WILL: Cornell I. Smith; Half Moon, Saratoga Co., NY

Copyright (c) 2002 by (tvirman@voyager.net).

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Saratoga County Will Book Vol. 24 page 363

Will of James Smith & Ruth Rogers son, Cornell I. Smith  who lived in Halfmoon
Saratoga County, NY.

Submitted by Virginia Majchrowski Smith 10753 Orban Rd. Grass Lake, Michigan
49240 tvirman@voyager.net   Obtained will from W. David Samuelsen. Difficult
to read & some names & words may be spelled wrong.

 WILL OF CORNELL I. SMITH

The last will and Testament of Cornell I. Smith, late of the town of Halfmoon,
Saratoga County N.Y. Deceased- Relating to real & personal property recorded
May 8th, 1876.

At a Surrogate Court held at the Village of Waterford in and for the county of
Saratoga on the 8th day of May 1876.

Present: Cornelius A. Waldron, Surrogate.

     Be it remembered that at a Surrogate Court, held at the village of
Waterford in and for the county of Saratoga, on the 21st day of April 1876. 
Silas H. Smith of the town of Halfmoon in said county, the person named as
executor in a certain instrument in writing, bearing date June 10th 1871.  And
purporting to be the last will & Testament of Cornell I. Smith appeared and
presented said will for probate-and at the same time made satisfactory  proof
that the said Cornell I. Smith died on the 15th day of April 1876.  And Elvira
Sickler residing in the town of Halfmoon aforesaid Susan B. Smith residing in
Jersey City in the State of New Jersey, and said petitioners Silas H. Smith,
all of full age-who are all and the only heirs at law and next of kin of the
said deceased.  And thereupon a citation was read to the said heirs at law and
next of kin, citing them to appear before the said Surrogate at his office in
the village of Waterford in said county of Saratoga, on the 8th day of May
1876, at 10 o’clock in the forenoon of that day, to attend the proof & probate
of said will.  At which last mentioned time and place the said Silas H. Smith
again appeared, and returned said will with proof of me due and legal service
of the same, upon all to whom directed-and the said Silas H. Smith produced
said will, and made application to have the same admitted to probate.     ~~~
And now on the said 8th day of May 1876 at said last mentioned hour and
place-the said petitioners appearing in personal no one opposing the said will
was produced and shown to the attesting witness thereto, and the proof was
taken as follows.

 County of Saratoga-Surrogates Court.  In the matter of proving the last will
and testament of Cornell I. Smith deceased.  Saratoga County: Robert C.
Waldron and Abram J. Hawley 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
 Cornell I. Smith late of the town of Halfmoon in the county of Saratoga
aforesaid, deceased. And these deponents 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 purports to be
his last will and testament of the said deceased, and which bears date on the
Tenth Day of June in the year one thousand Eight hundred and Seventy one, that
the said deceased did at the time of subscribing his name to said instrument
as aforesaid, declare the same to be his last will and testament, that these
deponents are thereupon subscribe their own names at the end of said
instrument as attesting witeness's 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 years of age; that he appeared to be
of sound mind and memory, and was not under restrain, to the knowledge or
belief of his departure.
                                    Robt. C. Waldon-A. T. Hawley

Scribe and Sworn this 8th day of May 1876 before me, C. A. Waldon Surrogate.

     And it appearing from the proof so taken, that said instrument was duly
executed and that the said testator was at the time of executing the same, in
all aspects competent to devise real estate, and was not under restraint-And
the said Surrogate having inquired into the facts and circumstances, and being
satisfied of the ----------- and validity of said instrument and no objection
being made thereto-is ordered a judges and decreed, that said instrument be
admitted to probate and for the last will and testament of the said Cornell I.
Smith deceased.  And it is further ordered that said will re recorded with the
proof thereof, which said proof is hereinbefore recorded-and said will in the
words and figures following, to wit:

 I Cornell I. Smith of the town of Halfmoon in the county of Saratoga and
state of New York do  hereby make, publish and declare my last will and
testament as follows, to wit:

First:-I order and direct all my just debts and funeral expenses to be paid.
Second:-I give and bequeath unto my daughter Martha M. Smith the sum of twenty
five hundred dollars, and a home upon the farm where I now reside, as long as
she remains unmarried. Third:-I give and bequeath unto my daughter Alvira
Sickler wife of William h. Sickler the sum of fifteen hundred dollars.
Forth:-I give and bequeath unto my wife Sally all my household furniture, and
the use of income during her natural life of the equal undivided one half of
the rest and residue of my estate. Fifth:-I give devise and bequeath to my son
Silas H. Smith all the rest residue and remainder of my Estate.  The forgoing
provision to and for my wife are to be accepted and received by her in heir of
power and of all other rights and interests in my estate both real and
personal.  In case my personal estate shall be insufficient to pay the money
legacies above mentioned.  I charge the deficiency and the payment thereof
upon my real estate.

Lastly:-I herby nominate, constitute and appoint my son Silas H. Smith sole
executor hereof. In witness whereof I have hereunto set my hand and seal the
tenth day of June A.D. 1871.
Cornell J. Smith

The foregoing instrument was at the date thereof signed published and declared
by Cornell J Smith the testator therein named us and for his last will and
testament in presence of us who at his request in his presence, and in the
presence of each other have hereunto subscribed our names as wittiness.  Robb
C. Waldron   Waterford, N.Y. A T. Hawley   Waterford, N.Y.

 Saratoga county: I Cornelius I Waldron Surrogate of said county do hereby
certify the foregoing to be a true recount of the past will and testament of
Cornell J. Smith, late of the town of Waterford in said county,
deceased-relating to real and personal property and estate-together with the
proof thereof-recorded on the 8th day of May 1876

   C.A.Waldron                                                              
Surrogate