WILL: Samuel Smith; Canton, St. Lawrence co., NY
surname: Smith, Nicholson, Stevens, Buel, Spencer

submitted by Virginia Newton (vsnewton @ forbing.com)
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Transcribed from SAMPUBCO copy by Virginia Newton
St. Lawrence Co NY Will Book Vol. 9, page 673

Record of the Last Will and Testament
of Samuel Smith late of Canton, deceased with the proofs thereof.
Surrogate's Court, St. Lawrence County.

Be it remembered that heretofore, to wit: On the 30th day of August A.D. 1866 
Lewis E. Stevens Executor named in the Last Will and Testament codicil thereto
of Samuel Smith late of Canton in the County of St. Lawrence deceased applied
to the Surrogate of the County of St. Lawrence, to have the said Last Will and
Testament codicil, which relates to both real and personal estate, proved and
recorded; and on such application the said Surrogate did ascertain by
satisfactory evidence, who were the widow & heirs at law and next of kin to
said deceased testator, and their respective residences, viz: Cynthia Smith
widow & Martha Nicholson, Jane Smith, Joan Smith, Martha M. Stevens, Samuel H.
Stevens & Elbert E. Stevens of Canton N.Y. and Minerva Buel of Lowville NY,
George Smith of Gouverneur NY. & Frederick Smith of Malone NY and said
Surrogate did thereupon issue a citation in due form of law, directed to the
widow & heirs at law and next of kin by their respective names, stating their
places of residence, requiring them to appear before the said Surrogate at the
office of Charles Anthony in the Village of Gouverneur in said County on the
20th day of September A.D. 1866 to attend the probate of said Will; and
afterwards, to wit: On the 27th day of September A.D. 1866 at Gouverneur
aforesaid, satisfactory evidence having been presented to the said Surrogate
of the service of the said citation in the mode prescribed by law on said
widow & all of said heirs at law and A.M. Barney was duly appointed &
personally appeared as special guardian of Frederick Smith; Martha Stevens
(then Spencer), Elbert E. Stevens Samuel H. Stevens, and Amos S. Egert a
witness to said will & the witness to said codicil having been duly examined
and the said matter having been indefinitely adjourned to said Surrogate's
office in Ogdensburg, to take the testimony of the other witness to said will
now on the 19th day of December 1868 at Ogdensburg aforesaid the Executor
appeared & moved that said will be admitted to probate on the ground that the
execution of the codicil is a republication of Said will no one appearing to
oppose the probate of said Will, the said Surrogate took the proofs of said
Will hereinafter set forth, and did thereupon adjudge said Will to be a valid
Will of real and personal estate, and the proofs thereof to be sufficient;
which said Last Will and Testament & codicil, and the proofs taken thereon are
as follows, that is to say:
     WILL.

In the name of God Amen.  I, Samuel Smith, of Canton late of Gouverneur being
of sound mind and memory and considering the uncertainty of this frail and
transitory life to therefore make, ordain publish and declare this my last
Will & Testament. 

That is to say First after all my lawful debts are paid and discharged I give
and bequeath to my wife Cynthia the use and income of all my estate both real
and personal for an during her natural life.

Second After the decease of my said wife I give and bequeath to my son George
W. Smith the sum of Five Hundred Dollars, payable in one year after the
decease of my said wife. 

Third All the rest residue and remainder of my property both real and personal
I give bequeath and devise to my two daughters Jane and Joan to be equally
divided between them share and share and share alike.

     Likewise I make constitute and appoint Albert M. Barney and Henry Sudds
of Gouverneur to be Executors of this my last Will and Testament, hereby
revoking all former Wills by me made.  

     In Witness Whereof I have herewith subscribed my name, and affixed my
seal, the 23rd day of March in the year of our Lord One thousand eight Hundred
and Sixty Six.

     Samuel Smith (L.S.)
The above written instrument was subscribed by the Said Samuel Smith in our
presence, and acknowledged by him to each of us and we at the same time
declared the above Instrument so subscribed to be his last Will and Testament;
and we, at his request have signed our names as witnesses hereto and written
opposite our names our respective places of residence.
A. S. Egert    Gouverneur N.Y.
S. B. Stinson  Gouverneur N.Y.


Whereas Samuel Smith now of the Village of Canton in the County of St.
Lawrence and State of New York have therefore made my last Will and Testament
in writing bearing date on or about the 15th day of May 1866 in and by which
Will and Testament I nominated certain person or persons therein named my
Executors thereof Now Therefore by this my writing which I hereby declare to
be a Codicil to my said last Will and Testament and to be taken as a part
thereof.  I do hereby and by the presents order declare and nominate and
appoint revoke so much of said last Will and Testament so made by me as
aforesaid as relates to the nomination and appointment of the Executor therein
named and by this presents order, declare and nominate and appoint in the
stead and place thereof Lewis E. Stevens of the Village of Canton in the
County of S. Lawrence NY my Executor of my said last will & Testament.

In Witness Whereof I have hereunto set my hand and seal this 16th day of July
1866.
     Samuel Smith (L.S.)
The above instrument consisting of one half sheet was on the date thereof
signed, sealed, published and declared by the said Samuel Smith as and for a
codicil to his last Will & Testament in presence of us who at his request and
in his presence and in the presence of each other have subscribed our names as
witness thereto.
S. B. N. Beckwith   Canton St. Law Co. NY
J. J. Johnson       Canton St. Law Co. NY


Surrogate's Court
In the matter of proving the Last WILL and Testament of Samuel Smith DECEASED
St. Lawrence County, ss:

Amos S. Egert being first duly sworn in open court, upon their several his
corporal oaths, each for himself, doth depose and say that they are he is a
subscribing witnesses to the Last Will and Testament of Samuel Smith late of
Gouverneur in the County of St. Lawrence and State of New York deceased.  And
these deponents do further say, that the said Samuel Smithdeceased, did, in
the presence of each of these deponents, subscribe his name at the end of the
instrument in writing, which is now here shown, and which purports to be the
Last Will and Testament of the said deceased, and which bears date the 23rd
day of March A.D. 1866.  That the said deceased did, at the time of so
subscribing his name to said instrument, declare the same to be his Last Will
and Testament; and these deponents did thereupon subscribe their own
respective names to said instrument, as attesting witnesses to the Execution
thereof, each at the request of the said deceased, and in his presence, and in
the presence of each other; that the said deceased was at the time, upwards of
twenty-one years of age and was a citizen of the United States, and a resident
of the County of St. Lawrence; that he appeared to be and deponents believe he
was of sound mind, memory and understanding, and not under any restraint; and
as deponents verily believe, in all respects competent to devise real estate.
I said Sylvanus Stinson Sign the will as a witness
Sworn before me this 20th day of Sept 1866        AS Egert
     S. Foote Surrogate

St. Lawrence County ss: S. B. M Beckwith & Jerome J. Johnson being duly sworn
say each for himself that he saw Samuel Smith sign the instrument now here
introduced dated the 14th day of July 1866 purporting to be a codicil to his
last will and testament, that at the home of signing the same the testator
declared it to be a codicil to his last will & testament, and requested
deponents to sign the same as witnesses that testator was at the time in
opinion of deponents of Sound mind, memory & understanding & not under
restraint & competent to devise real estate & deponents signed as witnesses
each at request of testator.
     S. B. M. Beckwith
     Jerome J. Johnson
Sworn before me this 20th day of September 1866 
     Stillman Foote
     Surrogate

St. Lawrence Co., ss:
     It appearing from the proofs duly taken in respect to the Last Will and
Testament & the codicil thereto of Samuel Smith late of Canton in the County
of St. Lawrence and State of New York deceased; that the said Will codicil was
duly executed, and that the said Samuel Smith at the time he executed the
same, was in all respects competent to devise real estate, and not under
restraint, the sit Last Will and Testament, and the proofs and Examinations
are hereby Recorded, signed, and Certified by me, pursuant to the provisions
of the Revised Statutes, this 19th day of December A.D. 1868.
     Stillman Foote, Surrogate