A. B. Smith to be executrix of this my last will and testament hereby revoking all former wills by me made. In witness whereof I have hereunto subscribed my name and affixed my seal the thirteenth day of April in the year of our Lord one thousand eight hundred and eighty-five. Anson Smith, L. S. The above written instrument was subscribed by the said Anson Smith in our presence and acknowledged by him to each of us; and he at the same time declared the above instrument he subscribed to be his last will and testament, and we at his request, have signed our names as witnesses hereto, in ihs presence, and in the presence of each other, and written opposite our names our respective places of residence A. S. Freeland, residing at Salamanca, N. Y. Richd Malone residing at Salamanca, N. Y. State of New York County of Cattaraugus Surrogate's Office Recorded the preceding last will and testament of Anson Smith late of said county deceased as a will of real and personal estate together with the proofs taken in the Surrogate Court of Cattaraugus County of which record is hereby signed and certified by me. Pursuant to the provisions of the Revised Statutes this fifth day of June A. D. 1885. Alfred Spring Surrogate. Additional Comments: The full legal name of the wife of Anson Smith was Frances Amanda Bigelow Smith.