Signed May 28, 1781
Proved July 28, 1781
New York County, New York: Will Liber 34, Pages 257-259
His Excellency James Roberston Esquire Captain General
and Governor in Chief in and over the Province of New York and the Territories
depending thereon in America, Chancellor, and Vice Admiral of the same, and
Lieutenant General of his Majestys Forces.
To All to whom these Presents shall come or may in any
wise concern. Sendeth Greeting.
Know ye that at Queens County on the Twenty Eight day of
July last past before Samuel Clowes
Esquire thereunto Delegated and appointed, the last Will and Testament of Cornell Smith, Deceased, (a Copy
whereof is hereunto annexed), was proved and is now approved, and allowed of by
me; and the said Deceased, having whilst he lived and at the time of his Death,
Goods Chattels and Credits within this Province, by means whereof the proving
and registring the said Will, and the granting Administration of all and
singular the said Goods Chattels and Credits, and also the Auditting allowing
and final discharging the Account thereof doth belong unto me; The
administration of all and Singular the Goods Chattels and Credits of the said
Deceased, and any way Concerning his will, is granted unto Marsey Smith, Uriah Bedel
and Richard Matthews, the Executrix and
Executors in the said Will Named who are duly sworn well and faithfully to
Administer the same, and to make and Exhibit a true and perfect Inventory of
all and Singular the said Goods Chattels and Credits, and also to Render a Just
and true account thereof when thereunto Required. In Testimony whereof I have Caused the
Prorogative Seal of the Province of New York to be hereunto affixed at Fort
George in the City of New York the First day of August One thousand seven
hundred and Eighty one. --- Jam Bayard
Jun
Know all men by these presents that I, Cornel Smith, of
the Township of Hempstead in Queens County and Province of New York, Yeoman,
being this twenty Eight day of May in the year of Our Lord one thousand seven
hundred and Eighty One, weak in Body but of sound mind and memory for which I
bless Almighty God, and not knowing how soon it may please the Lord to take me
away by Death thefore I do make and Ordain this present writing and no other to
be my last Will and Testament as followeth.
First I do Recomend my Soul to God who gave it and my
Body I Committ to the Earth to be Buried with a Desient Burial at the
Discretion of my Executors herein after named, and as touching my worldly
Estate wherewith it hath pleased the Lord to bless me with. I will devise and dispose of in the following
manner.
Item. I will and
bequeath unto my loveing and well beloved Wife, Mercy Smith, my best feather Bed and furniture, two Cows and
Calves, two horses and Farming Utensils, ten sheep and Thirty pounds in Money
all at her Own disposall in Lue of her Right of Dower; and my Will is and I do
Order and direct that my said Wife shall have the use of all my household Goods
and four Cows, and the use and profits of my Dwelling house and Land that is to
say, all the Land belonging to my homstead that Derived unto me from my
Deceased Father, and also the Lott of Salt meadow and upland that I Bought of Abijah Bedel so long as she shall
remain my Widdow towards the Education and bringing up of my Children, untill
my younger Sons shall be twenty one years of age.
Item. I will and
Bequeath unto my Daughter, Susannah
Smith, one Feather Bed, Beding, and appurtenances thereunto belonging to
her own disposall.
Item. I will and
bequeath unto my Son, Amos, my Gun
and Cuttash and the sword that was my Son Elijah’s. I give unto my Son John to their Disposall.
Item. My will is
and I do order and Direct my Executors to sell all the Remainder of my moveable
Estate not above disposed of, and the Money arising therefrom to be disposed of
in the following manner.
First the above said sum of Thirty pounds to my said Wife
as aforesaid and to my said Daughter Susannah the sum of sixty pounds in money
to be at her own disposall, and my will is and I do order that all my Just
Debts together with my funirall Charges be fully paid out of the money arising
from my moveable Estate as aforesaid. It
is to be understood that my Negro Slaves is to be sold as my moveable Estate.
Item. I will and
bequest unto my Son, Jacob Smith, all
the Remainder of the Farm and Land that I Bought of Nehomiah Sammis only Excepting the south part that I have already
Conveyed unto my Son, Cornell Smith
Juner, and to the Remain unto the said Jacob
Smith and to his Heirs and assigns for ever.
Item. I will and
Bequeath unto my Son, Amos Smith,
all the Land that I purchased of my Brother, Johnathan Smith, Deceased, it being about ten acres, and also all
the Land that I purchased of Jonathan
Smith Juner, Deceased, adjoining to the said ten acres, and also a pece of
plain land and hollow ground that I purchased of Silvanus Smith, all which said
three pieces I do give unto my said son, Amos Smith, and to Remain unto him and
to his Heirs and assigns forever.
Item. I will and
bequeath unto my two youngest sons, namely John
Smith and David Smith, my
Homestead whereon I now live and appurtenances, that is to say, my Dwelling
House and Land near and adjoining that Derived unto me from my Father, Jonathan
Smith, Deceased, which my Wife is to have the use of as aforesaid together with
my Salt of Salt meadow and upland sittuate on Coes Neck that I bought of Abijah Bedel and a small Hay House on
said neck to be Removed thereon, and also five acres of wood land, part of the
land that I purchased of Samuel Clowes
and James Wood, adjoining to the
west side of the path that leads to Samuel
Motts mill, all which I do give unto my said Sons, John Smith and David
Smith, to be Divided Equill between them and Remain unto them and to Each of
their Heirs and assigns for ever. But my
Will is that if either of them should Dye before theay shall arive to be twenty
one years of age not then having Lawfull Issue that the Deceased sons part
shall Remain unto the survivor of them and to his Heirs and assigns forever,
but in Case both of my last named Sons should dye under the age of twenty one
years not then having Lawful Issue, that then all the Land and meadow that is
herein given unto them shall be equilly Divided amongst my surviving Sons and
amongst their Heirs and assigns for ever.
Item. I will and
bequeath unto my Sons, Cornell Smith, Jacob Smith, and Amos Smith, my lott of
Salt meadow and upland lying on Coes Neck that I purchased of Elijha Bedel, excepting a Small House
thereon, to be equally Divided amongst to them shear and shear alike, and
Remain unto them in severalty, and to their Heirs and assigns for ever, but if
either of them should Dye under the age of twenty one years, not then haveing
Lawfull Issue, that then the Deceased Sons part shall be Equilly Divided
between the survivors of them and between their Heirs and assigns for ever.
Item. I will and
bequeath unto my Sons, Cornell Smith and Amos Smith, all the Remainder of the
wood Land not above disposed of that I bought of Samuel Clowes and James Wood as
aforesaid, equilly to be Divided between them and Between their Heirs and
assigns forever and my will is that if my said Daughter, Susannah, should dye
before she shall come to be Eighteen years of Age or Day of marridge, that then
the said sixty pounds in money given unto her shall be divided between my said
wife and my Daughter, Mary Rainer,
to their own Disposall, and whereas I have given to my wife the sum of Thirty
pounds and money as is above mentioned, thereofore my will is that she shall
have the Sum of Thirty pounds more in Money out of my Moveable Estate and to be
at her Own Disposall, and further my Will is that all the Remainder of my
moveable Estate not above disposed of shall be Divided Equill amongst my said
wife and my two Daughters, Mary Rainer and Susannah Smith, shear and shear
alike and to their own Disposall.
Lastly, I do hereby ordain, Constitute, and appoint my
loveing Wife, Mercy Smith, and my
trusty Friends, Uriah Bedel and Richard Mathews, both of the Township
of Hempstead, to be the Executors of this, my last Will and Testament, giveing
them or the Survivors or Survivor of them full power and authority to Execute
the same and every Article herein Contained.
In Witness hereunto the said Cornel Smith hath sett to
his hand and fixed his Seal the year and Day above written. --- Cornel Smith X his mark
Signed, Sealed, pronounced, and Declared by the said
Cornel Smith to be his last Will and Testament in the presence of us who
submitted to the same as Witnesses in his presence and in the presence of Each
other.
Hannah Whaley
X her mark
Moses Cornelius
Richard Ellison
Queens County
Be it Remembered that on the Twenty Eight Day of July One
thousand and seven hundred and Eighty One, personally came and appeared before
me Samuel Clowes, Surrogate of the said County, Richard Ellison of Hempstead in
said County, yeoman, and being duly affirmed, Declared that he did see Cornell
Smith Sign and Seal the within Written Instrument, purporting to be the Will of
the said Cornell Smith, bearing date the Twenty Eight Day of May one thousand
seven hundred and Eighty One, and heard him publish and Declare the same as and
for his last Will and Testament; That at the time thereof he the said Cornell
Smith was of sound Disposing mind and memory, to the best of the Knowledge and
Belief of this Deponent; and that his name subscribed to the said Will is of
his own proper hand Writing which he subscribed as a Wittness to the said Will
in the Testators Presence. And that he,
this affirmanant, did see Hannah Whaley
make her mark, and Moses Cornelius
the other wittnesses to the said Will subscribe their names as wittnesses
thereto in the Testators Presence. --- S
Clowes Surrogate
No comments:
Post a Comment