WILL: Rufus SMITH, 1872, 1877, Franklin Township, Susquehanna County, PA Contributed for use in the USGenWeb Archives by J. Fraser Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/susquep.html ________________________________________________ Transcribed from SAMPUBCO photocopy by J. Fraser Susquehanna Co, Pennsylvania, Will Book Vol. 4, pgs 117-119 (Susquehanna Co, SS. 117) In the matter of Probate of Will of Rufus Smith And now to wit: January 17th AD. 1877 was presented for probate an instrument of writing purporting to be the last Will and Testament with one codicil attached of Rufus Smith, late of the township of Franklin in said County deceased: and at the same time came J.B. McCollum and D W Searle the subscribing witnesses to the said instrument of writing who being duly sworn according to law did say that they were present and saw and heard the said Rufus Smith sign seal publish pronounce and declare the said instrument of writing as and for his last Will and Testament and at the time of his so doing he was of sound and disposing mind and memory to the best of their knowledge and belief Sworn and Subscribed before me ) this 17th day of Jan. A.D. 1877 ) J. B. McCollum H.F. Beardsley Registrar ) D. W. Searle (Susquehanna County, SS. 118) And now to wit: Jan. 17th A.D. 1877 was presented for probate an instrument of writing purporting to be the last Will and Testament with one codicil attached of Rufus Smith late of the Township of Franklin in said County deceased; and at the same time came J.B.McCollum and A.H. McCollum the subscribing witnesses to the said Codicil who being duly sworn according to law did say that they were present and saw and heard the said Rufus Smith sign seal publish pronounce and declare the said instrument as _?__ for a codicil to to his last Will and Testament and at the time of his so doing he was of sound and disposing mind and memory to the best of their knowledge and belief. J. B. McCollum Sworn and Subscribed before me this) A. H. McCollum 17th day of January AD. 1877 ) H.F. Beardsley Registrar ) Whereupon the said instrument of writing was admitted to probate as fully proven to be the last Will and Testament with one codicil - of Rufus Smith dec'd and is in the words following - I Rufus Smith of the township of Franklin in the county of Susquehanna and State of Pennsylvania being weak and feeble in body but of sound and disposing mind and memory, do make publish and declare this my last Will and Testament in manner following, herby (sic) revoking and making void all former wills by me at any time heretofor made. It is my will that all my just debts and funeral expenses be paid by my executor out of my estate as soon after my decease as it can possible be done. It is my will that two hundred dollars be expended by my Executor in the erection of the proper family monument at our family burial place with suitable inscriptions thereon. I give devise and bequeath to my beloved wife Diantha Smith the sum of twelve hundred dollars and also the rights and privileges reserved to us for our enjoyment during our lives and the life of the survivor of us in a certain contract or agreement between my son Rufus Smith and myself, the same to be accepted by her in lieu of full satisfaction of her exemption dower, and all rights under the intestate laws of Pennsylvania - and I here in express my confidence and belief that she will so accept the same as well in deference to my wishes as in obedience to the agreement and understanding now existing between us on the subject. All the rest and residue of my estate not personal and mixed I give devise and bequeath unto my son and daughters to wit: Rufus W. Smith, H. M. Smith, W. S. Smith, Lucy Ann Park, Evaline Park and Francis M. Smith to be equally divided between them share and share alike. And I hereby nominate and appoint and constitute my nephew W. C. Smith - in whose integrity and capacity I have full confidence - sole executor of this my last Will and Testament. In Witness where of I have hereunto set my hand and seal this twentieth day of February A.D. 1872 Rufus Smith (seal) Signed Sealed Published and Declared by the above named testator on the day and year aforesaid as and for his last Will and Testament in the presence of each other have hereunto set our names as witnesses J. B. McCollum D. W. Searle (Susquehanna County, SS. 119) Codicil - I Rufus Smith the above named testator do hereby make and publish this codicil to be added to my last Will and Testament bearing date as above the 20th day of February A.D. 1872 in manner following to wit: In addition to the bequests in said will given to my said wife Diantha Smith I give devise and bequeath to her the said Diantha Smith the use of my household furniture for and during the time of her natural life. In witness Whereof I have hereunto set my hand and seal this 28th day of October AD. 1872. Rufus Smith (seal) Signed Sealed Published and Declared by the said Rufus Smith as and for a codicil to his last Will and Testament in the presence of us who in his presence and in the presence have at his request subscribed our names at witnesses thereto J. B. McCollum A. H. McCollum