Smith, Catherine
W13:353
will dated 6 February 1810(?)
proved 5 September 1812
In the name of God, Amen, I Catherine Smith of Smith's Parish in the Islands of Bewrmuda,
spinster, being in good health and of sound and disposing mind and memory (praise to God for the same) but being desirous to
settle all my worldly affairs while I have strength and ____city to do so I make and publish this my last will and testament
in manner and form following.
First. It is my will and desire and I do hereby direct that my just debts and funeral expences be paid and satisfied by my
executor hereinafter named, as speedily as may be after my decease.
Secondly. I give and bequeath unto each of my nieces Harriet Albouy and Anna Eliza Albouy the children of my sister
Margaret Albouy the sum of thirteen pounds current money of Bermuda, to be paid to them by my said executor on their
respective marriages, or on their respectively attaining the age of twenty one years whichever shall first happen, and not sooner.
Thirdly. All the rest and residue of my estate, both real and personal, of whatsoever nature or kind the same may be, and
wheresoever situate, I give, devise and bequeath unto my nephew John Walker his heirs, executors, administrators,
and assigns forever. Upon trust and confidence that he the said John Walker his heirs, executors, administrators,
and assigns, shall and do from time to time, during the life of my niece Mary P Peniston, the wife of Richard
Tucker Peniston pay the rents, shares and profits of any said estate unto such person and persons in such parts and
proportions, and for such uses, intents and pourposes, as my said niece Mary P Peniston, either verbally or by any
writing or writings under hand from time to time (notwithstanding her coverture) shall direct and appoint, and not unto
her own or her said husband's hands, nor to be subject to any contract, management, or disposal of her said husband, the
same being designed by me for her seperate use and benefit; and to be at her own disposal, notwithstanding her coverture,
and from and after her decease then in trust for such person and persons, and in such proportions and for such estates as
my said niece Mary P Peniston by any will or other writing under her hand and seal, testified by one or more witnesses
shall (notwithstanding her coverture) limit or appoint, and for want of such limitation or appointment then in trust for such
children, as she the said Mary P Peniston shall leave at her death, their heirs and assigns, equally between them as
tenants in common and not as jointenants.
Lastly. I revoke, annul, and make void all former and other wills by me heretofore made, and declare this and this only as and
for my last will and testament. And I do hereby constitute, nominate, and appoint my said nephew the aforesaid John Walker
sole executor of the same. In testimony whereof I the said Catherine Smith have hereunto set my hand and seal this sixth
day of February in the year of our Lord one thousand eight hundred and ten(?).
Signed, sealed, published and declared by the above named Catherine Smith as and for her alst will and testament, in the presence
of us, who at her request, in her presence and in the presence of each other, have subscribed our names as witnesses thereto.
James Canton
Joseph Spencer
Joseph Canton
Bermuda alias Somer's Islands
By his Honor William Smith, President, Commander in Chief, and Ordinary of these islands.
I do certify that this 5th day of September 1812, before me the President and Ordinary aforesaid personally appeared Mr James Canton
one of the subscribing witnesses to the foregoing instrument of writing and solemnly made oath on the Holy Evangelists of Almighty God that he saw
the testatrix Mrs Catherine Smith, late of Smith's Parish in these islands deceased, sign, seal and duly execute the said instrument
of writing as and for her last will and testament, and that at the time of such execution she, the said testatrix was of sound and disposing
mind, memory, and understanding according to the best of his the deponent's judgement, and that he also saw Mr Joseph Y Spencer and Mr Joseph Canton subscribe their names as witnesses thereto.
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In testimony whereof I the President and Ordinary aforesaid have hereunto set my hand and seal arms the day and year above written
By His Honor's command
Samuel Adams Dy Secy.