WILL: David Smith; Smith's Clove, Orange co., NY surname: Smith, Little, Tucker, Hear submitted by Lil Heselton (lhess @ axionet.com) ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org *********************************************************************** The will of David Smith as copied by Lil Heselton from a certified copy from the Orange county surrogate Court.Liber A page 5 David Smith's will was made June 10, 1783. A Codicil was added in Sept 18, 1783. The will was probated June 27, 1787: "In the Name of God Amen, the tenth day of June in the Year of our Lord one thousand seven hundred eighty-three, I, David Smith, of Smith's Clove in Orange County, being weak n body but of perfect mind and memory, thanks be given unto God, therefore, calling unto mind ye mortality of my body and knowing that it is appointed for all men once to die, I make and ordain this my Last Will and Testament that is to say predicable (precept?) and first of all I give and recommend my soul unto ye hand of the Almighty God that gave it one and my body I recommend to the Earth to be buried in a decent Christian burial at ye desecration of my executors, nothing doubting but at the general Resurrection I shall receive ye same again by the mighty power of God and as and touching such worldly Estate Where with it has pleased God to bless me with in this life, I give devise and dispose of the same in the following manner and first I give and bequeath to my son David Smith two pound ten shillings to be levied out of my estate and I give to his son, Solomon Smith two pounds ten shillings to be levied out of my estate and I give to my son Hophni Smith my dwelling houses and orchards and barns and mills and two hundred acres of land. For giving said orchards and buildings entirely and the two thirds of all the rest of my lands to him and his heirs forever. And I give unto my son Julius Smith's two sons Uriah Smith and Gye Smith one third to them and their heirs forever but they nor their guardians shall dispose of it nor profit it - til Gye Smith comes of age, but Hophni Smith shall have the care of it till they both come of age and after all my debts are payd , I give and bequeath to my granddaughters Ester Little, Mary Tucker, Viney Hear (?), and Julius Smith's four daughters Rachel, Julianah, Rebacha, Sarah Smiths, Turnover and Samuel Smith, son of Claudius Smith and Hophni Smith all my moveables except one yolk of oxen and two of the best horses, I give to Hophni Smith over and above and I make my son Hophni my Executor. Ratifying and confirming that this is my last will and testament , in witness thereof, I hereunto set my hand and seal ye day above written. Signed and sealed in the presence of us: Aaron Cunningham, Timothy Smith, John Smith. David X Smith his mark And do I give and bequeath to my grandaughters Sarah Smith twenty pounds and to her sister Rebacha Smith I give ten pounds and the above thirty pounds is to be paid out of the rent of the farm that Aaron Cunningham now rents and this is part of the above Will. In Witness thereof I here unto set my hans and seal this eighteenth day of September in the year of our Lord 1783 Aaron Smith, Timothy Smith, John Smith David X Smith his mark"