Will of David Smith - 1816




In the County of Ontario on the fifth day of  February in the year of our Lord one thousand eight hundred and sixteen before Reuben Hart, Esquire Surrogate of our said County the last will and testament of David Smith deceased a copy of whereof is hereunto annexed was proven and is now approved and allowed of 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 said goods Chattel and credits and also the aufiting allowing and final discharging the account thereof doth belong unto us; the administration of all and singular the goods chattels and credits of the said deceased and anyway concerning his will is granted unto Lydia Smith and Stephen Alverson Executors in the said will named hereby requiring them 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 our said Surrogate to be hereunto affixed Witness Reuben Hart esquire Surrogate of our said county at Canandaigua aforesaid the fifth day of Feb'y in the year of our Lord one thousand eight hundred and sixteen and of our Independance the fortieth year.
Richard Hart


In the name of God Amen.  I David Smith of Seneca in the county of Ontario being weak in body but of sound mind and memory do make and publish this my last will and testament in manner and form following that is to say, First I give and bequeath unto my beloved wife Lydia Smith the equal north half of a farm situate in the town of Seneca County of Ontario aforesaid bounded north on lands of Israel Phillips, east on land of Wiliam Rippe, south of lands of Almy T. Rin and west on lands of Robert Parks containing about ninty acres more or less commonly known by the name of the Sty farm to be divided by a line drawn East and West as near the center of said lot as may be to have and hold to her the said Lydia Smith for and during her natural life  I also give and devise to Richard Alverson and John Alverson sons of Stephen & Amie Alverson the south half of __said farm to have and hold to them the said Richard Alverson and John Alverson their heirs and assigns forever.  I further give and devise to the said Richard Alverson and John Alverson the north half of the __said farm to have and hold the same after the death of my aforesaid wife Lydia Smith their heirs and assigns forever _ and lastly as to all my personal estate goods chattels of what kind and nature soever I give and bequeath the same to my said beloved wife Lydia Smith and Stephen Alverson and I do appoint the said Stephen Alverson Executor and Lydia Smith Executrix of this my last will and testament hereby revoking all former wills by me made.  In witness whereof I have hereunto set my hand and seal the fourteenth day of August in the year of our Lord one thousand eight hundred and eleven _ Signed sealed published and declared by the above named David Smith to be his last will and testament in the presence of us who have hereunto subscribed our names as witness in the presence of the testator.
John Collins
Tom Collins   David Smith (seal)
Caleb Rice
Ontario County Ss
 Be it known that on the fifth Day of February in the year of our Lord one thousand eight hundred and sixteen appeared before me Reuben Hart Surrogate of the county of Ontario John Collins Esquire who being duly sworn did depose and say that he the deponent saw David Smith of the County of Ontario deceased sign & seal the written instrument then shewn unto him of which the aforegoing is a true copy purporting to be the last will and testament of the said David Smith deceased bearing date the fourteenth day of August in the year of our Lord one thousand eight hundred and eleven that at the time thereof the said David Smith was of a sound disposing mind and memory to the best of the knowledge and belief of him the deponent and that he the deponent and Tom Collins and Caleb Rin subscribed their names as witnesses to the said will in the presence of each other and in the presence of the testator.
Richard Hart

David 5 Smith (Jacob 4, Joseph 3, Edward 2, Christopher 1) was born in Smithfield, Rhode Island 19 April 1731.  He married Mary 5 Jenckes (John 4, William 3, Joseph 2, Joseph 1), b. 1 May 1739 in Dartmouth, Massachusetts.  David and his family were found in Adams, Massachusetts during the Revolution, at which time he and his son Nathan's father-in-law Justus Holt served North Adams. (History of North Adams, Mass., 1749-1885 : reminiscences of early settlers : extracts from old town records : its public institutions, industries and prominent citizens, together with a roster of commissioned officers in the War of the Rebellion, North Adams, Mass.: Hoosac Valley News Printing House, 1885), page 4:  "March 20, 1780.  Made choice of David Smith, (et al.) Committee of Safety." 

David Smith was employed by Mr. Phelps and Mr. Gorham to explore the Genesee Country.  After the death of his wife in 1790, he removed to Seneca, NY and invited his three daughters with their husbands (Dinah, wife of Jonathan REED, Amy, wife of  Stephen ALVERSON, and Mary, wife of Israel PHILIPS) to live by him, which they did til his death.  David Smith died 1 Feb 1816 age 85 years.  His second wife was Lydia, maiden name not known to me.

Copyright (c) 2006 by Sarah Gates Sully


Many thanks to Sarah Gates Sully for sharing this information to enrich the Ontario County website.



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