WILL: James Smith; Half Moon, Saratoga Co., NY

submitted 2002 by Virginia Majchrowski Smith (tvirman@voyager.net).

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James Smith b. est. 1762 lived in Rombout, Dutchess Co. NY and moved to
Halfmoon, Saratoga Co. NY est. 1795-d. July 23, 1838 Halfmoon, Saratoga Co. NY
Age 72. War: Revolutionary-Married  Ruth Rogers b. est. 1762 lived Rombout,
Duchess Co. NY. d. November 28, 1804 in Halfmoon,  Saratoga Co. NY.  Her
parents Hezekiah Rogers & Hannah Vincent. Children: Hannah, *John R.,
 Hezekiah, Stephen, James.  Many buried in the Smithtown Cemetery, Halfmoon
Saratoga Co. NY.  2nd. wife Philetta. Ruth is the mother of all the children. 
Obtained will from: W. David  Samuelsen-SAMPUBCO

JAMES SMITH WILL--In the name of God Amen, I James Smith of the town of
Halfmoon in the county  of Saratoga and State of New York of sound memory and
comfortable bodily health blessed be God  do this twenty fifth day of June in
the year of our Lord one thousand eight hundred and thirty  five make and
publish this my last will and testament in manner following THAT IS TO  SAY:

Firstly: After my decease and all my honest debs and funeral expenses shall be
paid I give and bequeath to my beloved wife Philetta the following personal
property should she survive me and relinquish all her right of dower in my
estate whether Real or personal Via: One good milk cow, two feather beds and
ticks, two straw ticks, six pillows, ten pair linen sheets, five pair flannel
sheets, six woolen cover lids, five cotton or calico bed quilts, three
comforters for beds, two set bed curtains, two high post bedsteads, two bed
Cords, one pair brass Andirons, one pair brass mounted shovel, shovel and
tongs, one pair brass candlesticks, the carpet on the floor of the room and
bedroom I now occupy, six  fancy chairs and one rocking chair, one B_____, one
large looking glass, six silver sugar tongues, one cook stove pipe and
apparatus there unto belonging, all such crockery, glassware, ironware or
cutlery, table linen or towels as is or shall be in her possession of which
she has care and control at the day of my decease is and shall be her
property, and I give and bequeath to my beloved wife the sum of five hundred
dollars to be paid to her within one year after my decease as herein after
directed, yet nothing hear in contained as above named and bequeathed shall be
binding on the part of my executors in this my beloved wife’s legacy as above
named should she after my decease claim and receive her right of dower or one
third part of my estate which________as above stated shall be lieu of Dower.

I give my son JOHN R. SMITH the sum of three hundred dollars to be paid to the
said John R. or in the case of his decease to his heirs in one year from the
date of my decease as is hereinafter directed and provided for and also at the
date of the payment of the said sum of three hundred dollars at the time as
afore stated, I hereby order and direct the Bond & Mortgage I now hold against
the said John R. estate shall be cancelled and discharged free and clear form
all costs or demands that my estate may have against the said John R. Smith
for or on account of said Bond and Mortgage.

I also give to my son HEZEKIAH the sum of seven hundred dollars to be paid to
the said Hezekiah or in the case of his decease to his heirs in one year from
the date of my decease.

I also give to my son JAMES Jr. The sum of six hundred dollars to be paid to
the said James Jr., or in the case of his decease to his heirs in one year
from the date of my decease.  And also at the date of the payment of the said
sum of six hundred dollars at the time as afore stated, I hereby order and
direct that the claim I now hold against the said James Jr. estate shall be
cancelled and discharged free and clear form all costs or demands that my
estate may have against the said James Jr.  for or on account of any demands I
now hold against the said James.

I also give to my son STEPHEN the one equal undivided half part of two certain
pieces or parcels of Land situated in the town of Halfmoon afore said, the
first piece is the farm or home on which I now reside said to contain in the
whole one hundred acres more or less, the second _____. That within one year
from the date of my decease the said Steven shall pay to my heirs the
following sums of money.  To my son John R. the sum of one hundred fifty
dollars, to my son Hezekiah the sum of three hundred fifty dollars, and to my
daughter Hannah now the wife of William Schouten five hundred dollars also the
said Stephen shall pay yearly and every year after my decease until the lease
of the afore named lot I now hold of fifty acres.

I also give to my son WILLIAM J. the remaining one equal undivided half part
of two certain lots or pieces of Land situated as above named being the
remaining half part of the same premises which I give to my son Stephen as
above named, which equal half part of said premises I give to my son William
J. upon the following conditions_That within one year from the date of my
decease the said William J. shall pay to my heirs the following sums of money. 
To my son John R. the sum of one hundred fifty dollars, to my son Hezekiah the
sum of three hundred fifty dollars, and to my daughter Hannah now the wife of
William Schouten five hundred dollars also the said William J. shall pay
yearly and every year after my decease.

I also give to my son CORNELL I.  The farm or premises on which he now resides
situated in the town of Clifton Park said to contain one hundred and four
acres of land more or less which premises I give to the said Cornell I., upon
the following that within one year of my decease that the said Cornell I.,
shall pay to my beloved wife Philetta the sum of five hundred dollars should
she survive me.  If not then to pay said sum of five hundred dollars to my
 executors to be divided as herein after directed and shall also pay to my son
James Jr., afore named the sum of six hundred dollars within one year of the
date of my deceased. And I further order and determined that the remaining sum
of six hundred and thirty dollars which shall be due from the said Cornell I.,
shall remain unpaid until the final division of said estate be made and
concluded at which time the dividend then and there determined as the right of
the said CORNELL I., shall be deducted from the above named sum with in one
year of the date of six hundred and thirty dollars and should there still be a
balance due from the said Cornell I., shall pay the sum to one of the heirs as
legacy due to said heir.

I also give to my daughter HANNAH wife of William Schouten afore named the sum
of one thousand dollars to be paid to the said Hannah or her heirs within one
year from the date of my decease as afore provided for and directed.

And I do hereby further order and determine that after my decease and within
one year thereafter all my personal and real estate not herein divided or
bequeathed shall be_________  ________and appraised and as soon thereafter as
the same can be disposed of to the best advantage shall be sold and the
account thereof be equally divided between my children as afore named and in
case of either or any of them being dead with their heirs and for the purpose
of selling and conveying agreeable to law a small piece or lot of land
containing about twelve acres more or less lying in the town of Halfmoon afore
said and bound on the east by the lands of Platt Smith, south and west by
lands formerly owned by Jacob Snider and north by the highway, I hereby
authorize and direct my said executors as hereinafter named to sell and convey
said premises and the proceeds thereof to divide as afore directed.

And I do herby further order and determine that after my decease should my
beloved wife Philetta still survive that their and in such case that the west
part of my dwelling house which I now occupy together with certain privileges
in the yard and out houses also fire wood shall be and remain—free and free of
cost and charges to said Philetta for and during the term of one year of the
date of my decease.

And I hereby further order and determine that after my decease should my
beloved wife Philetta still survive that their and in such the said Stephen
and William J., my sons afore named shall provide for and maintain my wife in
the family with their---of expenses for one year from executors to pay her the
sum of thirty five dollars in lieu thereof for said year privileges.

The Last Will and Testament of James Smith Deceased relating to both real and
personal estate together with the proof thereof recorded Sept. 10, 1838.  At a
Surrogates Court held at the Village of Ballston Spa in for the County of
Saratoga of the 10th. day of September 1838.

James Smith died about the 23rd. day of July last, that at the time of his
death and for several years previous there to he was an inhabitant of the town
of Halfmoon in said county, that he left a widow PHILETTA SMITH who resides in
said town of Halfmoon, and SIX SONS to wit the above names. STEVEN SMITH who
resides in Halfmoon afore said the above name CORNELL I. SMITH who resides in
the town of Clifton Park in said county.  JAMES SMITH, WILLIAM J. SMITH, JOHN
R. SMITH, HEZEKIAH SMITH all of whom reside in said town of Halfmoon and one
daughter to wit HANNAH wife of WILLIAM SCHOUTEN who resides in the town of
Stillwater in said county his only heirs and next of kin, and each of them to
appear before said surrogate at his office in the Village of Ballston Spa in
said county on this day to with the 10th. Day of September 1838 at 10 o’clock
in the forenoon to attend the proof and probate of said instrument.