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

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

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Obtained will from W. David Samuelsen (SAMPUBCO).  Difficult to read & names &
words may be spelled wrong. 

 WILL OF STEPHEN SMITH

The last Will and Testament of Stephen Smith late of the town of Halfmoon
deceased, relating to both will and personal estate and of the proof thereof
recounted on the 14th. day of January 1870,

                        At a Surrogate Court held at the Village of

                        Waterford in and for the County of Saratoga

                         On the 14th. day of January 1870,

Present; Cornelius A. Waldron, Surrogate,

Be it remembered that at a Surrogate court held on the 5th. day of January
1871 Charles E. Gorsline one of the persons named as executor in a certain
instrument in writing dated the 10th day of September 1866, purporting to be
the last will and Testament of Stephen Smith appeared and presented said will
for probate and at the same time made satisfactory proof that said Stephen
Smith died on the 6th. day of November 1870 being at the time an inhabitant of
the County of Saratoga and that he left him survivor of Stephen Smith who is
the only heir at law and next of kin of said deceased. And thereupon a
citation was issued to said heir citing him to appear before the Surrogate at
his office in the Village of Waterford in said County of Saratoga on the 13th.
day of January 1871: at 10 o'clock A.M. to attend the proof and probate
of said will.  Andon said return day the said Executor again appeared and
returned said citation with proof of the due and legal service of the same an
the person directed and made application to have said will admitted to
probate.  And the attesting witness to said will not being present, the proof
and probate thereof was adjourned until the 14th day of January 1871. And now
at this day the said Executor again appeared and made application to have said
will admitted to probate; and it appearing that said Stephen Smith is a minor
having no general guardian and Cornelius C. Weaver consenting thereto in
writing was appointed special guidance of said minor to take care of his right
and interest in the matter of proving said last Will and Testament.  And no
ore opposing and said will being produced and shown to the attesting witness
thereto the proof thereof; was take in as follows

County of Saratoga

     Surrogate Court In the matter of proving the last will and testament of
Stephen Smith deceased Saratoga County, SS. Isaac C. Orrnedy and Chauncey
Boughton of the town of Waterford in the County of Saratoga being first duly
sworn in open court on their oaths do depose and say; that they are
subscribing witnesses to the last will and Testament of Stephen Smith late of
the town of Halfmoon in the County of Saratoga aforesaid deceased.
     And the desponded further say that the said deceased did in the presence
of these deponents subscribe his name at the end of the instrument which is
now shown to these deponents and which purpose to be the last will and
Testament of the said deceased and which bears date on the 10th day of
September 1866, that the said deceased died, at the time of subscribing his
name to said instrument as afore said declare the same to be his last will &
testament; that these deponents did thereupon subscribe there own names at the
end of said instrument as attesting witnesses to the execution thereof at the
request of the said deceased and in his presence, and in the presence of each
other.  
    That the said deceased.  At the time of subscribing his name to said
instrument as aforesaid was upwards of twenty one year of age; that he
appeared to be of sound mind and memory and was not under restraint to the
knowledge of belief oath this deponents I. C. Ornsby C. Boughton.  Subscribed
and sworn to before me this 14th day of January 1871.  C.A.Waldron.
     Surrogate

And it appearing from the proof so taken that said instrument was duly
executed, and that said testator was at the time of executing the same in all
respect competent to devise real estate and not under restraint; and the said
Surrogate having inquired into the fact and circumstances & being satisfied of
the geniuses and validity of instrument be geniuses admitted to probate as
and for the last will and Testament of the said Stephen Smith deceased.  And
it is further ordered that said will be recorded with the proof thereof which
said proof is hereinbefore and said will is in the words and figure following
to wit.

     I Stephen Smith of the town of Halfmoon in the County of Saratoga, and
State of New York, of the age of Seventy three years, and being of sound mind
and memory do make, publish and declare this my last will & testament in
manner following that is to say; First; I give and bequeath to Hannah Maria
formerly the widow of my deceased son Henry Smith and now the wife of Collins
Doughty the sum of Seven hundred Dollars, to be paid within one year after my
decease.  Second; I give * bequeath to Phebe Jane Gosline, wife of Charles E.
Gosline of Halfmoon the sum of Five hundred dollars to be in like manner paid
within one year after my said deceased.  Third; I give, devise and bequeath
unto my grandson Stephen Smith son of my said deceased son Henry Smith all the
rest & residue of my property whether real or personal and wherever situated
(with the exception of the furniture hereinafter mentioned) to have and to
hold the same, to him the said Stephen Smith and his issues forever; but
should he die with out issue living at the time of his death then and in that
case the same to go to and be equally divided between my three bothers
Hezekiah, James and Cornell I. Smith and the children of my deceased brother
John R. Smith and the children of my deceased Sister Hannah Schoutin.  The
said children of my said deceased brothers and sister receiving the share that
would have belonged to their said respective parents were, or had they been
living and receiving equally with my said three brothers Hezekiah, James and
Cornell I. Smith; and in case of the death of either of my said brothers now
living, before my death the children of such one so dying to receive the share
herein given to such parents.  Fourth; I give and bequeath to my said Grandson
Stephen the best bedstead, bed and the proper and necessary bedding therefore
of which I may die possessed and also the proper furniture to furnish a
sleeping room in connection with said bed to be selected from such furniture
as I may have at the time of my death.  Fifthly, I give and bequeath to the
said Hannah Maria, Doughty and the said Phebe Jane Gosline all the rest and
residue of my household furniture the same to be equally divided between them
and in case of disagreement in respect to such division my executor herein
after mentioned to make such division.  Lastly: I herby nominate and appoint
Samuel Raymond and Charles E. Gosline Executors and the said Phebe Jane
Gosline Executor of this my last will and Testament hereby revoking all former
wills by me made.  And I direct that in case any of the aforesaid legatees or
devisees litigate of contest this my said last will and Testament that such
litigant or contestant shall be debarred from any and all benefit by reason of
such legacy or devise and I also direct that in case either of them should
interpose any claims for services or otherwise then such claimant to be in
like manner debarred.  And I further direct that either the said Hannah Marie
Doughty or her present husband Collin Doughty shall in no way be permitted by
my said executors and executrix to interfere with or exercise any control over
the share herein bequeathed or deceived to the said Stephen Smith.  Nor shall
they be permitted to occupy or use any manner to possess the same or any part
thereof.  In Witness whereof, I have hereunto set my hand and seal the 10th
day of September A.D. 1866.   Stephen Smith (S. S.)

The above instrument consisting of upwards of our sheet of paper was at the
date thereof signed, sealed, published and declared by the said testator
Stephen Smith as and for his last will and testament in presence of us and
each of us, who or his request & in here presence and in the presence of each
other have subscribed our names as witnesses.   I.C. Quinby, Waterford
NY        C.Boughton, Waterford NY.

Saratoga County, SS; I Cornelius A. Walduri Surrogate of said County do herby
certify the foregoing to be a true record of the last will and Testament of
Stephen Smith deceased, relating to both real and personal estate and of the
proof thereof taken before January 14th 1871.                    
C.A. Waldron         Surrogate