WILL: Hophni Smith; Monroe, Orange co., NY surname: Smith, Cornelius, Cunningham, Brundage, Clark, Cook 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 Hophni Smith as copied by Lil Heselton from certified copy of Liber H page 103-106 , Surrogate's Court, Box 329,Goshen, Orange County, NY 10924. The people of the State of New York by the grace of God, free and independent.To all whom these presents shall come or may concern since greeting know ye that at Goshen, in the County of Orange, on the tenth day of February, in the year of our Lord one thousand eight hundred and twenty-six before Wheeler Case Esq, Surrogate of said County, the Last will and Testament of Hophni Smith, late of the Town of Monroe in said county deceased, (a copy whereof is here unto annexed.) was proved and is and allowed by us and the said deceased having whilst he lived and at the time of his death goods and chattels or credits within this state by means whereof the proving and registering the said will and the granting Administration of all and singular the goods, chattels, and credits and also the auditing, allowing and final discharging he account thereof doth belong to us; the administration of all and singular the goods chattels and credits of the said deceased and any way concerning his will is granted unto Archibald Smith one of the executors in the said will named he 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 to render a just and true account thereof when thereunto required. In Testimony whereof we have caused the seal of office of our said Surrogate to be hereunto affixed. Witness, Wheeler Case Esq., Surrogate of the said county at Goshen, the tenth day of February, in the year of our Lord, one thousand, eight hundred and twenty-six and our Independence the Fiftieth, Wheeler Case Surrogate. In the name of God Amen. I, Hophni Smith, late of the town of Monroe in the County of Orange in the State of new york now being in good health of body and of sound mind, memory, do make this my Last Will and Testament in the manner following to wit. Firstly my will and desire is that all my just debts and funeral charges be paid by my Executors, herein after named out of my Estates as soon after my decease as may be convenient for them to do it. First I give and devise to my nephew Guy Smith's male children all that my whole ? and tenement situate, lying, and being in the town of Tully, County of Onondaga and state of New york and known by lot number twenty-eight to have and to hold to my said nephew's male children their heirs and assigns forever. Also I give and devise all that ? and tenement with the appurtenances situate lying and being in the town of Monroe, County of Orange and State of New York, and is part of that certain lot of Land which is commonly known and distinguished by the name of lot number 47 on Cons Eliason's Map of the division of Cheescocks Patent unto David Cornelius and Julius Cornelius, children of Hannah Cornelius, single woman of the town of Monroe County of Orange State of New York aforesaid to be equally divided between the said David Cornelius and Julius Cornelius in as soon after as the said David and Julius. To have and to hold to the said David Cornelius and Julius Cornelius their heirs and ? forever. Also my will and desires and I hereby order and direct my executors as soon as convenient after my decease to rent out all that lot and premises which I have devised to David Cornelius and Julius Cornelius for the best price that can be obtained for the same and the monies that shall arise from the rents of the said farm shall be paid by my said executors to the said David Cornelius and Julius Cornelius to be equally divided between them when the said Julius shall arrive to the respective age of twenty one years in as soon after as the said David and Julius shall make a demand for the same. Also my will and desire is and I hereby order and direct my Executors to sell and dispose of all my estate both real and personal wheresoever the same may be found at the best price or prices that they can obtain for the same. (Except two certain farms which I have given to the following persons: That is to say a part of lot number twenty-eight in the Town of Tully, Onandago County aforesaid which I have devised to the male children of Guy Smith aforesaid. And also a farm which I have devised to David Cornelius and Julius Cornelius aforesaid, which is known as Lot number forty-seven in Cheese Cock Patent in the town of Monroe aforesaid.) Granting to them full power and authority to execute good and lawful Deeds of Conveyance to the Purchaser or Purchasees of the same as soon after my decease as they or survivors of them can conveniently and reasonably do it. And out of the monies and obligations that may come to hand by the sale of the said property as well as otherwise, I order and direct my Executors to pay over or deliver such monies or obligations or both as the case may be, to the persons herein after named in manner following. To wit: to my nephew Guy Smith of the Town of Tully, County of Onondago, Fifteen Hundred dollars; And to Hannah Smith, wife of Guy Smith, aforesaid, Fifty Dollars; and to Archibald Smith, of the Town of Monroe in Orange County and State aforesaid, One thousand Dollars; and to Abigail Smith, wife of Archibald Smith aforesaid, Five Hundred Dollars; and to my Nephew Guy Smith's sister, commonly known by the name of Sarah Cunningham, Fifty Dollars; and to her sister, Rebecca Brundage, Twenty-five Dollars; And to Elizabeth Clark, widow of Oxford in Orange County, Twenty-five dollars; and to Tabathy Cook, widow, Twenty-five dollars; and to Hophni Smith son of John Smith, Twenty-five dollars; and to Hophni Smith son of Samuel Smith, Twenty-five Dollars; And all the rest, residue and remainder of my estate (except as before excepted) I give and devise and bequeath to Guy Smith and Archibald Smith aforesaid to be equally divided between them and their heirs and assigns forever And lastly, I hereby constitute and appoint Guy Smith and archibald Smith aforesaid, my executors, Granting to them full power and authority to execute and perform the trust reposed in them in this my will contained in Testimony whereof I have hereunto set my hand and seal this tenth day of September,One thousand eeight hundred and twenty-six.... Written on the side of the page: be it known that on the second day of May, 1826, Guy Smith appeared before me, Wheeler Case, Surrogate of Orange County to be duly qualified and sworn as executor to the Last will and Testament of Hophni Smith deceased. Wheeler Case Surrogate.