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WILL: Jonathan Smith; Bolivar, Allegany co., NY
surname: Smith, Robinson

submitted by Ginette VandenOever (g1vanden @ airmail.net)
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Transcribed from SAMPUBCO copy by Ginette VandeOever

Allegany County NY
Will Book Vol. 14 page 415

Record of the Will of Jonathan Smith

Last Will and Testament.  I Johnathan Smith of the town of Bolivar county of
Allegany and state of New York do make, and air, publish and declare this to
be my last Will and Testament, in manner and form following, that is to say: 
First, I direct the payment of any just debts, if any.

Second, I desire the payment of my funeral expense to be paid out of the
profits and avails of my oil and gas interests in the ninety-four acres of
land below willed and bequeathed to my grand-son Eddie E. Smith.  I will and
bequeath to my daughter Ruba A. Robinson, the use of the surface of all the
land owned by me on lot twenty in the town of Bolivar Allegany county N.Y.
during her natural life and at her death such land and real estate I will and
bequeath to my daughter in law Nellie Smith, intended hereby that during her
natural life the said Ruba A. Robinson shall have the benefit of the use of
the surface of such land and real estate intending hereby and to give my said
daughter Ruba A. Robinson any benefits or title to the oil and gas in, on or
under the surface of said premises but willing and bequeathing all such oil
and gas and the full and free rights to enter and occupy and produce the same
to my grand-son Eddie E. Smith and to my daughter in law Nellie Smith each an
equal one half thereof, and further granting unto them the complete right to
sell and dispose of such oil and gas interest.  I also give an equal one half
interest in the oil and gas rights in and to the ninety-four acres herein
below willed to Eddie E. Smith and to my daughter in law Nellie Smith, and to
my grand son Eddie E. Smith and to each of them an undivided one half interest
therein, with same rights to enter, occupy, sell and transfer it same as
above.  I will and bequeath to my grand son Eddie E. Smith the surface ninety-
four acres owned by me on lot thirteen in the town of Bolivar Allegany county
N.Y. excepting therefore the oil and gas as above willed.  I will and bequeath
to my daughter in law Nellie Smith my residence buildings and real-estate in
the Village and town of Bolivar Allegany county N.Y. on south side of
Wellsville shed bounded as follows:    of lot No. 55 Term 1, Range 1, of
Holland Land Co.'s survey; beginning at a point in the center of Wellsville
Street 194, or3-4 feet from the intersection of the center of Kinkaid and
Wellsville streets and which is the northeast corner of each lot occurring
thence along the center of Wellsville street 84 ft. thence south 2 degrees
west 142 ft.  Thence south 88 degrees west 84 ft. to Mrs. Smith's S.E. corner. 
Thence North 2 degrees East along Mrs. Smith's East line 142 feet; to place of
beginning.  I will and bequeath to my daughter in law Nellie Smith all my
entire household goods of every name and nature excepting cook-store clock,
large chair, hanging lamp, set of silver knives and forks, my bed springs,
mattresses and pillows, and I also give to her the second choice of the cows
on my farm; I will and bequeath to my daughter Ruba A. Robinson the first of
cows on my farm, to my grand daughter Belle Smith, I will and bequeath the
third choice in cows and the hanging lamp.  To my grand daughter Ruth Smith I
will and bequeath the next choice in cows and the set of silver knives and
forks.  To my grand son's wife Dora Smith I will and bequeath the next choice
in cows.  To my grand son Eddie E. Smith I will and bequeath my bed, springs,
mattresses and pillows.  I also desire this to be a receipt to my said grand
son Eddie E. Smith for the payment of fifty dollars I previously loaned him
for which I have neither taken his note or charged him with any manner.  To my
grand son Wallace Smith I will and bequeath the hay scales near the grist-
Mill.  To my daughter in law Nellie Smith I will and bequeath all my remaining
personal property of every name and nature and hereinabove disposed of.

Likewise, I make, constitute and appoint James M. ______ of Bolivar to be the
executor of this, by giving sufficient bond, my last Will and Testament, and I
hereby revoke all former Wills by me made.  In Witness Whereof, I have
hereunto subscribed my name and affixed my seal the 17th day of Dec. in the
year of our Lord One Thousand eight hundred and ninety-five.

Jonathan Smith

The foregoing instrument was at the date thereof subscribed by Jonathan Smith
the testator, therein named, in the presence of us and each of us, he at the
time of making such subscription acknowledged that he executed the same and
declared the said instrument so subscribed by him to be his last Will and
Testament.  Whereupon we, at his request and in his presence, and in the
presence of each other, do hereby subscribe and witness thereto.

C. M. Williams
F. A. Hulbert

Be It Remembered, That on the day of the date hereof, the Last Will and
Testament of Jonathan Smith, late of the Town of Bolivar in the County of
Allegany and State of New York, deceased, being the within and foregoing
written instrument, was duly proved before S. McArthur Norton, Surrogate of
the said County, according to law as and for the Last Will and Testament of
the real and personal estate of the said deceased, which said Last Will and
Testament, and the proofs and examinations taken thereon, are recorded in this
office.

In Testimony Whereof, The Surrogate of the said County hath hereunto set his
hand and affixed his seal of office this thirty first day of July A. D., 1896.

S. M. Norton

Date of death of Jonathan Smith June 19, 1896.