WILL: Esek Smith; Chautauqua, Chautauqua co., NY
surname: Smith

submitted by Martin Juul (Mjuul @ aol.com)
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Source: SAMPUBCO photocopy
Chautauqua co NY Will Book Vol. 7 page 391
Written: 19 Apr 1882
Probated: 10 May 1882


     In the name of God Amen:  I Esek Smith of Chautauqua N.Y. being of sound
mind and knowing, 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 son John H. Smith, my farm situated in the Town of Chautauqua,
N.Y. called the Whicker Farm being part of Lot No. 76 and 78 in the survey of
the Village of Mayville 116 acres, subject to the payment by him to my 
Executors the sum of Four Hundred Dollars within four years after my death.

     Second, I give and bequeath my farm situated in said Town called the
Robison Farm being part of Lot No. 16 and 24 in the 3rd Township in the 14th
Range One Hundred acres to my son Charles E. Smith subject to the payment and
discharge of the mortgage on the same by him.

     Third, I give and bequeath to my daughter Esther A. Smith my homestead
farm in said Town being part of Lot No. 33 in the 4th Township in the 14th
Range Fifty acres, and four cows and all of my household goods except two beds
and bedding.

     Fourth, I give and bequeath to my sons John H and Charles E of my
household goods one bed and bedding each.

     Fifth, The above bequests to my son Charles E. Smith and my daughter
Esther A. Smith are made subject to the support and care of my son Gilbert A.
Smith during his natural life by them and I hereby charge the bequests hereby
made to them with support and care of the said Gilbert A. Smith to share
alike.

     Sixth, All the rest and residue of my estate both Real and Personal of
every kind whatsoever and wheresoever, I give and bequeath to my said daughter
Esther A. Smith and my said son Charles E. Smith to share and share alike.

        Seventh, It is my request that my said daughter Esther assist her
brother the said Charles to the extent of means without involving her to pay
off and discharge the said mortgage.

     Likewise, I make constitute and appoint the said Esther A. Smith and
Charles E. Smith to be Executrix and Executor of this my last Will and
Testament hereon revoking all former Wills by me made.

     In Witness, Whereof, I hereunto subscribed my name and affixed my seal
the Nineteenth day of April in the year of our Lord, one thousand and eight
hundred and eighty two.

Esek Smith, L.S

     The above written instrument was subscribed by the said Esek Smith 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 respective
places of residence.

William Chace Residing in the Town of Chautauqua N.Y.
John Rollman Residing in the Town of Chautauqua N.Y.

     Recorded the foregoing last Will and Testament of Esek Smith deceased
and confirmed the same with the original Will this 10th day of May 1882.

C. G. Maples, Surrogate