Herkimer Co, NY Wills, Vol. K, Page 507
Smith, Timothy of Newport (Formerly of Deerfield, Oneida Co)
Will Dated 09OCT1856
Will Proved 01FEB1858
Will Probated 22FEB1858
Be it remembered that heretofore to wit on the 1st day of February 1858 Orrin SMITH an executor named in the last will and testament of Timothy SMITH late of the town of Newport in the County of Herkimer deceased appeared in open court before the surrogate of the said county of Herkimer and made application to have the said last will and testament which relates to both real and personal estate proved and on such application the surrogate did ascertain by satisfactory evidence who were the widow heirs and next of kin of the said deceased and their respective residences and some of them appearing to be minors and having no general guardian residing within the state of New York a special guardian was appointed in due form of law to take care of their interests in the matter of proving the said will by an order entered for that purpose - by said surrogate, and said surrogate did thereupon issue a citation in due form of law directed to the said widow heirs and next of kin and special guardian by their respective names stating their respective places of residence requiring them to appear before said surrogate at his office in the village of Herkimer on the 22nd day of February then instant to attend the probate of the said will, and on this the said 22nd day of February satisfactory evidence by affidavit was produced and presented to said surrogate of the service of the said citation in the mode prescribed by law and no one appearing to oppose the probate of said will such proceedings were thereupon had that the surrogate took the proof of said will and of the hereinafter set forth and he adjudged the said will to be a valid will of real and personal estate and the proofs thereof to be sufficient which said last will and testament and proofs are as follows that is to say:
I Timothy SMITH of the town of Newport in the county of Herkimer and State of New York being of sound mind and memory do make publish and declare this my last will and testament -- in manner following that is to say:
FIRST - I order and direct that all my just debts and funeral expenses be paid by my executor hereinafter named.
SECOND I give and bequeath to my beloved wife Laura all that part of my personal property and household furniture which she brought to my house and that she has made or may make while living with me or that has been purchased by her with her money since my marriage with her.
THIRD I give and bequeath to my said wife Laura in case she survives me the sum of four hundred dollars to be paid to her by my executor hereinafter named as soon after my decease as conveniently may be which said sum is to be in lieu of her right of dower in my estate.
FOURTH having heretofore made advances to my daughters Mittie wife of Marks SEALY and Fanny wife of Martin COOLEY and to my son Alpheus SMITH now residing in the state of Pennsylvania equal to what I deem to be their share of my estate. I therefore hereby give devise and bequeath unto my son Orrin SMITH of Deerfield, Oneida County all and singular all my real and personal estate remaining after the payment of my just debts and funeral expenses and of the legacy hereinfore mentioned to my wife Laura in case she should survive me to have and to hold the same to the said Orin and to his heirs and assigns forever.
LASTLY I do hereby nominate and appoint my said son Orin Smith sole executor of this my last will and testament hereby revoking all other or former wills made by me. In witness whereof I have hereunto set my hand and seal this 9th day of October A.D. 1856.
Timothy X Smith (L.S.)
The above or foregoing instrument consisting of one sheet was at the date thereof signed sealed published and declared by the said Timothy SMITH as for his last will and testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.
John H. Wooster Newport
Anna L. Thornton Newport
Herkimer County ss:
John A. WOOSTER of the town of Newport in the county of Herkimer and Anna L. THORNTON of the town of Newport in the county of Herkimer being first duly sworn in open court on their oaths do depose and say that they are subscribing witnesses to the last will and testament of Timothy SMITH late of the town of Newport in the said County of Herkimer deceased. And these deponents further say that the said deceased did in the presence of these deponents and which purports to be the last will and testament of the said deceased and which bears date on the 9th day of October A.D. 1856; that the said deceased did at the time of subscribing his name to said instrument as aforesaid declare the same to be his last will and testament, that these deponents did thereupon subscribe their names at the end of said instrument as attesting witnesses to the execution thereof at the request of the said deceased and in his presence and in the presence of each other. That the said deceased at the time of subscribing his name to said instrument as aforesaid was upwards of twenty one years of age, that he appeared to be of sound mind and memory and was not under rstrnm't to the knowledge or belief of these deponents.
Sworn examined and sub John A. Wooster
scribed this 22nd day of February Anna L. Thornton
1858 before me
R. Earl Surrogate
Herkimer County ss
Received the preceeding last will and testament of Timothy Smith deceased as a will of real and personal estate together with the proofs taken in the court of the surrogate of the county of Herkimer relating to the said last will and testament which record is hereby signed and certified by me pursuant to the provisions of the revised statutes this 22nd day of February A.D. 1858