WILL: Smith Brown; Wirt, Allegany co., New York
surname: Brown, Early, Elliot, Pierce

submitted by G Simons (gsimons at bellsouth.net)
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Source: sampubco.com
Allegany co NY Will Book Vol. 7 page 510
Written: 7 Apr 1871
Probated: 18 Jan 1875

Record of the Will of Smith Brown deceased

In the name of God amen I Smith Brown of the town of Wirt, County of Allegany,
New York, aged 55 years, being of sound mind and memory and considering the
uncertainty of this frail and transitory life do therefore make ordain publish
and declare this to be my last Will and Testament that is to say:

First: after all my lawful debts are paid and discharged I give and bequeath
to my Daughters Polly M. Early, Matilda A. Early, Mary A. Brown, Mary A.
Brown, Cornelia B. Brown and Olive A. Brown Four Hundred Dollars each to be
paid when my youngest daughter is of lawful age and my Real Estate is charged
with the payment of each and every of said Legacies. And I hereby order and
direct that if my Executrix has to pay a Note made by Z. B. Early and signed
by me payable to Jonah French that is to offset against Polly M. Early's
legacy. Also a Judgment I paid for R. B. Early is to offset against Matilda A.
Early's legacy or so much of said debts as may be necessary to pay said
Legacies including interest and not otherwise settled prior to the time of
payment thereof. The rest residue and remainder of my estate both real and
personal is to be divided equally with my four sons Anson D. Brown, Francis H.
Brown, Demster (or Denester?) Brown and Cornelius B. Brown after giving by
wife Eliza Brown the use of one third therof during her life time. My said
wife to have full control of the estate till the youngest daughter is of legal
age then division to be made as aforementioned. Likewise I make constitute and
appoint my said wife Eliza Brown to be Executrix of this my last Will and
Testament hereby revoking all former sills by me made.

On witness whereof I have hereunto subscribed by name and affixed by seal the
7th day of April in the year of our Lord One Thousand Eight Hundred and
Seventy One.

Smith Brown {L S}

The above written instrument was subscribed by the said Smith Brown in our
presence and acknowledged by him to each of us. and he at the same time
declared the above instrument so subscribed to be his last Will and Testament.
and we at his request have signed our names as witnesses hereto in his
presence and in the presence of each other and written opposite our names our
respective places of residence

A. L. Elliott........Wirt, Allegany Co., N.Y.
L. N. Pierce...........Wirt, Allegany Co., N.Y.

Surrogate Courte, County of Allegany
In the matter of Proving the Will of Smith Brown deceased }

County of Allegany s.s.
Aaron L Elliot and Lyman N Pierce of the town of Wirt in the county of
Allegany aforesaid being duly sworn do depose and say that they are the
subscribing witnesses to the last Will and Testament of Smith Brown late of
the town of Wirt in the county of Allegany aforesaid deceased. and these
deponents further say that the said Smith Brown the said testator did in the
presence of these deponents subscribe his name at the end of the instrument
which is now shown and exhibited to these deponents which purports to be the
last Will and Testament of the said Smith Brown. and which bears date on the
7th day of April in the year of our Lord One Thousand Eight Hundred and
Seventy One. And these deponents further say that the said testator did at the
said time of subscribing his name as aforesaid at the end of said will declare
the said instrument so subscribed and now exhibited to be his last Will and
Testament. and these deponents did therupon subscribe their names at the end
of the said will as attesting witnesses thereto ni the presence and at the
request of the said testator. and these deponents further say that at the said
time when the said testator subscribed his name to the said last will as
aforesaid and at the time of these deponents subscribing their names as
attesting witnesses thereto as aforesaid the testator was of sound mind +
memory of full age to execute a will and was not under any restraint and that
the said will now appears in all respects as when so executed without any
alteration whatsoever.

Subscribed + sworn this 18th } A. L. Elliot
day of January 1875 before me } Lyman N. Pierce
J. S. Green Surogate of Allegany County

Allegany County}
Surrogate Office} ss

It appearing from + upon the probe taken in respect to the last Will and
Testament of Smith Brown late of the town of Wirt Allegany County NY deceased
that the said will was duly executed. And that the said Smith Brown deceased
at the he time executed the same was in all respects competent to deoise (?)
real and personal estate and was not under any restraint.

The said last Will and the proofs and examinations taken thereon are herewith
duly signed certified and recorded in this office pursuant the provisions of
the Revised Statutes of the State of New York this 18th day of January 1875

Signed J. S. Green
Surogate