WILL: Charles Smith; Hamilton, Madison co., New York submitted by Kathryn Wells (kwells8 at verizon.net) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Source of photocopy: SAMPUBCO.com Madison co NY Will Book Vol C page 309-310 Written: 25 Sep 1843 Probated: 5 Mar 1849 Will: Charles Smith, Hamilton, Madison County, NY Surnames: Smith, Younglove, Tucker, Muzzy, Beach Surrogate Court Madison County NY In the matter of Proving the last will & testament & codicil of Charles Smith Deceased Before James W Nye, Judge of Madison County at his office in Hamilton Village in said County the 5th day of March 1849 Be it remembered that on this 5th day of March 1849 the last will & testament & codicil thereto of Charles Smith late of Hamilton in said County of Madison deceased, was by the said County Judge admitted to Probate, approved & allowed as a last will & codicil & that said will & codicil & the proofs & examinations taken in respect to the same are recorded as follows to wit: \ Will / In the name of God Amen I Charles Smith of the town of Hamilton in the County of Madison & State of New York considering the uncertainty of life being in possession of my rational faculties do hereby make & publish this my last will & testament in the manner & form following to wit: First I desire & hereby direct that after my decease my body shall be decently intered in the burying yard at Hamilton Center & that a suitable monument shall be erected to my grave to mark the spot containing my mortal remains & also that a like monument shall erected to the grave of my deceased wife. 2'd I give & bequeath to my eldest son Hyleman the sum of twelve hundred & twenty five Dollars of which sum he has received seven hundred eighty two Dollars for which I have his receipt leaving a balance to be paid to him of four hundred & forty three Dollars 3'd I give & bequeath to my second son Landon the sum of twelve hundred & twenty - five Dollars of which sum he has received seven hundred Dollars for which I have his receipt / leaving a balance to be paid to him of five hundred twenty five Dollars. 4'th I give & bequeath to my daughter Alnora the sum of ten hundred & seventy five Dollars of which sum she has recv'd two hundred & four Dollars leaving a balance to be paid to her of eight hundred & seventy one Dollars. 5'th I give & bequeath to my son in law Daniel Younglove the husband of my daughter Alnora, the sum of one hundred & fifty Dollars it being the amount of a note I hold against him. 6'th I give to my grandson Albert son of Hyleman my silver watch & to each of my grand children herein after named to wit: Sarah, daughter of Hyleman. Laura & Hellen daughters of Landan. Polly daughter of Alnora & Lucinda Rosilette daughter of my son Edwin the sum of twenty five Dollars each to be paid to them at the time they attain the ageof twenty one years respectively or in case of their marriage previous to the said age of twenty one years, then to be paid to them at the time of their respective marriage. 7'th I give to my children viz: Hyleman, Landon, Alnora & Edwin, my household furniture, beds & bedding to be equally divided between them, excepting the clock which shall go to Edwin he paying each of the others one dollar. 8'th I hereby direct that the several sums of money to be paid to Hyleman, Landon & Alnora herein before mentioned shall be paid eight equal annual payments, after my decease with lawful interest on the same. 9'th All my real and personal estate not herein before described I give to my youngest son Edwin hereby subjecting him to the payment of the several sums of money or legacies herein fore mentioned to be paid, giving him all the time before mentioned to make such payments, he being at liberty to pay sooner if he chooses; Lastly I hereby constitute & appoint Hyleman Smith & Daniel Younglove executors of this my last will & testament - hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand & seal this 25th day of September 1843. Charles Smith \ SS / Signed sealed & published by the above named testator in presence of us who have here unto subscribed our names as witnesses in presence of & at the request of said testator & in presence of each other J'no Muzzy Hamilton Silus Tucker Hamilton (codicil) I Charles Smith of the town of Hamilton in the County of Madison & state of New York do this day make & publish this my codicil to my last will & Testament in manner following to wit: 1st my son Hyleman having received two hundred Dollars of the amount directed to be paid to him in said will I reduce the residue one hundred & three Dollars giving & bequeathing to him now only the sum of one hundred forty Dollars. 2'd I give to my son Landon the sum of four hundred & fifty Dollars instead of the amount directed to be paid to him by my said will the sum being reduced seventy five Dollars 3'd my daughter Alnora having received two hundred Dollars of the amount directed to be paid to her by said will I reduce the residue two hundred seventy six Dollars, giving to her now only the sum of four hundred & sixty five dollars 4'th I give my son Edwin the several sums herein deducted from the several sums of Hylemand, Landand & Alnoras. I give him also the same time & conditions of paying the legacies herein specified, as mentioned in my said will. In witness whereof I have hereunto set my hand & seal, this 17 day of June 1846 Charles Smith \SS/ Signed sealed & published in the presence of us who have hereunto subscribed our names as witnesses Jno Muzzy Hamilton. Ethan O Beach, Hamilton \Depositions & Testimony of Witnesses / Silus Tucker lately of Hamilton now of Sherburn[?] in the County of Madison being duly sworn & examined do depose & say that he the deponent was well acquainted with Charles Smith late of the town of Hamilton in the County of Madison deceased. That the deponent was present as a witness & did see the said Charles Smith subscribe at the end thereof the instrument now pro- duced & known to this deponent purporting to be the last will & testament of the said deceased bearing date the 25th day of September 1843. That the said testator at the same time declared the instrument so subscribed by him to be his last will & testament that thereupon this deponent & John Muzzy the other subscribing witness to said will in the presence of each other subscribed their names at the end thereof as witnesses thereto at the request of the testator in his presence & that the said testator at the time of executing & publishing the said will was in full age sound mind & memory not under any restraint & in all respects competent to make a last will & testament. This deponent further says that the said John Muzzy as this deponent has been informed & believes, now resides in some one of the western states or territories. Sworn & subscribed before me this Silas Tucker 5th day of November 1849 James W Nye Judge of Madison County Ethan O Beach of Hamilton being duly sworn deposes & says that he was well acquainted with Charles Smith late of Hamilton in the County of Madison deceased That the deponent was present as a witness & did see the said Charles Smith deceased in his life time subscribe at the end thereof the instrument now produced & shown to this deponent, purporting to be a codicil to the last will & Testament of the said deceased & which said codicil bear date the 17th day of June 1846 & is attached two papers purporting to be the last will & testament of the said deceased bearing date the 25th day of September 1843 That said testator at the time of executing said codicil declared the same to be a codicil to his last will & testament. That thereupon this deponent & John Muzzy the other subscribing witness to said codicil in the presence of each other subscribed their names at the end thereof as witnesses thereto at the request of the said testator in his presence. And this deponent further says that at the time of executing & publishing said will & codicil he the said testator was of full age of sound mind & memory, not under restraint & competent to make a last will & testament. Sworn & subscribed before me this Ethan O Beach PAGE 3 5th day of March 1849 James W Nye Judge of Madison Co. Daniel Younglove of Lebanon in the County of Madison being duly sworn deposes & says that he is well acquainted with John Muzzy lately living in the town of Hamilton. That said Muzzy as your petitioner is informed believes him removed from the town of Hamilton & this state to the state of Wisconsin sometime during the year 1847 & that he now as this deponent has been informed believes he resides in the State of Wisconsin Daniel Younglove Sworn Subscribed before me this 5th day of November 1849 James W Nye Judge of Madison County County of Madison. It appearing from the proofs duly taken in respect to the last will & testament of Charles Smith deceased & the codicil thereto annexed that said will & codicil was duly executed & that the said testator at the time of executing the same was in all respects competent to devise real estate & not under restraint the said will & codicil & the proofs & examinations taken in respect to the same are hereby recorded Signed & certified by me, in pursuance with the Revised Statutes the 5th day of March 1849. James W Nye Judge of Madison County