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WILL: Jacob Smith; Half Moon; Saratoga Co., NY

submitted by Virginia Majchrowski Smith (tvirman@voyager.net).

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Will of John Smith son, Jacob Smith that lived in Halfmoon, Saratoga County,
New York.
Given to me by W. David Samuelsen. (SAMPUBCO)

Jacob Smith Be it remembered, that at a Surrogates court, held in and for the
county of Saratoga, at the Surrogates office, in the village of Stillwater, on
the twenty first day of December 1833. Hannah Smith the widow of Jacob Smith
late of the town of Halfmoon in said county deceased, and Isaac Smith and
Stephen R. Smith, two of his sons and only heirs at law and devisees named in
the last will and testament of the said Jacob, and having showed themselves to
be such, and that Asah Philo and William Smith, executors named in said will
had renounced their appointment.  And then and there produced to said
Surrogate a certain instrument in writing purporting to be the last will and
testament of the said Jacob Smith deceased bearing date the 28 day of April
1832.  And Asah Philo being duly sworn said that he knew the said Jacob Smith
the testator, and drew the said will by his direction, and James J. Swartout
and Peter W. Waldron also being duly sworn did with the said Asahel depose and
say. That they were present together and saw the said Jacob sign and seal said
will, the that they saw him publish and declare the same to be his last will
and testament, and that at the time of the execution there of he was of sound
mind and understanding.   And above the age of twenty one years and free from
restraint, and that they subscribed said will at the request of the said
testator in his presence and in the presence of each other, as witnesses
therein appearing to said surrogate that said will was duly legalized and that
the testator at the time of executing the same was in all respects competent
to devise, real estate and not with or restraint and the said Surrogate being
also satisfied, of the validity and genuineness of said will, admits the same
to probate and to be recorded and certified that the following is a true
copy .

In the name of God Amen.  I, Jacob Smith of the town of Halfmoon, in the
county of Saratoga and State of New York, being weak in body, but of sound and
perfect mind and memory, before Almighty God do make and publish this my last
will & testament in manner and form following that is to say, First I give and
bequeath unto my dearly beloved wife, Hannah Smith, one brass clock, one
bureau, one old fashion closed cupboard and one low chest, two beds and a
sufficient quantity of clothing for ______, and curtains for the same.   Six
Silver tablespoons, twelve silver teaspoons, one set of tea table furniture of
the best kind, together with silver sugar tongs all of which said articles is
now in possession of me the said testator-and a bond of seven hundred and
fifty dollars, signed by Benjamin Rosecrans deceased and John Rosecrans,
together with the interest that shall be due thereon, at the time of my
decease forever.  And I do also give and bequeath, unto my said wife Hannah
Smith the use of all and singular the real and personal Estate that shall and
may belong to me at my decease, for and during the natural life of her the
said Hannah.  And I also give and bequeath to my eldest son Stephen R. Smith
all the real or freehold estate that he now occupies or possesses. To have and
to hold, the said premises to him the said Stephen R. Smith and to his heirs
and assignees forever.  Subject never the less to the above said request, made
to my wife Hannah Smith, that is to use and occupancy of the same during her
natural life.  And to my grand daughter Hannah Smith, daughter of the said
Stephen R. Smith, the sum of Two thousand dollars in cash, to be paid to the
said Hannah by my executors hereafter named and that in one year from decease
of her said grandmother, Hannah Smith, if she the said Hannah, shall be twenty
one year of age and if she shall be under the said age of twenty one, therein
such case the interest of the said Two thousand dollars shall be paid to the
said Stephen R. Smith for his use until the said Hannah shall arrive to the
said age of twenty one years.  Then the principal that is the two thousand
dollars is to be paid to the said Hannah, for her use forever.  And I do give
and bequeath unto my son Isaac Smith, the use and occupancy of all and
singular the lands and tenements of the farm on which I now reside.  To have
and to hold the same with the appurtenances therein during his natural life. 
Reserving nevertheless the above bequest made to my wife Hannah Smith, that is
the use and occupancy of the same during the term of her natural life.  And I
do give and bequeath unto the lawful children of the said Isaac Smith and
to their heirs and assignees all and singular the last above said farm of
land, with the appurtenances thereof to take, occupy, hold and enjoy. At the
time of the decease of said Isaac Smith and thereafter forever.

And I do further give and bequeath unto my two sons Stephen Smith and Isaac
Smith to be equally divided between them, by my said executors after the
decease of my said wife Hannah Smith, all and singular the remains of my
personal Estate of every name and nature whatsoever for their use for ever. 
And lastly I do hereby authorize, nominate and appoint my beloved brother
William Smith and my friend Asah Philo both of said town of Halfmoon,
executors of this my last will and testament.  hereby working all former wills
by me made.

In a ____whereof I have hereinto set my hand and seal the Twenty-Eight day of
April, in the year of our Lord, One Thousand, Eight Hundred and thirty two. 
Jacob Smith S.S. Signed, Sealed, published and declared by the above named
Jacob Smith to be his last will and testament in the presence of us residing
in the town of Halfmoon, in the county of Saratoga, who have hereunto
subscribed our names as witness in the presents of the testator, and in the
presence of each other April 28, 1832.  James J. Swartout Peter Waldron Asah
Philo

G. George Palmer Surrogate of the county of Saratoga do hereby certify the
above records to be a true copy of the last will and testament of Jacob Smith,
late of the town of Halfmoon in said county recorded and admitted to probate
by me.

                                                         George Palmer

 NOTE: Very difficult to read this will.  The names Asah Philo, James J.
Swartout, Peter  Waldron and John and Benjamin Rosecrans may all be spelled
differently.