WILL: William B. Smead;  Springport, Cayuga co., NY 
surname: Smead, Forbes, Spencer, Seebell, Lenhard, Woodin, Cochrane, Bennett,
Burritt

submitted by Cathy Young (vcyoung at prairienet.org) 
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Copyright.  All rights reserved.
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Submitted Date: November 29, 2005
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Source: Sampubco.com
Cayuga County, New York Will Book Vol. 36B page 313
Written: August 20, 1901
Recorded: February 2, 1903

Transcribed from SAMPUBCO copy by V. Cathryn Young

AT A SURROGATE'S COURT, held at the Surrogate's Office, in the city of Auburn,
in and for the County of Cayuga, on the 2nd day of February, 1903.

Present, Hon. Walter E. Woodin, Surrogate

In the Matter of the Proof and Probate of the Last}
Will and Testament of}
William B. Smead, Deceased.}

Satisfactory... petition having been filed the proof and probate of an
instrument in writing, hereinafter set forth, propounded as the Last Will and
Testament of William B. Smead, late of the town of Springport in said County
of Cayuga, N.Y., deceased bearing date the 20th day of August, A.D., 1901, and
Frank E. Forbes and Oscar J. Spencer the petitioners in this matter, having
appeared in open Court in person and by Arthur M. Seebell their counsel, in
support of said instrument, and having filed waivers, duly executed, waiving
the issuance and service of citation, by Ida Belle Lenhart and  Mary Lucretia
Smead... and the proofs of the subscribing witnesses to said Will ... having
been heard and taken as hereafter set forth, and it appearing therefrom that
the said instrument was duly executed as and for a Last Will and Testament:
that the testator, at the time of its execution, was in all respects competent
to make and publish a Last Will and Testament, and to devise real estate, and
not under restraint: the probate of said will was not contested.

It is hereby ORDERED, ADJUDGED and DECREED  that the said instrument in
writing, was duly executed as a Last Will and Testament; that the testator at
the time of the execution the same was of sound and disposing mind and memory,
in all respects competent to make and publish a Last Will and Testament, and
to devise real estate, and not under restraint; and that the said Last Will
and Testament, together with the proofs and examinations taken in respect tot
the same, be recorded; and that the said Last Will and Testament be admitted
to probate; and that the same be, and hereby is, established as a valid Will
of real and personal estate. And it is further ordered, that Letters
Testamentary upon the said Last Will and Testament be issued to Frank E.
Forbes and Oscar J. Spencer the executors in the said Will named, they having
first taken the oath prescribed by law.

Walter E. Woodin
Surrogate.
314

Compared

Last Will and Testament of William B. Smead, of the Town of Springport, Cayuga
County, New York.

I, William B. Smead, of the town of Springport, County of Cayuga and State of
New York, being of sound mind and memory, do make, publish and declare this my
last will and testament, hereby revoking all former wills by me made.

First:--- I direct that all my just debts and funeral expenses be paid.

Second:--- After the payment of all my just debts and funeral expenses, I give
and bequeath to my wife, Mary Lucretia Smead, in t lieu of her dower right,
the use of $1,800.00 during her life, with the privilege to her of using any
part of the principal or the whole thereof, if it should be necessary for her
support, and I do hereby constitute my wife, Mary Lucretia Smead, the sole
judge as to whether it shall be necessary for her to use the principal or any
part thereof, for her support. Upon the death of my said wife, I give and
bequeath the said sum of $1,800.00 or whatever portion thereof may be left,
to my daughter, Ida Belle Lenhart.

Third:--- Out of the remaining property of which I may die possessed either in
law or equity, and subject tot he foregoing bequests, I give and bequeath unto
my daughter Ida Belle Lenhart now residing in the City of Auburn, N.Y. the sum 
of $3,000.00.

Fourth:--- Subject to the foregoing bequests I give and bequeath unto Hattie
L. Cochrane of Union Springs, N.Y. the use of $400.00 during her natural life,
with the privilege to her of using any part of the principal or the whole
thereof, if it shall be necessary for her support and I do hereby constitute
the said Hattie L. Cochrane the sole judge as to whether it shall be necessary
for her to use the said principal or any part thereof, for her support. Upon
the death of the said Hattie L. Cochrane I give and bequeath the said
$400.00 or whatever portion thereof, may be left, to my daughter, Ida Belle
Lenhart.

Fifth:--- Subject tot he foregoing bequests I give and bequeath unto the
following named grand children, Margaret Belle Lenhart, William Smead Lenhart
and Erma L. Lenhart, now residing in the city of Auburn, N.Y. the sum of
$400.00 each.

Sixth:--- Subject to the foregoing bequests, I give and bequeath unto my
nephew Frank E. Forbes, of Union Springs, N.Y. the sum of $50.00.


Seventh:--- I give and bequeath all of my personal clothing unto my nephew
Frank E. Forbes and my grand so William Smead Lenhart, share and share alike.

Eighth:--- I give and bequeath my gentleman's gold watch and chain unto my
above named grand son William Smead Lenhart.

Ninth:--- I give and bequeath unto my nephew Frank E. Forbes, my gold headed
cane, for use during his life, and after the death of the said Frank E.
Forbes, I give and bequeath the said cane unto my grand son William Smead
Lenhart.

Tenth:--- I give and bequeath unto the above named Hattie L. Cochrane the
personal use for and during her natural life or as long as she shall remain
sane, of my ladies gold watch and neck chain. At the death of the said Hattie
L. Cochrane, or in the event of her becoming insane, I give and bequeath the
said watch and chain unto my above named grand daughter Margaret Belle Lenhart
if living, and in the event of the death of the said Margaret Belle Lenhart,
prior to the death of the above named Hattie L. Cochrane, or the event of [of]
her becoming insane, I then give and bequeath the said watch and chain unto my
above named grand daughter Erme L. Lenhart.

Eleventh:--- I give and bequeath unto my wife, Mary L. Smead one white
counterpane, one white bed stead with brass trimmings, also mattrass springs
and all bedding connected with said bed, one sun umbrella, one work table, one
gold spoon, one marble top stand, one half dozen teas poons marked "Eliza"
also all articles given by her to me as gifts before and after our marriage
and all the articles of household use and ornament bought by me and placed in
my house since my marriage. I also give and bequeath unto my wife, Mary L.
Smead for her use during her life, one oil painting and after the death of the
said Mary L. Smead I give and bequeath the said oil painting unto my daughter
Ida Belle Lenhart.

Twelfth:--- I give and bequeath unto my daughter Ida Belle Lenhart, the
remainder of all my household goods including all silver ware, books, family
photographs, set of gold band china dishes, and other articles not above
mentioned.

Thirteen:--- Subject to the foregoing, I give bequeath and devise, all the
rest residue and remainder of my property of whatsoever name and nature, both
real and personal unto my above named wife, Mary Lucretia Smead, my daughter

Ida Belle Lenhart, and unto my above named grand children William Smead
Lenhart, Margaret Belle Lenhart and Erma L. Lenhart share and share alike, to
hold and enjoy the same, for the benefit of themselves, their heirs and
assigns absolutely and in fee forever.

Fourteenth:--- I hereby confer upon my executors hereinafter named, the power
to sell and convey by deed or otherwise any part or the whole of my said real
and personal property at any time that such an action shall be necessary or
advisable in order to carry out the provisions of this my last will and
testament.

Lastly likewise, I make, constitute and appoint my said nephew, Frank E.
Forbes, of Union Springs, N.Y. and Oscar J. Spencer of Union Springs, N. Y.
the executors of this, my last will and testament. I hereby further require
that said executors shall furnish a bond in the penal sum of not less that
$12,000.00 conditioned that they will faithfully perform their office as
executors and shall account for all moneys that shall come into their hands as
such executors, before they can qualify as executors of this, my last will and
testament.

In witness whereof, I have hereunto subscribed my name this 30 day of August
in the year of our Lord, one thousand nine hundred and one.

William B. Smead

We whose names are hereto subscribed, do certify, that on the 20 day of August
1901, the testator subscribed his name to this instrument in our presence and
in the presence of each of us, and at the same time in our present, declared
the same to be his last will and testament, and requested us and each of us to
sign our names thereto as witnesses to the execution thereof, which we hereby
do in the presence of the testator and of each other on said date, and write
opposite our names our respective places of residence.

Clara G. Bennett residing at Auburn, N.Y.

Robert J. Burritt residing at Auburn, N.Y.

[NOTE: the following form occurred twice on this page.  
 On the first form X = Clara G. Bennett 
 On the second form X = Robert J. Burritt]


Cayuga County, SS:  ____X____ of the City
of Auburn in Cayuga County
being duly sworn says: I was well acquainted with William B. Smead late of the
Town of Springport in the County of Cayuga, aforesaid, deceased. I was present
when a certain instrument in writing, now here shown to me, bearing date the
20th day of August A.D. 1901, (marked Exhibit A), and purporting to be the
Last Will and Testament of said deceased was executed. I saw the deceased
execute the same by signing his name at the end thereof. I heard him publish
and declare the same to be his Last Will and Testament. The deceased requested
me to become a subscribing witness to the execution thereof. I did so, and
signed my name thereto, as such witness, in his present. The said deceased
was, in my opinion, at the time of the execution of said instrument, of a
sound and disposing mind and memory, and in all respects competent to make and
publish a Last Will and Testament, and to devise real estate: he was of full
age, and under no restraint to my knowledge.

Subscribed and sworn to, this 2nd day of   }           _____X_____
 February, A.D. 1903, before me.              }


Walter E. Woodin Surrogate.

Additional Comments:
I just noticed that in the will itself the date says August 30, but everywhere
else it is stated as August 20. To expedite getting this posted, let's assume
that I mis-typed the August 30 or misread it. vcy