In the matter of the estate of EPHRAIM SMITH of Wilna, Jefferson County, NY: On 17 January 1855, HERMAN COWAN of Wilna, petitioned to open probate.
MARIA ARMSTRONG, wife of WILLIAM ARMSTRONG
NAPOLEON B. SMITH
THOMAS J. SMITH
CYNTHIA GOULD, wife of JOHN GOULD of Wilna
PATIENCE CHASE, wife of DAVID CHASE or Rutland
FRANCES BLOOD, wife of LEVI BLOOD of Windsor Co., Vermont
EPHRAIM SMITH made his will at age 79. He named his son, DAVID SMITH. He named his daughter, MARIA ARMSTRONG. Named his son, NAPOLEAN B. SMITH. Named his daughter, PATIENCE CHASE. Named his daughter, FRANCIS BLOOD. Named his son, EPHRAM SMITH. Named his grandson, STILLMAN ARMSTRONG. Named grandson, EPHRAIM SMITH, son of David. Appointed HERMAN COWAN as executor. Will dated 10 June 1854.
/s/ Ephraim Smith
Witnesses: Theodore S. Hammond and Charles T. Hammond, both of Carthage, NY
Will proved: 12 March 1855.
Jeff. Co., NY Wills, Vol. 3, p. 364.
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
In the name of God, Amen. I Ephraim Smith of the town of Wilna in the county of Jefferson and State of New York of the age of seventy-nine years, and being of sound mind and memory, do make, publish and declare this my last Will and Testament in manner following, that is to say.
First, I give and bequeath to my son, David Smith, the sum of two hundred dollars, to my daughter Maria Armstrong, the sum of two hundred dollars, to my son Napoleon B. Smith, the sum of one hundred dollars, to my daughter Patience Chase, the sum of fifty dollars, to my daughter Francis Blood, the sum of fifty dollars, to my son Ephraim Smith, the sum of fifty dollars, to my grandson Stillman Armstrong the sum of twenty-five dollars, and to my grandson Ephraim Smith, the son of David, the sum of twenty-five dollars. Which said several legacies or sums of money I direct and order to be paid to the said respective legacies within one year after my decease, but in case my estate at the time of my decease is not sufficient to pay all of the said legacies then and in that case I direct and order to be paid to the said respective legacies the whole of my estate after paying all of my just debts and funeral expenses and to be divided and paid to them in proportion to their said legacies.
Second, I give and devise all the rest residue and remaindeer of my estate to my sons, David Smith, Napoleon B. Smith and Ephraim Smith and my daughters Maria Armstrong, Patience Chase, Frances Blood, to be divided equally between them, share and share alike, and lastly I hereby appoint my friend, Herman Cowan of Wilna, afore said, sole executor of this my last Will and testament, hereby revoking all former Wills by me made. In witness whereof I have hereunto set my hand and seal the 10th day of June in the year of our Lord, one thousand Eight hundred fifty four.
Ephraim Smith L.S.
The above instrument consisting of one sheet was at the date thereof signed, sealed, published and declared by the said Ephraim Smith, as for his last Will and testament in the prescnece of us who at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses there to.
Theodore S. Hammond of Carthage, Jefferson Co. NY
Charles T. Hammond of Carthage, Jefferson Co. NY
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