WILL: Hophni Smith; Monroe, Orange co., NY
surname: Smith, Cornelius, Cunningham, Brundage, Clark, Cook

submitted by Lil Heselton (lhess @ axionet.com)
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The Will of Hophni Smith
as copied by Lil Heselton from certified copy of Liber H page 103-106 ,
Surrogate's Court, Box 329,Goshen, Orange County, NY 10924.

The people of the State of New York by the grace of God, free and
independent.To all whom these presents shall come or may concern since
greeting know ye that at Goshen, in the County of Orange, on the tenth day of
February, in the year of our Lord one thousand eight hundred and twenty-six
before Wheeler Case Esq, Surrogate of said County, the Last will and Testament
of Hophni Smith, late of the Town of Monroe in said county deceased, (a copy
whereof is here unto annexed.) was proved and is and allowed by us and the
said deceased having whilst he lived and at the time of his death goods and
chattels or credits within this state by means whereof the proving and
registering the said will and the granting Administration of all and singular
the goods, chattels, and credits and also the auditing, allowing and final
discharging he account thereof doth belong to us; the administration of all
and singular the goods chattels and credits of the said deceased and any way
concerning his will is granted unto Archibald Smith one of the executors in
the said will named he being first duly sworn well and faithfully to
administer the same and to make and exhibit a true and perfect inventory of
all and singular the said goods chattels and credits, and also to render a
just and true account thereof when thereunto required. In Testimony whereof we
have caused the seal of office of our said Surrogate to be hereunto affixed.
Witness, Wheeler Case Esq., Surrogate of the said county at Goshen, the tenth
day of February, in the year of our Lord, one thousand, eight hundred and
twenty-six and our Independence the Fiftieth,

Wheeler Case Surrogate.

In the name of God Amen. I, Hophni Smith, late of the town of Monroe in the
County of Orange in the State of new york now being in good health of body and
of sound mind, memory, do make this my Last Will and Testament in the manner
following to wit. Firstly my will and desire is that all my just debts and
funeral charges be paid by my Executors, herein after named out of my Estates
as soon after my decease as may be convenient for them to do it.

First I give and devise to my nephew Guy Smith's male children all that my
whole ? and tenement situate, lying, and being in the town of Tully, County of
Onondaga and state of New york and known by lot number twenty-eight to have
and to hold to my said nephew's male children their heirs and assigns forever.
Also I give and devise all that ? and tenement with the appurtenances situate
lying and being in the town of Monroe, County of Orange and State of New York,
and is part of that certain lot of Land which is commonly known and
distinguished by the name of lot number 47 on Cons Eliason's Map of the
division of Cheescocks Patent unto David Cornelius and Julius Cornelius,
children of Hannah Cornelius, single woman of the town of Monroe County of
Orange State of New York aforesaid to be equally divided between the said
David Cornelius and Julius Cornelius in as soon after as the said David and
Julius. To have and to hold to the said David Cornelius and Julius Cornelius
their heirs and ? forever. Also my will and desires and I hereby order and
direct my executors as soon as convenient after my decease to rent out all
that lot and premises which I have devised to David Cornelius and Julius
Cornelius for the best price that can be obtained for the same and the monies
that shall arise from the rents of the said farm shall be paid by my said
executors to the said David Cornelius and Julius Cornelius to be equally
divided between them when the said Julius shall arrive to the respective age
of twenty one years in as soon after as the said David and Julius shall make a
demand for the same.

Also my will and desire is and I hereby order and direct my Executors to sell
and dispose of all my estate both real and personal wheresoever the same may
be found at the best price or prices that they can obtain for the same.
(Except two certain farms which I have given to the following persons: That is
to say a part of lot number twenty-eight in the Town of Tully, Onandago County
aforesaid which I have devised to the male children of Guy Smith aforesaid.
And also a farm which I have devised to David Cornelius and Julius Cornelius
aforesaid, which is known as Lot number forty-seven in Cheese Cock Patent in
the town of Monroe aforesaid.) Granting to them full power and authority to
execute good and lawful Deeds of Conveyance to the Purchaser or Purchasees of
the same as soon after my decease as they or survivors of them can
conveniently and reasonably do it.

And out of the monies and obligations that may come to hand by the sale of the
said property as well as otherwise, I order and direct my Executors to pay
over or deliver such monies or obligations or both as the case may be, to the
persons herein after named in manner following. To wit: to my nephew Guy Smith
of the Town of Tully, County of Onondago, Fifteen Hundred dollars; And to
Hannah Smith, wife of Guy Smith, aforesaid, Fifty Dollars; and to Archibald
Smith, of the Town of Monroe in Orange County and State aforesaid, One
thousand Dollars; and to Abigail Smith, wife of Archibald Smith aforesaid,
Five Hundred Dollars; and to my Nephew Guy Smith's sister, commonly known by
the name of Sarah Cunningham, Fifty Dollars; and to her sister, Rebecca
Brundage, Twenty-five Dollars; And to Elizabeth Clark, widow of Oxford in
Orange County, Twenty-five dollars; and to Tabathy Cook, widow, Twenty-five
dollars; and to Hophni Smith son of John Smith, Twenty-five dollars; and to
Hophni Smith son of Samuel Smith, Twenty-five Dollars; And all the rest,
residue and remainder of my estate (except as before excepted) I give and
devise and bequeath to Guy Smith and Archibald Smith aforesaid to be equally
divided between them and their heirs and assigns forever

And lastly, I hereby constitute and appoint Guy Smith and archibald Smith
aforesaid, my executors, Granting to them full power and authority to execute
and perform the trust reposed in them in this my will contained in Testimony
whereof I have hereunto set my hand and seal this tenth day of September,One
thousand eeight hundred and twenty-six....

Written on the side of the page: be it known that on the second day of May,
1826, Guy Smith appeared before me, Wheeler Case, Surrogate of Orange County
to be duly qualified and sworn as executor to the Last will and Testament of
Hophni Smith deceased. Wheeler Case Surrogate.