Mary Jellett (Duff) Smith's Will

Date: 3 Dec 1885 to 11 Aug 1885
Location: New York, United States

Contents 1 The Will of Mary Jellett Smith 1.1 Will Written 1.2 Will Proved 1.3 Citation of Will Proved 2 Sources

The Will of Mary Jellett Smith

This page is for the Will of Mary Jellett (Duff) Smith (1834-1885).^[1]

Transcribed by Stephen Tomaszewicz

Will Written

Pages 75 - 78

Page 75

Be it Remembered that heretofore to wit on the fourteenth

day of July in the year one thousand eight hundred and eighty five Ormond G. Smith designated as and Executor in the last will and testament of Mary Jellette Smith late of the country of New York deceased appeared in open court before Daniel G Rollins Surrogate of the County of New York and made application to have the said last will and testament which relates to both real and personal property proved and on such application the Surrogate did ascertain by Satisfactory evidence that said deceased died on the eighth day of July in the year one thousand eight hundred and eighty five leaving her surviving Ormond G. Smith the petitioner a Son Francis S. Smith Jr. a son Cora A Smith a daughter George C. Smith a son and Francis S Smith her husband her only heirs and next of kin, all next page 76

residing in the City of New York And said Surrogate did thereupon issue a Citation duly directed to said only heirs and next of kin requiring them to appeared before said Surrogate at his office in the City of New York on the third day of August then next to attend the probate of said will and afterwards to wit on the said third day of August in the year one thousand eight hundred and eighty five Satisfactory proof by affidavit was advised and presented to said Surrogate of the service of said citation in the mode prescribed by law All being of full age. Whereupon no opposition to the probate of said will such proceedings were thereupon had afterwards that said Surrogate took the proofs of said will as hereinafter set forth and upon this Eleventh day of August in the year one thousand eight hundred and eighty five he adjudged said will to be a valid will of real and personal property and the proofs thereof to be sufficient. Which said last will and testament and proofs are as follows that is to say The Last Will and Testament of Mary Jellette Smith I Mary Jellette Smith of the City County and State of New York do hereby make publish and declare this to be my last will and Testament as follows. First I hereby direct my executors hereinafter named first of all to pay my funeral and testamentary expenses and all the just debts existing against me at the time of my deceased Second I hereby direct my said Executors within three months after this will shall be admitted to probate in case my father George Campbell Duff shall be then living to invest the sum of Five thousand dollars of my personal estate upon Bond and Mortgage or in other equally good or reliable Securities which shall pay six per cent per annum interest or as near thereto as can be obtained and to hold the same in trust during the natural life of my said father for his sole use. Paying to him the net interest and income thereon for and during his natural life and making such payments of interest or income semi annually or as the same shall come to their hands. Upon his decease I give devise and bequeath the said sum of money to my four children Francis S. Smith Jr. Cora A. Smith George C. Smith and Ormond G. Smith to be equally divided between them share and share alike but if either or any of them shall have died then to the survivors of them in equal shares or to the survivor of them. Next page 77 Third It is my purpose during my lifetime to dispose of my wardrobe and wearing apparel and my jewelry and personal ornaments in case I do not so dispose of the same or any part thereof then the same shall pass under this will. Fourth. I hereby give devise and bequeath unto my said daughter Cora A. Smith as hereinafter specified and provided the one equal fourth part of all the rest residue and remainder of my property real and personal But I hereby expressly declare provide request and direct my said Executors shall hold the same in trust for her during her natural life and shall pay over to her and for her sole and separate use and upon her sole and separate receipt the net interest income gains and profits of such equal fourth part of such residue for and during the said term of her natural life paying the same semi-annually or as the same shall come to the hands of my said executors and upon her death leaving issue her surviving then I give devise and bequeath the said equal fourth part of such residue of my said estate to such issue in equal shares and proportions the children of any deceased child of my said daughter to take the same per stripes in equal proportions and not per capita. And in case my said daughter shall at her death leave no descendants the portion of my property in this article mentioned shall be equally divided between my said three sons Francis S. Smith Jr. George C. Smith and Ormond G Smith share and share alike the portion coming to my son Francis S. Smith Jr. to be however held in trust by my said executors. For him as herinafter mentioned But if either of my said three sons shall not be living at the time of the decease of my said daughter and shall have left issue him surviving such issue shall take the same in equal shares and proportions Fifth. All the rest residue and remainder of all my property real and personal I hereby give divise and bequeath as follows namely : To my said sons George C. Smith and Ormond G. Smith each one equal third part thereof and to my executors hereinafter named the remaining equal third part thereof in trust for my said son Francis S. Smith Jr. as hereinafter specified and provided. Sixth I hereby expressly declare direct provide and request that all the share and portion of my said estate which shall under this will be given to or for my said son Francis S. Smith Jr. shall be held by my Executors hereinafter appointed during next page 78 the lifetime of my said son Francis S. Smith Jr. in trust for him and for his use and benefit and that they shall pay him from time to time as nearly semi annually as may be practicable the clear net income revenue dividends and profits of the same and upon his death without leaving issue him surviving I give devise and bequeath such share and portion to my said children George C. Smith Ormond G. Smith and Cora A. Smith or the survivors and survivor of them to be equally divided between them share and share alike. But in case the said Francis S. Smith Jr. shall marry and leave issue of such marriage him surviving then and in that case and event I give devise and bequeath such share and portion to such issue in equal shares and proportions Seventh: I hereby nominate constitute and appointed my friend James C Cloyd and my son Ormond G Smith each of the City of New York, as the Executors of this my last will and Testament And I hereby appoint my said Executors trustees in reference to the gifts. Bequests and devises by me made to my said son Francis S. Smith Jr. and my said daughter Cora A. Smith and my said father George Campbell Duff. And I hereby revoke cancel and annul all other Wills and Testamentary provisions by me at anytime made In Witness Whereof I have hereunto set my hand and seal this Third day of December A.d. one thousand eight hundred and eighty four. Mary Jellette Smith

Signed Sealed published and declared by the said Mary Jellette Smith as and for her last Will and Testament in the presence of each of us the under -Signed who thereupon at her request and in her presence and in the presence of each other have thereunto subscribed our respective names as the attesting witnesses thereto this third day of December A. D. One thousand eight hundred and eighty four.

Archibald L. Sessions 81 Hicks St Brooklyn N.Y. Sollace Michell 21 East 21st St. N.Y. Warren T. Cloyd 104 McDougal St. NY City

Will Proved

Page 79 - 80

page 79

Surrogate's Court

County of New York

In the matter of Proving the }

Last Will and Testament of }

Mary Jellette Smith }

Deceased, }

As a will of real and personal estate }

City County and State of New York SS: Archibold L Sessions of Brooklyn N.Y. being duly sworn as a witness in the above entitled matter, and examined on behalf of the applicant to prove said will Says: I was well acquainted with Mary Jellette Smith now deceased I knew the above named decendent for more than nine months before her death The subscription of the name of said decendent to the instrument now shown to me and offered for probate as her last will and testament and bearing date the Third day of December in the year one thousand eight hundred and eighty four was made by the decedent at the City of New York on the Third day of December in the year one thousand and eight hundred and Eighty four in the presence of myself and Warren T Cloyd and Sollice Mitchell the other subscribing witnesses. At the time of such subscription the said decedent declared the said instrument so subscribed by her to be her last will and testament and I thereupon signed my name as a witness at the end of said instrument at the redues of said decedent and in her presence. The said decedent at the time of so execution said instrument was upwards of the age of twenty one and of sound mind memory and understanding and not under any restraint or in any respect incompetent to devise real estate. I also saw said Warren T. Cloyd and Sollace Mitchell the other attesting witnesses sign their names as witnesses at the end of said will and know that they did so at the request of said decedent and in her presence Archibald L. Sessions

Witness Sworn and examined before me this 11th day of Aug 1885 Charles H Becket Assistant to the Surrogate’sNew York County

next page 80

City County and State of New York SS Warren T Cloyd of New York City being duly sworn as a witness in the above entitled matter and examined on behalf of the applicant ot prove said will says: I was well acquainted with Mary Jellette Smith now deceased I knew the above named decedent from the time the execution of said paper until her death. The subscribe tion of the name of said decedent to the instrument now shown to me and offered for probate as her last will and testament and bearing date the third day of December in the year one thousand eight hundred and Eighty four was made by the decedent at the City of New York on the Third day of December in the year one thousand and eight hundred and eighty four in the presence of myself and Sollice Mitchell and Archibald L. Sessions the other subscribing wit- nesses. At the time or such subscription the said dece- dent declared the said instrument so subscribed by her to be her last will and testament and I thereupon signed my name as a witness at the end of said instrument at the request of said decedent and in her presence. The said decedent at the time of so executing said instrument was upwards of the age of twenty one years and of sound mind memory and understanding and not under any restraint or in any respect incompetent to devise real estate I also saw said Sollice Mitchell and Archibald L. Session the other attesting witnesses signed their names as witnesses at the end of said will and know that they did so at the request of said dece- dent and in her presence Warren T Cloyd

Witness swarn and examined before me this 11th day of August 1885 Charles H Beckett Assistant to the Surrogate New York County.

Citation of Will Proved

Next page 81

In the Matter of Proving the }

Last Will and Testament of }

Mary Jellette Smith }

Deceased }

The Citation herein having been duly issued served and returned the allegations of the parties appearing having been heard and the proofs having been duly taken by the Surrogate and the probate of the said will not having been contested and it appearing to the Surrogate that the will was duly executed and that the testatrix at the time of executing it was in all respects competent to make a will and not under restraint. It is ordered adjudged and Decreed that the instrument offered for probate herein be and the same hereby is admitted to probate as the Last Will and Testament of the said deceased valid to pass real and personal property and that Letters Testamentary be issued thereon to the executors who may qualify thereunder

Daniel G. Rollins

Surrogate

Sources

1. ↑ Probate: "New York, U.S., Wills and Probate Records, 1659-1999". Record of Wills, 1665-1916; Index to Wills, 1662-1923 (New York County); Author: New York. Surrogate's Court (New York County); Probate Place: New York, New York. Ancestry Sharing Link - Ancestry Record 8800 #2455630 (accessed 4 June 2022). Mary Jellette Smith probate on 14 Jul 1885.