At a surrogate court held in and for the county of Jefferson at the surrogate office in Watertown in said county the 12th day of March 1855.
Present James K.A. Perkins, surrogate. In the matters approving the last will and testament of Ephraim Smith deceased.
Be it remembered that on the 17th day of January 1855, Herman Cowan of Wilma in said county came before said surrogate and made and filed his petition on oath stating and then by said surrogate was satisfied that Ephraim Smith late an inhabitant of the county of Jefferson and owning personal estate therein had died haing previously dully made and published his Last Will and testament disposing of said estate and therein had named the said Herman Cowen the sole executor thereof. That the heirs at law and next of kin of said deceased are as follows and none other or others viz. David Smith, Maria Armstrong, wife of William Armstrong, Napoleon B. Smith, Ephraim Smith, Thomas J. Smith, Cynthia Gould, wife of John Gould of Wilna above said, Patience Chase, wife of David Chase of Rutland in said county and Frances Blood, wife of Levi Blood of Winsor Co. Vermont, and by said petition it was prayed that a citation might issue out of and under the seal of this court to be directed to the proper persons requiring them at such time and place as should be in said citation mentioned to appear and attend the probate of said will, and for such further or other proceedings in the premises should be dully had as may be required to the proving and recording of said will and th e granting probate and letters testamentary thereof.
Thereupon said surrogate being satisfied of the truth of the matters stated and set forth in said petition did issue a citation under his hand and official seal bearing date the 17th day of January 1855, dexeted [sic] to the persons above named stating their places of residence respectively and that Herman Cowan the executor in said will named, had applied to said surrogate to have the same proved as Will of personal property and requiring them to be and appear before said surrogate in his office in Watertown, in said county on the 12th day of March 1855 at 10 o'clock in the forenoon and attend the probate of said Will.
Thereupon process was continued until the return day, therefore at which time and place mentioned appeared in court before said surrogate due proof by affidavit of the personal service of said citation on the several persons above named residing in this state and of the due publication thereof in the state papers and no one appearing to oppose. The said surrogate did thereupon proceeded to hear this proof and allegations of the parties in the premise. The said Will was produced and Theodore J. Hammond, and Charles T. Hammond, the subscribing witnesses to said Will were severally duly sworn and testified as such sitnesses which testimony after being reduced to writing was carefully read over to and subscribed by them respectively and the same was afterwards recorded as follows herein after whereupon said surrogate being satisfied from said proofs and examinations that said Will was dully executed that the testator at the time of executing the same was of sound and dispoing mind, memory, and understanding of full age and not under any restraint and competent to make a will. That said Will was dully made and published as a Will of personal estate both order adjadge and decree that said Will be and the same is hereby proved approved established and confirmed as a good and valid will of Personal estate and that the same be recorded as such and the same with the proofs thereof taken and the certificate therein endorsed is recorded in the office of said surrogate on the book kept for that purpose which record follows immediately herein after and is further ordered that letters testamentary issue too Herman Cowan the executor in said will named.
Recorded March 12th 1855 James K.A. Perkins, surrogate
James K.A. Perkins, of said county at Watertown of said surrogate
county the day and year first above said.
James K. A. Perkins Surrogate