WILL: Oliver Smith; Goshen, Orange co., New York surname: Smith submitted by Cheryl Hall (clh16 at cornell.edu) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Source: sampubco.com New York co NY Will Book vol. 23 page 644 also Original Wills Folder AS-84 Written: 22 Dec 1761 Probated: 16 Feb 1763 In the name of God Amen, I Oliver SMITH of the Precinct of Goshen in the County of Orange and Province of New York being weak in body but of sound memory blessed be God do this Twenty Second day of December in the year of our Lord Christ one thousand seven hundred and Sixty one make and publish this my last Will and Testament in manner following that is to say: First I do order that all my just debts and funeral charges be paid in a short time after my decease out of my moveable estate. Secondly I give and bequeath unto my son Nehemiah SMITH, two working horses, one yoak [sic] of oxen, two cows and all my farming utensils and all my wearing apparel. Also I give unto my son Benjamin SMITH, one pacing mare. Also I give and bequeath unto my four daughters namely MARTHA, MARY, PHEBE, and AMY, all my household furniture equally to be divided between them. Also I do order that at the expiration of one year after my decease, the farm I now live on together with all the rest of my lands be sold by my Executors hereafter named and out of the product thereof, I give and bequeath unto my daughters Phebe and Amy, each of them, Sixty Pounds New York Currency to be put out to use at the direction of my Executors and for the benefit of my said daughters and to be paid to them at the day of their age or day of marriage. Also I give and bequeath unto my four sons all the remainding [sic] part of my estate that is to say one equal fourth part of the same I give to my son Nehemiah to be paid to him or his Executors immediately after the sale of my land. Also I give unto my son Benjamin, one equal fourth of the said remainding part of my estate to be paid to him when he shall arrive to the age of twenty one years. Also I give unto my son OLIVER, one equal fourth part of the said remainding part of my estate to be put out to use for the benefit of my said son and to be paid to him at the age of twenty one years. Also I give to my son JOSEPH, the equal fourth part of the said remainding part of my estate to be put out to use and to be paid to him in like manner. Also I do order that my two youngest sons be put out to learn such trades as my Executors shall think most proper and I do make and ordain my loving brothers Joshua SMITH and Solomon SMITH, both of the Precinct of Goshen in the County of Orange aforesaid, Executors of this my Will in trust for the intent and purposes in this my Will contained, and in case either of my said Executors should die before this my Will shall be fully executed, the surviving Executor shall have the full power in himself to act in the executing of this my Will according to my true intent and meaning thereof. In Witness whereof, I the said Oliver SMITH, have to this my last Will and Testament set my hand and seal the day and year first above written. Oliver Smith (SS) Signed, Sealed and Delivered by the said Oliver SMITH as and for his last Will and Testament in the presence of us who were present at the Signing and Sealing therefore, John ROE, Thomas DENTON, Isaac (X his mark) ROADS. Orange County ) SS Be it remembered that on the tenth day of July, one thousand seven hundred and Sixty two, personally came and appeared before me John GALE, Surrogate of the said County, John ROE of Orange County, planter and being duly sworn on his oath declared that he did see Oliver SMITH sign and seal the within written instrument purporting to be the Will of the said Oliver SMITH bearing date the twenty second day of December 1761, and heard him publish and declare the same to be and contain his last Will and Testament that at the time thereof he the said Oliver SMITH was of sound disposing mind and memory to the best of the knowledge and belief of him the Deponent, and that his name subscribed to the said Will is of his respective proper hand writing which he subscribed as Witness to the said Will in the Testator's presence and that he the Deponent saw Thomas DENTON and Isaac ROADS, the other witnesses to the said Will, subscribe their names as Witnesses thereto in the Testator's presence. John Gale, Surrogate Robert MONCKTON, Esquire, Captain General, and Governor in Chief in and over the Province of New York and the Territories depending thereon in America, Vice Admiral of the same and Major General of his Majesty's Forces, To all to whom these Presents shall come or may concern, Greeting. Know Ye that at Orange County on the tenth day of July last before John GALE, Esquire, thereunto delegated and appointed the last Will and Testament of Oliver SMITH, deceased (a copy whereof is hereunto annexed) was proved and is now approved and allowed of by me, the said deceased having whilst he lived and at the time of his death, Goods, Chattels, and Credits within this Province by means whereof the proving and registering the said Will and the Granting Administration of all and singular the said Goods, Chattels, and Credits and also the auditing allowing and final discharging the account thereof doth belong unto me and that Administration of all and singular the Goods, Chattels and Credits of the said deceased and any way concerning his Will is Granted unto Joseph SMITH and Solomon SMITH the Executors in the said Will named being first duly sworn well and faithfully to Administer the same and to make and exhibit a true and perfect inventory of all and singular the said Goods, Chattels and Credits and also the render a just and true account thereof when thereunto required. In testimony whereof, I have caused the Prerogative Seal of the Province of New York to be hereunto affixed at the City of New York, the Sixteenth day of February, one thousand seven hundred and Sixty three. Giv BANYAR, D.Secry.