WILL: William Smead;  Auburn, Cayuga co., NY 
surname: Smead, Hoskins, Marsh, Bothwell, Brown, How, Howe, Sprague, King,
Snow, Woodin, Keeler, Folger, Ayers, Hathaway, Eddy, Day

submitted by Cathy Young (vcyoung at prairienet.org) 
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Submitted Date: November 29, 2005
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Source: Sampubco.com
Cayuga co NY Will Book Vol. N page 280
Written: January 12, 1860
Recorded: February 13, 1860

Transcribed from SAMPUBCO copy by V. Cathryn Young

William Smead

To the Surrogate of the County of Cayuga---The Petition of Edwin P. Hoskins of
the city of Auburn, County of Cayuga & state of New York respectfully sheweth
that William Smead late of the city of Auburn in the County of Cayuga
aforesaid departed this life on or about the seventeenth day of January in the
year of our Lord one thousand eight-hundred and sixty, That the said deceased
was at the time of his death an inhabitant of the said County of Cayuga, That
he has left a last will & testament which is dated the twelfth day of January
in the year of our lord one thousand eight hundred and sixty, That in and by
the said will the said deceased appointed your petitioner & George Marsh
executors thereof, That the said deceased left the following heirs at law and
next of kin to wit, Lewis Smead of Auburn aforesaid son of deceased Zilpha
Bothwell of Genoa, Cayuga County daughter of deceased Minerva Brown of Locke
Cayuga County daughter of deceased Allen S. How of Buffalo N.Y. Grandson of
deceased, Phebe Jane How of Geneva N.Y. Granddaughter of deceased, Emeline
Sprague of Penn Yaw, grand daughter of deceased, William A. Bothwell of Genoa
N. Y. Phebe Ellen King of Locke, Ira Brown, William A. Brown, Sarah Brown,
Mary Jane Brown, Laurene Brown are divisees in said will named, That said Ira
Brown, Wm A Brown, Sarah Brown, Laurene Brown, Mary Jane Brown & Phebe Ellen
King are minor heirs having no General Guardian, That said deceased left Phebe
Smead his widow, That said will relates to real and Personal estate, That your
petitioner is desirous of proving said last will and testament as a [will?] of
real & personal estate, That the same may be recorded as such in pursuance of
the statute in such case made and provided, Your petitioner therefore [prays]
the surrogate aforesaid that the necessary steps may be taken before him for
that purpose and that Benjamin B. Snow of Auburn in said County may be
appointed a special Guardian of said Minor heirs to take care of their
interests and to attend to the proof & probate of said last will & testament

Edwin P. Hoskins, Cayuga County [ss]. Edwin P. Hoskins the above petitioner
being duly sworn deposes  & says that the facts stated in the above petition
by him signed are true to the best of his knowledge and belief. Sworn this
25th day of                         E. P. Hoskins
January 1860, before me. Wm B Woodin, Surrogate
_____________________________________________________________

In Surrogates Court                           
===============                        } I Benjamin B. Snow of Auburn
In the Matter of the Proof &           } Cayuga County do hereby consent to
act
Probate of the last will & testament   } a Special Guardian of Ira Brown, Wm
                      of               } A. Brown, Sarah Brown,
Laurena Brown
William Smead deceased                 } 
==========================
Mary Jane Brown and Phebe Ellen King Minor heirs at law and next of kin of
William Smead late of the city of Auburn decd, for the sole purpose of
appearing for them and taking care of their interests in the further
proceedings in this matter, and I do hereby as such special Guardian [wave]
the service of the citation required by law to attend the proof and probate of
the last will & testament of the said deceased and consent that the same may
be proved whenever presented to the Surrogate of said County for that purpose.
Witness my hand this 13th day of February 1860.                                
                Benj B Snow
In presence of Wm B Woodin.      

In Surrogates Court 
===============                       } 
In the Matter of the Proof and        } The undersigned heir at law and
next
Probate of the last will & testament  } of kin of William Smead deceased do
                      of                                 } hereby waive the
issuing & service of the
William Smead deceased                } citations required by law to attend
the
==========================
proof and probate of the last will and testament of Wm Smead deceased and do
hereby consent that the same may be proved before the Surrogate of Cayuga
County whenever the same shall be presented for that purpose           Witness
my hand this 10th day of February A.D. 1860
In presence of                                          Manerva Brown
      Thompson Keeler


The People of the State of New York, By the Grace of God free & independent
To Phebe Smead & Lewis Smead of Auburn, [Mrs] Minerva Brown of Locke N.Y.
Allen S. Howe of Buffalo N.Y., Phebe Jane Howe of Geneva N. Y. Emeline Sprague
of Penn Yaw N.Y. Phebe Ellen King of Locke N.Y. and Benjamin B. Snow of the
city of Auburn Special Guardian of Wm H Brown, Sarah Brown Mary Jane Brown,
Ira Brown, & Laurene Brown, widow heirs at law and next of kin of William
Smead late of the city of Auburn, Cayuga Co. deceased, Greeting, You and each
of you are hereby cited and required  personally to be and appear before [our]
Surrogate of our County of Cayuga at his office in Auburn in said County on
the thirteenth day of February [next] at two O'Clock in the forenoon of that
day to attend the proof and probate of the last will and testament of William
Smead late of the city of Auburn, Cayuga County deceased, and hereof fail not.

In testimony whereof, we have caused the seal of office of our said Surrogate
to be hereunto affixed.
Witness
Wm B. Woodin Surrogate of said County at Auburn the twenty fifth day of
January in the year of our Lord one thousand eight-hundred and sixty
Wm B. Woodin
Surrogate

I do hereby [admit] personal service upon me of the within citation more than
fifteen days prior to the return day therein mentioned Wm A Bothwell In the
presence of A Bothwell Emeline Sprague In the presence of S. B. Howe Phebe
Jane Howe In the presence of Chas. J. Folger Allen S. Howe In the present of W
B Ayers & 2 others Zilpha Bothwell In the presence of A Bothwell

Surrogates Court, County of Cayuga
==========================
In the Matter of the Goods [?]        } 
                 of                   } 
William Smead deceased                } 

I George March of the town of Scipio in one of the said Executors named and 
appointed in & by the last will & testament of William Smead late of the city
of Auburn in said County deceased do hereby renounce the said appointment, and
all right and claim to letters testamentary of the said last will and testament
or to act as Executor thereof and pray the Surrogate of the County of Cayuga to
accept and record this my renunciation, Dated this 13th day of February AD.
1860
Signed in the presence of                          George Marsh
      Royal Hathaway
      Frank. Eddy

At a Surrogates Court held at the Surrogates office in the city of Auburn in
and for the County of Cayuga on the 13th day of February AD. 1860.
Present Wm B Woodin Surrogate

An instrument in writing purporting to be the last will and testament of
William Smead late of the city of Auburn in said County deceased was offered
for proof & probate as a will of real and personal estate pursuant to the
statute, And this matter having been adjourned over to this day, And on filing
due proof of the service of the citation issued therein, and the Consent &
waiver of the Special Guardian appointed for the minor heirs at law of said
deceased, the same was now brought on to be heard, And both of the subscribing
witnesses to said will were produced in open Court & testified as follows

In the matter of the proof and        }
probate of the last will & testament  }
of William Smead deceased             }
=========================   
Cayuga County ss. Fayette G. Day of the city of Auburn in said County being
first duly sworn doth depose & say, that he was well acquainted with William
Smead in his life time That he is one of the subscribing witnesses to the last
will & testament of the said deceased. That the said deceased did in the
presence of the deponent subscribe his name at the end of said instrument
which is now produced and shown to this deponent, and which purports to be the
last will and testament of the said deceased and bears date the 12th day of
January 1860. That said deceased did at the time of the Execution of said in=
strument as aforesaid publish and declare the same to be his last will and
testament. That deponent did then and there at the request of the said
deceased, and in his presence sign his name at the end of said instrument as
one of the attesting witnesses to the execution thereof. That said deceased
was at the time of the Execution of said instrument of full age and under no
restraint that I know of That he was at the time o a sound and disposing mind
and memory and competent to make and publish a last will and testament & to
devise real estate. That deponent drew said instrument at the request of the
said deceased, and upon an examination by me now made of the same I find that
there has been no alterations or changes made in same, but that said
instrument is in all respects the same as when executed by the said deceased
Sworn & subscribed before me this 13th      F. G. Day
day of February AD 1860,                  Wm. B. Woodin Surrogate

Cayuga County ss,
In the matter of the proof and    } 
of the
probate of the last will & testament} town of Scipio in said County being of
William Smead deceased            } 

Polly Ett. S. Eddy first duly sworn doth depose and say that she was well
acquainted with William Smead late of the city of Auburn in said county
deceased. I was present when a certain instrument in writing now here shown to
me dated the 12th day of January A.D. 1860 and purporting to be the last will
& testament of the said deceased was executed, I saw the deceased execute said
instrument by signing his name to the same, I heard him publish and declare
the same to be his last will & testament. The deceased requested me to become
a subscribing witness to the Execution thereof. I did so and signed my name
thereto as a witness in his presence. 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 &
testament and to[devise] real estate; That he was of full age and under no
restraint that I know of

Sworn this 13th day of              P.S. Eddy
February 1860 before me
                                   Wm.B.Woodin Surrogate.

State of New York
Cayuga County ss.    I do solemnly swear that I will [well] faithfully and
honestly discharge the duty of Executor of the last will & testament of
William Smead late of the city of Auburn in said County according to law.

Sworn this 13th day of               E. P. [Hoskins]
February 1860 before me              Wm B Woodin Surrogate.

                                                  Will
                                                  ____

I William Smead of the city of Auburn in the County of Cayuga, and state of
New York being of sound and disposing mind and memory, and being desirous to
make provisions for the disposition and distribution of my property, do make
publish and declare this my last will and testament as follows. First, I give
and bequeath to my wife Phebe in lieu, and in stead of her right of dower [?]
to all my estate the use during her natural life of the house and lot owned by
me in the city of Auburn, also the lawful interest of four thousand dollars,
to be paid to her annually, during her natural life from the day of my death. 

Second, I give and bequeath to my son Lewis Smead the sum of twelve hundred
dollars, to be paid to him in twenty four equal annual payments from the day
of my death with such interest as may accrue on what is unpaid. 

Third. I give and bequeath to my daughter Zilpha Bothwell the sum of one
thousand dollars. 

Fourth. I give and bequeath to my daughter Minerva Brown the sum of five
hundred dollars. I also give , and bequeath to her during her natural life the
use of the farm now owned by me in the town of Locke in the County of Cayuga
being part of lot number fourteen in said town and containing about nineteen
acres more or less, being the premises on which she now resides. 

Fifth. I give and bequeath to my Grandson William Bothwell my gold watch and
trimmings. 

Sixth. All the rest residue and remainder of my property both real and
personal of every name, nature kind character and description I give bequeath
and devise to my grand children who may be living at the time of my death to
be equally divided between them share and share alike.

Seventh. After the death of my said wife I direct that the property the use of
which is given to her during her natural life shall be equally divided between
the persons named in the next preceding subdivision numbered "sixth" and after
the death of my daughter Minerva Brown I direct that the property the use of
which is given to her during her natural life shall be equally divided between
the persons named in said subdivision "sixth" and I hereby give bequeath
and devise the same to said persons share and share alike.

Lastly. I hereby nominate, Constitute and appoint Edwin P. Hoskins of the city
of Auburn and George Marsh of the town of Scipio Executors of  this my last
will and testament, and I do hereby revoke all former wills by me made.

In witness whereof I have hereunto set my hand & seal this twelfth day of
January one thousand eight hundred and sixty                                   
                         Wm Smead (SS.)

The above instrument consisting of one sheet was on the day of the date
thereof signed, sealed published and declared by the said William Smead the
testator therein named as and for 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 thereto

F. G. Day    Auburn Cayuga Co. N.Y.
P. S. Eddy   Scipio   Cayuga Co. NY.

I hereby certify that the preceding is a true record of the prceedings, proofs
and examinations taken before me in the matter of the proof and probate of the
last will and testament of William Smead late of the city of Auburn, Cayuga
County deceased, as a will of real and personal estate, and also of said will,
and that the same was recorded on the thirteenth day of February in the year
of our Lord one thousand eight hundred and sixty
                                      Wm B. Woodin Surrogate