Transcribed by Roberta Smith, August 25, 2002
The Will of Ferina Smith
Be it Remembered that at the Surrogate's Court, held at the Surrogate's Office in Delhi in and for the County of Delaware, on the 27th day of April 1882, the last Will and Testament of Ferina SMITH late of the Town of Davenport in the County of Delaware, deceased, was duly proved, before Daniel T. ARBUCKLE, Esq., Surrogate of said County, and was by said Surrogate adjudged valid, and established as a Will of real and personal Estate, and the same, together with the proofs and examinations taken on the probate thereof, are pursuant to an order of the Surrogate here recorded, to wit:
I Ferina SMITH of the town of Davenport in the County of Delaware and State of New York being of sound mind and memory do make order 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 devise and bequeath all my household goods and wearing apparel to my four daughters, Mary, Eliza, Matilda and Irene to be divided equally each to share and share alike.
Second: - It is my express wish will and desire and I hereby authorize and empower my executor hereinafter named to sell all my Real estate of which I may die seized at public or private sale and divide the proceeds or purchase money thereof among my eight children named herein in the following manner. The names are as follows. Joseph C. SMITH, Barney SMITH, Warren SMITH, Herbert SMITH, Mary E. MICKEL, Eliza A. FISH, Matilda DART and Irene BREWER. The boys to receive as much more apiece than the girls as shall be equal to the value of each girls share of the aforesaid household goods, provided however that a certain mortgage now on said premises given to one MORRIS of Five hundred dollars shall be paid and satisfied by Henry MICKEL, the husband of my daughter Mary E, which he assured and agreed to pay or shall be satisfied out of his part of the premises deeded to him by Philander SMITH my son. But in case any portion of said mortgage or the interest on the same shall be made a lien on my lands and my executor obliged to pay it or any portion of it, Then and in that case the proceeds of my Real estate shall be divided between Joseph, Barney, Herbert, Warren, Eliza A., Matilda and Irene in the manner before named, the said portion to be determined by my executor and paid by him out of my said real property and with the shares so divided each shall be satisfied. And it is my further wish and desire that in case my son Warren SMITH shall not pay the sixty two dollars $62 in money which he borrowed of his brother, Barney SMITH, my son that then and in that case my said executor shall retain that amount out of the share devised and bequeath it to Warren and shall pay the same to my son Barney SMITH which will make Warren's share of said Real property sixty two $62 less than the other boys.
Third: - I give devise and bequeath with my beloved children Mary E., Eliza I., Matilda, Irene, Joseph C, Barney, Herbert, Philander and Warren, the sum of two hundred dollars to be divided equally between them, each to share and share alike, provided however if the mortgage before mentioned shall be paid out of my estate or any portion of it then said Mary C. shall not have any portion of the two hundred dollars and if there shall not be enough of the Real property to pay the sixty two dollars $62 mentioned in the second clause then enough to make the sixty two dollars $62 shall be retained by my executor from Warren's portion of said two hundred dollars to make that amount. And I hereby expressly charge the portion herein bequeathed to my son Warren with the payment of the sixty two $62 dollars he borrowed of my son Barney SMITH, and desire that my said executor shall see that the same is paid to Barney before any part is paid to Warren.
Fourth: - I give devise and bequeath all the rest of my money or cash which may be in the Bank or in the hands of my executor one third of the same to my son Barney SMITH and two thirds of the same to my son Joseph C. SMITH.
Fifth: - I give and bequeath all the rest residue and remainder of my personal property with Joseph C. SMITH, Barney SMITH, Warren SMITH, Herbert SMITH, Mary E. MICKEL, Eliza. A. FISH, Matilda DART and Irene BREWER each to share and share alike.
Likewise I make constitute and appoint Ira D. FISH to be executor of this my last Will and Testament, hereby revoking all former Wills by me made.
In Witness Whereof I have herewith subscribed my name and affixed my seal the 13th day of May in the year of our Lord one thousand eight hundred and seventy six.
The above instrument consisting of one sheet was at the date thereof subscribed by Ferina SMITH in the presence of us and each of us she at the time of making such subscription acknowledged that she made the same and declared the same instrument so subscribed by her to be her last Will and Testament. Whereupon we then and there at her request and in her presence and the presence of each other subscribed our names as witnesses thereto.
Robert J. ORR residing at West Davenport, Del. Co. N.Y.
A. Raymond GIBBS residing at West Davenport, Del. Co. N. Y.
Will of Ferine SMITH, Widow of Philander SMITH, on file in Court House in Delhi...
Petition of Ira D. FISH, executor of said Will... declares next of kin... dated 25 March 1885
Joseph C. SMITH, son res. Virginia City, NV
Philander SMITH, son res. Marengo, IA
Herbert SMITH, son res. Spartensburg, PA
Matilda DART, daughter res. Hartford, CT
Irene BROWN, daughter res. Hartford, CT [a.k.a. BREWER]
Barney SMITH, son res. Davenport, NY
Warren SMITH, son res. Davenport, NY
Mary MICKEL, daughter res. Davenport, NY
Eliza FISH, daughter res. Davenport, NY