WILL: Benjamin J Smith;  Perth, Fulton co., NY 
surname: Smith

submitted by Karen Mitchell (karmit725 at yahoo.com) 
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Submitted Date: January 24, 2006
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Source: Sampubco,cin
Fulton County, Ny Will Book Vol 23 Page 141
Written: September 29, 1913
Recorded: January 15, 1916

Transcribed from SAMPUBCO copy by Karen Mitchell

Last will and testament of Benjamin J Smith
	

			In the name of God: Amen:

I, Benjamin J Smith, of the town of Perth, County of Fulton and State of New 
York, being of sound mind and memory, do make, ordain, publish and declare this 
to be my last will and testament, that is to say: 

First – After all my lawful debts are paid and discharged, I give, devise and 
bequeath unto my grandson, Earl F Smith, my farm situate in the town of Perth, 
County of Fulton, NY containing about one hundred and sixteen acres, and now and 
for years part occupied by me, and to his heirs and assigns forever, subject , 
however to the use and control thereof unto my daughter-in-law, Maggie L Smith, 
for and during the term of her natural life; and I give and devise such use and 
control thereof to her, said Maggie L Smith, for and during the term of her 
natural life; and at and upon her death if my son, Allen Smith, her husband, 
survive her, I give and devise the use and control of my said farm unto my said 
son for and during the term of his natural life in case he have no creditors who 
could seize and take such interest, but if he have such at any time who acquire 
judgments against him which are liable to become liens upon said farm then and 
in that event such use and control given him shall immediately cease, and my 
said grandson to whom I have given the title shall be full use and possession 
from thenceforth; and also upon the further and separate and independent 
condition that my said son occupy my said farm and work the same in a 
husbandlike manner and keep the same in good husband like condition, and the 
building thereon insured and the taxes paid thereon, and if he fails so to do 
these his life use and control thereof shall from the time of such failure 
cease, and my said grandson to have possession thereof as aforesaid.

Second – I give and bequeath unto my said son, Allen Smith, the personal 
property consisting of live stock and farming utensils, which I may own at the 
time of my decease.

Third – I give and devise my house and lot situate at Vails Mills, N Y to the 
said Maggie L Smith, and to her heirs and assigns forever, subject however, to 
the right to Kate M Allen who now occupies said house and lot to so use and 
occupy the same during her lifetime or so long as she actually resides thereon, 
she, the said Kate M. Allen, is to pay all taxes and insurance and other 
expenses in keeping the buildings in good ordinary repair.

Fourth: - I give, devise and bequeath all the rest, residue and remainder of my 
property and estate unto my said grandson, Earl F Smith and unto his heirs and 
assigns forever.

Likewise, I make, constitute and appoint the said Maggie L Smith to be executrix 
of this, my last will and testament, herby revoking all former wills by me made. 

In witness whereof, I have hereunto subscribed my name and affixed my seal, the 
twenty-ninth day of September, in the year one thousand nine hundred and 
thirteen. 

							Benjamin J Smith

Witnesses
Charles H Butler
Asa J Brown

The above instrument consisting of one sheet was at the date thereof subscribed 
by Benjamin Smith, in the presence of us and each of us; he at the time of 
making such subscription, acknowledged that he made the same and declared the 
said instrument so subscribed by him to be his last will and testament.  
Whereupon we, then and there, at his request and in his presence and the 
presence of each other, subscribed our name as witnesses thereto. 

Charles H Butler		residing at 		Johnstown, N.Y.
Asa J Brown 			residing at 		Johnstown, N.Y.