Will of Elijah Smith of Amenia
Dutchess County Court Records
Transcribed by Don Howard
In the name of God Amen I Elijah Smith of the Town of Amenia in Dutchess County and State of New York being of a sound mind and memory do this seventh day of May in the year of our Lord one thousand eight hundred and nineteen make publish ordain and declare this my last Will and Testament in the form & manner following to wit: 1st It is my will that as soon as conveniently may be after my decease that all my funeral expenses and other just debts should be paid with promptings 2nd To my beloved wife Lydia I give and bequeath the use of one equal third part of all my household furniture, farming utensils, cattle, horses, sheep and hogs for and during her natural life and after her decease to be disposed of as is herein after directed - 3rd To my son Elijah I give and bequeath the sum of Two hundred dollars. And to my son Munson I do give the sum of one hundred dollars (which said sums) I give to Elijah and Munson to make them equal with my other sons (Viz) Jesse Enoch and Platt they having been advanced by me heretofore- 4th To the lawful heirs of my daughter, Anna and the children of my daughter Abigail and to my daughters Sarah, Lydia and Huldah I do hereby give the sum of one hundred and fifty dollars each. The heirs of my daughter Anna and the children of my said daughter Abigail being only considered as entitled to one share each. that is to say the heirs of my said daughter Anna one hundred and fifty dollars- and the children of my said daughter Abigail one hundred and fifty dollars- And to my daughter Chloe I do give and bequeathe the sum of of two hundred dollars – 5th I do hereby give and bequeathe all my estate not herein before devised to my sons Elijah, Munson, Jesse, and Platt and to the said heirs of my daughter Anna- And the children of my said daughter Abigail and to my daughters Sarah, Lydia, Huldah and Chloe in the following manner to wit my sons Elijah, Munson, Jesse, Enoch and Platt and my daughter Chloe to have twice as much each as my said daughters Sarah, Huldah or the heirs of my said daughter Anna or children of my daughter Abigail- who are only to have the share that would otherwise have gone to their mothers respectively- 6th I do hereby appoint my friends Douglas Clark and Enos Hopkins to be the Executors of this my last Will and Testament to see that my intent and meaning is truly performed according to the true intent and meaning hereof- In witness whereof I have hereunto set my hand and seal the same day and year first above written.
Elijah Smith LS
Signed sealed published and declared in presence of us as and for his Will and Testament by the said Elijah Smith and subscribed by us as witnesses in the presence of the Testator and of each other- Betsy Hopkins, Hannah Hopkins, Daniel Haywood
I Elijah Smith of Amenia in Dutchess County and State of New York do this sixteenth day of August in the year one thousand and eight hundred and nineteen make and publish this codicil to my last Will and Testament in manner following (that is to say) To my son Elijah I give and bequeathe the sum of fifty dollars in addition to what I have heretofore bequeathed unto him in my said last Will and Testament- And whereas I have given and bequeathed to my daughter Lydia one hundred and fifty dollars in and by last Will and Testament and likewise an equal share (of my estate not otherwise devised in my said Will with) with the heirs of my daughter Anna and the children of my daughter Abigail and my daughters Sarah and Huldah as by reference to the fifth article of my said Will will more fully and at large appear- Now therefore know ye that it is my will and I do hereby order and direct that the said Legacy to my said daughter Lydia bequeathed as aforesaid shall be by my Executors paid to my son Platt as Trustee for her who is to pay the same over to my daughter Lydia as she shall require the same or in case of her decease to pay the same over to her lawful heirs- In witness whereof I have hereunto set my hand and seal the same day and year first above written.
Elijah Smith LS
Signed sealed published & declared by the above named Elijah Smith as a Codicil to be annexed to his last Will & Testament in the presence of Betsy Hopkins, Hannah Hopkins, Martin Pulver
Dutchess County: Be it remembered, that on the fifth day of April in the year of our Lord one thousand eight hundred and twenty six personally appeared before me James Hooker, Surrogate of the County of Dutchess, Hannah Hopkins one of the subscribing witnesses to the Will and also to the codicil thereto of Elijah Smith late of the Town of Amenia in said County deceased, who being duly sworn declared that she did see the said Elijah Smith seal and execute the instrument hereunto annexed, purporting to be the last Will & Testament of the said Elijah Smith bearing date the seventh day of May in the year of our Lord one thousand eight hundred and nineteen; that she heard him the said Elijah Smith publish and declare the same as and for his last Will & Testament, that at the time thereof he the said Elijah Smith was of sound disposing mind & memory to the best of the knowledge and belief of the deponent, and that she the deponent and Betsy Hopkins and Daniel Haywood did severally subscribe their names to said Will as witnesses thereto in the presence of the testator: And also that she did see the said Elijah Smith seal and execute the instrument, also hereunto annexed, purporting to be a Codicil to said Will, bearing date the sixteenth day of August in the year one thousand eight hundred and nineteen, that she heard him the said Elijah Smith publish and declare the same as an for a codicil to his said last Will & Testament, that at the time thereof he the said Elijah Smith was of sound disposing mind and memory to the best of the knowledge and belief of the deponent, and that she the deponent and Betsy Hopkins and Martin Pulver severally subscribed then said Codicil as witnesses thereof in the presence of said Testator.
LS
In testimony whereof the said Surrogate hath hereunto set his hand and affixed his seal of office the fifth day of April in the year of our Lord one thousand eight hundred and twenty six-
James Hooker Surrogate
Dutchess County: Be it also remembered that on the fifth day of April in the year of our Lord one thousand and eight hundred and twenty six before me the said Surrogate personally appeared Douglas Clark & Enos Hopkins the Executors in the aforesaid Will named, and were duly sworn to the faithful performance and execution thereof by taking the usual oath in that case provided-
LS
James Hooker Surrogate
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