~~ Hempstead, Long Island, Province of New York ~~

--- Third Generation in America ---

 

Family of the Child of Phebe2 Washburn and John Ashman

 

 

            John Ashman and Phebe Washburn had only one daughter, Phebe Ashman, who married Waite Smith. This is currently a work in progress, and I will add to this as new information is uncovered, but this family will not be carried on past this file.

 

 

 

 

 

JohnA Washborne (3rd)

 

 

William1 Washburn

 

 

 

 

MarthaA Timbrell

 

Phebe2 Washburn

 

 

 

 

 

Francis1 Nicholls

 

 

Jane2 Nicholls

 

 

 

 

Frances1 Wimarke

Phebe Ashman

 

 

 

 

John Ashman

 

 

 

(109.) Phebe Ashman, only daughter of (53) Phebe2 Washburn, (30) William1; born ca. 1662, married Waite Smith, of Jamaica, Queens Co.,  NY, son of William and Magdalen Smith, as his second wife, in ca. 1683.[1] He was born ca. 1645,[2] and his first wife may have been Elizabeth (___).[3] He died in ca. 1717, and Phebe (Ashman) Smith died in ca. 1732,[4] but no probate records were found for either of them in New York.

        Waite Smith possibly had 6 children by Elizabeth, his first wife, and 2 more children by Phebe Ashman:[5]

        345       i   Nathan Smith, born ca. 1671 in Jamaica, Queens Co., NY.

        346      ii   Daniel Smith, born ca. 1673 in Jamaica, NY.

        347     iii   Ebenezer Smith, born ca. 1675 in Jamaica, NY, supposedly married Clement3 Denton, son of Samuel2 and Mary2 (Smith) Denton. He died in ca. 1717 in Jamaica, NY, but no probate records were found for his estate in New York, and she died in ca. 1740 in Jamaica, NY.[6] They had children,[7] order uncertain:

a. Robert Smith

b. John Smith

c. Mary Smith

d. Abraham Smith

e. Ebenezer Smith (Jr.)

f. Samuel Smith

        348     iv   Nehemiah Smith, born ca. 1677 in Jamaica, NY, possibly married 1.) (____), and 2.) Ann (___), and lived in Jamaica, Queens Co., NY. He died testate in 1750 in Jamaica, NY, his will dated 14 May 1750, and probated on 30 July 1750, mentioned his wife Ann, who was evidently his second wife, son Wait, son Thomas, daughter Phebe, daughter Rachel, the wife of Thomas Read, daughter Priscilla, the wife of William Ludlam Junr., daughter Mary, lately married to Elias Bayles, and sons Nehemiah, Noah, Nicholas, and Jonathan, and he named his sons Nehemiah, Noah, Nicholas and Jonathan as executors of his estate.[8] (See Appendix [A] for a full transcription of his will.) He had children,[9] order uncertain:

a. Nehemiah Smith (Jr.), named as a co-executor in his uncle Caleb Smith’s 1731 will, and his father’s 1750 will, and mentioned in the 1765 will of his brother Wait Smith. No probate records were found for his estate in New York.

b. Noah Smith, mentioned also in the 1765 will of his brother Wait Smith, and lived in Jamaica, NY. He died testate in ca. 1785 in Jamaica, NY, his will dated 3 Aug. 1777, and proved on 31 Jan. 1785, mentioned his wife Mary, sons Othniel and Nehemiah, daughters Mary, Phebe, Theodosia, and Tabitha, deceased daughter Unice, late wife of Benjamin Everit, daughter Priscilla, wife of Nehemiah Carpenter, and deceased sons Nicholas Smith and Noah Smith, and he named his wife Mary, brother-in-law William Ludlam, and son Othniel Smith as Executors of his estate.[10] (See Appendix [B] for a full transcription of his will.)

c. Nicholas Smith, mentioned also in the 1765 will of his brother Wait Smith, and also lived in Jamaica, NY. He died testate in 1777 in Jamaica, NY, his will dated 27 Mar. 1777, and probated on 14 Apr. 1777, mentioned his wife Phebe, his five daughters: Patience, Priscillah, Elizabeth, Mary, and Phebe, and his two sons Benjamin and Noah, and he named his wife Phebe and his friends Noah Smith and Benjamin Everitt as Executors of his estate.[11] (See Appendix [C] for a full transcription of his will.)

d. Jonathan Smith, mentioned also in the 1765 will of his brother Wait Smith.

e. Wait Smith, married Jane (___), but apparently had no children. He died testate in ca. 1781 in Jamaica, NY, his will dated 29 May 1765, and probated on 11 May 1781, mentioned his wife Jane, his brothers Nehemiah Smith, Noah Smith, Nicholas and Jonathan Smith, sisters Phebe Everitt, Rachel, the wife of Thomas Reade, Prissilla, the wife of William Ludlum Junr., and Mary, the wife of Elias Bayles, and “cousins” John Bayles and Nehemiah Bayles, sons of Elias and Mary Bayles, and he named his wife Jane and friend Daniel Bayles as Executors of his estate.[12] (See Appendix [D] for a full transcription of his will.)

f. Thomas Smith, possibly the youngest son, not mentioned in the 1765 will of his brother Wait Smith.

g. Phebe Smith, married (___) Everitt before the 1765 will of her bother Wait Smith. Sister Phebe Everitt was mentioned in the 1765 will of her brother Wait Smith.

h. Rachel Smith, married Thomas Read before the 1750 will of her father. Sister Rachel, wife of Thomas Reade, was mentioned in the 1765 will of her brother Wait Smith. No probate records were found for Thomas Reade in New York.

i. Priscilla Smith, married William Ludlam Jr. before the 1750 will of her father. Sister Prissilla, wife of William Ludlum Junr., was mentioned in the 1765 will of her brother Wait Smith, and William Ludlam was named as a co-executor of the estate of Noah Smith. No probate records were found for William Ludlam in New York.

j. Mary Smith, married Elias Bayles shortly before the 1750 will of her father. He was mentioned as being a Deacon of the Presbyterian Church in Goshen. Sister Mary, wife of Elias Bayles, and their two sons John Bayles and Nehemiah Bayles were mentioned in the 1765 will of her brother Wait Smith.

        349      v   Martha Smith, born ca. 1679 in Jamaica, NY.

        350     vi   Caleb Smith, born ca. 1681 in Jamaica, NY, possibly married Phebe (___), and moved to Goshen, Orange Co., NY, where he died testate in ca. 1732, his will dated 27 Dec. 1731, and probated on 22 Apr. 1732, mentioned his wife Phebe, sons Henry, Elias, and Jeremiah, who were presumably all over the age of 21, sons Timothy, Isaac, and John, who were all under the age of 21, daughters Phebe and Sarah, and an unborn child who his wife was supposed to be pregnant with, and he named Wait Smith Senr. and Isaac Ludlow, both of Goshen, NY, and Nehemiah Smith Junr., of Jamaica, NY, as executors of his estate.[13] (See Appendix [E] for a full transcription of his will.) They had children,[14] order uncertain:

a. Henry Smith

b. Elias Smith

c. Jeremiah Smith

d. Timothy Smith, under 21 years of age in 1731.

e. Isaac Smith, under 21 years of age in 1731.

f. John Smith, under 21 years of age in 1731.

g. Phebe Smith

h. Sarah Smith

i. (Another child not yet born in Dec. 1731.)

        351    vii   Wait Smith (Jr.), born ca. 1683 in Jamaica, NY, possibly married Charity4 Tredwell, daughter of Thomas3 and Hannah3 (Denton) Tredwell,[15] in ca. 1707,[16] and moved to Goshen, Orange Co., NY. He was probably the Wait Smith Senr. who was named as a co-executor of the 1731 will of his brother Caleb Smith, of Goshen. He died testate in 1753 in Goshen, NY, his will dated 24 Sept. 1750, and probated on 12 Oct. 1753, mentioned his wife Charity Smith, eldest son Wait Smith, son Samuel Smith, daughters Elizabeth Smith and Charity Thomson, and younger sons Oliver, James, William, Joshua, and Solomon Smith, and he named his sons Wait Smith and Samuel Smith as executors of his estate.[17] (See Appendix [F] for a full transcription of his will.) They had children,[18] order uncertain:

a. Wait Smith (3rd), called eldest son in his father’s 1750 will.

b. Samuel Smith

c. Elizabeth Smith, apparently still unmarried in 1750 when her father wrote his will.

d. Charity Smith, married (___) Thomson before her father’s 1750 will.

e. Oliver Smith

f. James Smith

g. William Smith

h. Joshua Smith

i. Solomon Smith

        352   viii   Phebe Smith, born ca. 1685 in Jamaica, NY.

 

 

{Back to Site Index}{Continued in Children of John Washburn and Rebecca Lapham}

 

 

© 2014 John A. Maltby, Redwood City, California



    [1] Torrey, Clarence Almon, New England Marriages Prior to 1700, Genealogical Publishing Co., Baltimore, 1987, [hereinafter Torrey, New England Marriages], p. 690.

    [2] Torrey, New England Marriages, p. 690.

    [3] I.G.I. Marriage Records, taken from an FHL [Family History Library] patron family group sheet, from microfilm #1396258, which shows the name of his first wife as Elizabeth. I have not confirmed this from reliable published or original sources.

    [4] Torrey, New England Marriages, p. 690.

    [5] All from I.G.I. Birth Records, taken from LDS temple records, FHL microfilm #s 451002-451003, which give the mother’s name as Phebe Ashman for all the children.

    [6] FamilySearch Pedigree Resource File, submitted by Nancy White, of Greenwood, NE.

    [7] The children of Clement Smith were named in the 1718 will of her brother Samuel Denton of Jamaica, NY, from New York County Probate, Vol. 9, p. 49-52, which was copied from original Liber 9, p. 42-44, as Robert, John, Mary, Abraham, Ebenezer, and Samuel.

    [8] New York County Probate, Vol. 17, p. 183-186, copied from original Liber 17, p. 186-188.

    [9] All from his will, his sons Nehemiah, Noah, Nicholas and Jonathan possibly from his first wife from the wording of his will.

    [10] New York County Probate, Vol. 37, p. 389-391, copied from original Liber 37, p. 384-386.

    [11] New York County Probate, Vol. 32, p. 274-276, copied from original Liber 32, p. 198-199.

    [12] New York County Probate, Vol. 34, p. 583-585, copied from original Liber 34, p. 461-462.

    [13] New York County Probate, Vol. 11, p. 257-260, copied from original Liber 11, p. 269-272.

    [14] All from his will.

    [15] Robbins, William A., “Descendants of Edward Tre(a)dwell Through his son John,” Genealogies of Long Island Families From The New York Genealogical and Biographical Record, Vol. II, Genealogical Publishing Co., Baltimore, 1987, pp. 394, 398. The will of Hannah Tredwell, dated 20 Dec. 1744, mentioned “Phebe Treadwell, the child of her daugher Charity, and her granddaughter Mary Smith, the other daughter of her said daughter, Charity.”

    [16] Per the I.G.I. Marriage Records, taken from an FHL patron family group sheet, from microfilm #1396258. I am not certain this was the correct Wait Smith who had a wife named Charity, and perhaps it was a later Wait Smith.

    [17] New York County Probate, Vol. 18, p. 396-398, copied from original Liber 18, p. 366-369.

    [18] All from his will.



[A] APPENDIX A: The Will of Nehemiah Smith of Jamaica, Queens County, Province of New York (1750) *

In the Name of God Amen I, Nehemiah Smith of Jamaica in Queens County, within the province of New-York, Yeoman being sick and weak in body but thanks be to God of sound mind memory and understanding and now calling to mind that I have but a short time to continue in this transitory life and have reason daily to expect my disolution do make this my last will and testament in manner following

First  I bequeath my soul to God who gave it and my body to the Earth from whence it came to be decently interred by my Executors hereafter named being in hopes of a joyfull resurrection and re-union of my body and soul at the last day by the mighty power of God and as to what worldly estate God hath blessed me with all I give and dispose of the same as follows  First I order all my just debts and funeral Expences to be paid and satisfied  I give devise and bequeath unto my dearly beloved wife Ann my Negro wench named Jenn and her young female Child called Hagar I also give unto my said wife the sum of thirty five pounds to be paid to her or her assigns within one year after my decease, and the sum of thirty five pounds more to be paid unto her or her assigns within two years after my decease making in the whole to sum of Seventy pounds, also I give unto my said wife two Cowes and half a dozen sheep with pasture and hay for all the same winter and summer for one year after my decease I further give to my said wife Ten Bushels of Wheat ten Bushells of Rye and ten Bushells of Indian Corn and sufficient meat and firewood for herself and her family for one whole year after my decease I also allow unto my said wife such priviledges in my now dwelling house as she shall have occasion for both for herself and her family for one whole year after my decease – Item – I also give and bequeath unto my said wife three feather Beds and the bedding and other furniture thereto belonging and all and singular other such household Goods which she brought with her unto me when I married her all which abovementioned Legacys shall be at her own absolute disposal and in lieu of her Dower  Item – I give and bequeath unto my son Wait the whole and sole use benefit and profitts of all and singular my lands tenements and dwelling houses (excepting the priviledges above given to my said wife) for and during the term of one whole year after my decease as also all and singular my winter and Summer Corn now growing on the premises as also the use of my waggon plough harrow and Geers as also the use of two horses for one year as aforesaid I also give unto my said son Wait Two Cows and Two Hoggs in consideration whereof my will is and I do order that he shall supply my said wife with pasture and hay for her two Cows and half a dozen sheep as aforesaid and also allow unto her the Wheat Rye and Indian Corn hereinbefore given unto her and also that he do find and provide unto my said wife sufficient meat and firewood as abovesaid  Item – my will is and I do order that all and singular my my dwelling houses messuages Meadows and Lands with the hereditaments and appurtenances thereto belonging shall by my Executors be sold and conveyed within two years after my decease either by way of publick vendue as or otherwise as to them shall seem best and I do hereby as far as in me lyeth authorize and impower them to make sale thereof accordingly, and to seal and execute good sufficient deed or deeds or other sufficient writings of Conveyance in the law to the buyer or buyers and their heirs and assigns for the same – Item – My will is and I do Order that all the rest of my moveable estate not hereinabove disposed off in any wise shall also be sold by my Executors in some convenient time after my decease at the discretion of my Executors and the Moneys ariseing by or from the sale of my real and personal estate aforesaid I give and bequeath and dispose thereof as follows (my debts being first to be paid thereout) Vizt. To my son Thomas I give the sum of fifty pounds to be paid to him at two equal payments the first to be one year after my decease and the other one year after that I give to my daughter Phebe the sum of Ten pounds to my daughter Rachel the now wife of Thomas Read I give the sum of Ten pounds I also give to my daughter Priscilla the now wife of William Ludlam Junr. Ten pounds and to my daughter Mary lately married to Elias Bayles I give the sum of thirteen pounds all which said four last mentioned Legacys I order to be paid to my said daughters respectively within three years after my decease  Item – I give and bequeath unto Daniel Smith Samuel Smith and Elias Bayles elders and deacons of the presbyterian Congregation in and of Jamaica aforesaid and to their successors for the time being the sum of Ten pounds to be by them or their successors put out to Interest forever for the maintaining of a standing Ministry in the said Congregation to the end of time to be paid within four years after my decease – Item – whereas I have heretofore given unto my other sons to wit Noah Nicholas Jonathan and Wait each of them the like sum of seventy pounds and the over plush of my Estate if any be after the payment of my debts and all and singular the Legacys abovesaid in manner aforesaid I give and bequeath the same unto my said Sons Nehemiah Noah Nicholas Jonahan and Wait to be equally divided amongst them share and share alike And lastly I do nominate authorize and appoint my well beloved sons Nehemiah Noah Nicholas and Jonathan above named Joyntly and severally to be Executors of this my last will and testament and I do hereby revoke and make null and void all other Wills and Testaments Legacys and bequests by me at any time before in any wise made and I acknowledge and allow this and no other to be my last Will and testament

In witness whereof I have hereunto but set my hand and seal this fourteenth day of May, in the year of our Lord Christ One thousand seven hundred and fifty.

                                                                                                                                                Nehemiah Smith                               (seal)

Signed Sealed Published and declared by the above named Nehemiah Smith, the Testator as and for his last Will and Testament (these words to wit wheat in the fourteenth line after my decease in the twenty second he in the twenty fourth and Ten pounds in the fortieth lines on the other side being first interlined) in the presence of us who have hereunto subscribed our names as witnesses thereto in the presence of the said Testator and in the presence of each other

Isaac Bloom

Nehemiah Denton

Benjn. Hinchman

 

Probated on 30 July 1750, and proved by Isaac Bloom, Nehemiah Denton, and Benjamin Hinchman, the witnesses. Letters of Administration granted to Nehemiah Smith, Noah Smith, Nicholas Smith, and Jonathan Smith, the Executors, on 6 Aug. 1750.

 

* Transcribed by John A. Maltby from New York County Probate, Vol. 17, p. 183-186, copied from original Liber 17, p. 186-188.

 

 

[B] APPENDIX B: The Will of Noah Smith of Jamaica, Queens County, Province of New York (1777) *

In the Name of God Amen=I Noah Smith of Jamaica in Queens County in the Province of New York Wheelright being sick and weak in body but of sound mind memory and understanding do make and publish this my last will and testament in manner and form following to wit First of all I will and order that my Executors shall as soon as conveniently may be after my decease sell and dispose of such and so great a part of my real and personal estate as they shall find necessary for paying all my just debts and funeral charges and I do hereby authorize and impower them to make sale thereof accordingly and to give and Execute unto the purchasor or purchasors thereof his her or or their heirs and assigns forever good and sufficient deed or deeds in the law for the same all the rest residue and remainder of my estate both real and personal I give and bequeath unto Mary my dearly beloved wife for her to enjoy and receive the income and profits thereof for and during so long a time as she shall remain my widow and no longer  ITEM I give and bequeath unto Joseph Skidmore Nicholas Smith and Daniel Bayles the present Elders and Deacons of the Presbyterian Church and congregation in Jamaica in Queens County aforesaid the sum of Ten pounds current money of New York to be paid to them within one year after my decease and to be by them and their successors Elders and deacons put out to interest for the use of the said Church and congregation forever notwithstanding the above bequest to my said wife  ITEM after the death or remarriage of my said wife I will and order that my whole estate (not before ordered to be sold) both real and personal shall be sold by my Executors hereinafter named and the money arising therefrom disposed of in the following manner to wit, to my son Othniel I give the sum of twenty pounds to my son Nehemiah I give the sum of Twenty pounds To my daughter Mary I give the sum of Twenty pounds to my daughter Phebe I give the sum of Twenty pounds to my daughter Theodosia I give the sum of Twenty pounds to my daughter Tabitha I give the sum of twenty pounds and to my grand children the children of my daughter Unice late the wife of Benjamin Everit I give the sum of five pounds as to the remainder of my said estate I will and order that the same shall be divided into ten equal parts one tenth part of which I give and bequeath unto my said son Othniel Smith one other tenth part to my son Nehemiah Smith one other tenth part to my daughter Priscilla the wife of Nehemiah Carpenter one other tenth part to my daughter Mary Smith one other tenth part to my daughter Phebe Smith one other tenth part to my daughter Theodosia Smith one other tenth part to my daughter Tabitha Smith one other tenth part to my grandchildren the children of my son Nicholas Smith deceased namely Patience, Prissilla, Elizabeth, Benjamin, Noah, Mary, Phebe equally to be divided amongst them one other tenth part to my grandchildren the children of my son Noah Smith deceased namely Jeffery Phebe and George equally to be divided amongst them and the remaining tenth I give to my said grandchildren the children of my said daughter Unice deceased namely Unice and Mary equally to be divided between them and it is my desire that my son Nehemiah Smith shall be put out to learn a trade as soon as a proper place can be got for him AND LASTLY I hereby nominate and appoint Mary my said wife my brother in law William Ludlam and my son Othniel Smith Executors of this my last will and testament hereby revoking all former will and wills be me heretofore made  IN WITNESS whereof I have hereunto set my hand and seal this third day of August in the year of our Lord one thousand seven hundred and seventy seven.—

                                                                                                                                                Noah Smith                        (seal)

Signed Sealed published and declared by the above named Noah Smith as and for his last will and testament in the presence of us who have hereunto subscribed our Names as witnesses thereto in the presence of the said Testator and in the presence of each other the words (Phebe) in two place, to wit, in the twenty ninth line of the first side and the sixth line of the second side are wrote on razures and the word profits in the fourteenth line the letters der in the twenty third line of the first side being interlined before the Execution thereof

William Lewis

Nathaniel Hills

Abraham Colyer

 

Probated on 31 Jan. 1785, and proved by William Lewis of Jamaica, Carpenter, one of the witnesses. Letters of Administration were granted to Mary Smith and Othniel Smith, two of the Executors, on 10 Feb. 1785.

 

* Transcribed by John A. Maltby from New York County Probate, Vol. 37, p. 389-391, copied from original Liber 37, p. 384-386.

 

 

[C] APPENDIX C: The Will of Nicholas Smith of Jamaica, Queens County, Province of New York (1777) *

In the Name of God Amen I Nicholas Smith of Jamaica in Queens County in the Province of New York Yeoman being weak and low in Body but of sound Mind and Memory (blessed be God therefore do this twenty seventh day of March in the Year of our Lord Christ One thousand seven hundred and seventy seven Make and publish this my last Will and Testament in Manner and form following that is to say Imprimis I comend my Soul into the Hands of Almighty God who gave it me and my Body to the Earth from whence it came in hopes of a joyfull resurrection through the Merits of my Saviour Jesus Christ And as for that Worldly Estate wherewith it hath pleased God to bless me I dispose there of as follows  First I give and devise unto Phebe my well beloved Wife two of the best Cows to be at her own dispose  I will that all my indoors Moveables and furnuture to be equally divided between my said Wife Phebe and my five Daughters, Patience Priscillah Elizabeth Mary and Phebe to be paid to them my said Wife and my said Daughters as they shall arrive at lawfull Age. I also will and order that all my Lands Negro and outdoors Moveables be sould at the discretion of my Executors and all my Just Debts paid and that the remainder of the Money be put to Interest for the benefit of my two sons Benjamin and Noah My said Wife to have the use of the whole untill all the Children come of age. And after that the use of one third of the Money for so long as she shall continue to be my Widow but in Case of Death or remarriage of My said Wife the use of the whole to be in the hands of My Executors to be disposed of by them for the bringing up of the Children and when the Youngest shall come of Age two thirds of the said Money to be equally divided among all the Children And the other third at At the Death or remarriage of my said Wife to be equally divided among my Children  I further Will and order that my two said Sons Benjamin and Noah be put to Trades as Soon as May be And Lastly I hereby Nominate and Appoint Phebe My said well beloved Wife Executrix and my trusty and well beloved friends Noah Smith and Benjamin Everitt Executors of this My last Will and Testament, In Witness whereof the said Nicholas Smith have hereunto set my hand and Seal the day and year first above written.

Signed Sealed and delivered by the Testator as and for his last Will and Testament in the Presence of us who were present at the Signing and Sealing thereof the words (and form) in the 7 line and the word (between) in the 16 line and the words (divided among) in the 34 line being interlined ~

Hendrick Hendrickson                                                                                                       Nicholas Smith                 (seal)

Bernardus Hendrickson

John Hinchman

 

Probated on 14 Apr. 1777, and proved by Barnardus Hendrickson Yeoman and John Hinchman House Carpenter, both of Queens County, two of the witnesses.

 

* Transcribed by John A. Maltby from New York County Probate, Vol. 32, p. 274-276, copied from original Liber 32, p. 198-199.

 

 

[D] APPENDIX D: The Will of Wait Smith of Jamaica, Queens County, Province of New York (1765) *

In the Name of God, Amen. I Wait Smith of Jamaica in Queens County in the Province of New York yeoman being sick and Weak in Body, but of sound mind memory and understanding, do make and publish this my last Will and Testament in manner and form following to wit. First of all I order that all my Just Debts and Funeral Charges be paid by my Executors. Item I order that all my Estate both Real and Personal be sold by my Executors by Vendue or Otherwise as they shall see fit within two years after my Decease, and the moneys ariseing thereby to be disposed of in the following manner. Item I give and bequeath unto my wellbeloved Brothers namely Nehemiah Smith, Noah Smith, Nicholas and Jonathan Smith the Sum of Ten pounds Each. Item I give and bequeath unto my well beloved Sisters namely Phebe Everitt, Rachel the Wife of Thomas Reade, Prissilla the wife of William Ludlum Junr. and Mary the Wife of Elias Bayles, Each the Sum of Ten Pounds Current money of New York. Item I give unto my Cousins Namely John Bayles and Nehemiah Bayles Sons of the above named Elias Bayles and Mary his Wife Each the Sum of Five pounds Current Money of New York. Item I give and Bequeath unto the Elders and Deacons of the Presbyterian Church and Congregation in Jamaica for the Support of the Gospel in said Town the Sum of Ten pounds Current money of New York. Item I give and Bequeath unto my well-beloved Wife Jane all the rest and residue of my Estate, All which above Legacies are to be paid by my Executors within Two years after the Sale of my said Estate. And Lastly I do hereby nominate and appoint My Well-beloved Wife Jane and My Well beloved Friend Daniel Bayles Executors of this my last Will and Testament, hereby Revoking all former Wills by me heretofore made.— In Witness whereof I have hereunto set my hand and Seal this Twenty ninth Day of May in the year of our Lord Christ One thousand Seven hundred and Sixty five.—

                                                                                                                                                Wait Smith                          (seal)

Signed Sealed published and Declared by the above named Wait Smith as and for his last Will and Testament in the presence of us who have hereunto Subscribed our names as Witnesses thereto in the presence of the said Testator, and in the presence of Each other.

Thomas Bayles

Patience Baylis  X her Mark

Robt Hinchman

 

Probated on 11 May 1781, and proved by Robert Hinchman, of Queens County, Scrivener, one of the witnesses. Letters of Administration granted to Jane Smith, the Executrix, on 22 Mar. 1782.

 

* Transcribed by John A. Maltby from New York County Probate, Vol. 34, p. 583-585, copied from original Liber 34, p. 461-462.

 

 

[E] APPENDIX E: The Will of Caleb Smith of Goshen, Orange County, Province of New York (1731) *

                                                                                                In the Name of God Amen the twenty Seventh day of December in the Year of our Lord 1731.  I Caleb Smith of Goshen in the County of Orange in the province of New York Yeoman being very Sick and weak in Body But of perfect mind and memory thanks be given unto God therefore calling unto mind the mortality of my Body And knowing that it is appointed for all men once to dye Do make and ordain this My last will and Testament that is to Say

                                                                                                Principally & first of all I Give and recommend my Soul into the hands of God that Gave it, And for my Body I recommend it to the Earth to be buried in A Christianlike and Decent manner at the Discretion of my Executors nothing doubting but at the General Resurrection I shall receive the Same by the mighty power of God and as touching Such worldly Estate Wherewith it hath pleased God to bless me in his Life I Give Devise & dispose of the Same in the following Manner and form

                                                                                                Imprimis it is my Will and I do Order that in the first place all my Just Debts & Funeral charges be paid and Satisfyed by Wait Smith Senr. and Isaac Ludlow both of the aforesaid Goshen and Nehemiah Smith Junr. of Jamaica in Queens County in the province aforesaid which three I Likewise constitute make and ordain my only and Sole Executors of this my Last Will and Testament to whom I Give and Bequeath all that certain tract of Land Scituate Lying and being in the south East Division of the Township of Goshen known by No 26 containing one hundred & Eighty two acres which said Lott of Land I Give to the Said Executors to be Sold by them to Defray the Charges aforesaid the overplus to be Added to the Moveables

                                                                                                Item I Give and Bequeath unto Phebe my Dearly beloved wife the one Equal third part of all my moveables with the use of my Dwelling House & Land that is Improved So Long as she Shall remain My widdow the moveables for Ever

                                                                                                Item I Give and bequeath to my wellbeloved Sons Henry Elias and Jeremiah Each of them An Equal third part of my Homestead So that Henry pays my well beloved Son Timothy Five pounds Current money of New York And that when the Said Timothy comes to the Age of twenty one And Elias to pay the like sum to Isaac when he shall be of the age of twenty one And Jeremiah the aforesaid sum To pay to John when he shall come of age as aforesaid And Suppose My wife to bring forth a boy which I Suspect to be big of Child the Said Supposed boy when he comes of age shall receive five pounds like Currant Money as aforesaid from his three other brothers Henry Elias and Jeremiah Each paying A like proportion

                                                                                                If any of the Said boys dye which have no Issue the Said Legacy to be paid Equal Among the rest of his Brothers

                                                                                                Item I Give and Bequeath to my well beloved Daughters Phebe and Sarah Each an equal proportion of the remaining two thirds of my moveables but supposing my wife to have a girl She shall draw an equal proportion with her two Sisters if any of the Girls dye without Issue the Said Legacy to go to the other Girls

                                                                                                And I do hereby utterly dissallow revoke and dissannull all & every other former wills Testaments Legacys & Executors by me in any ways before this time named willed and bequeathed ratifying and confirming this & no other to be my Last will & Testament

                                                                                                In Witness whereof I have hereunto Set my hand and Seal the day and year above written

                                                                                                                                                Caleb Smith                       (seal)

 

Signed Sealed published and pronounced and declared by the Said Caleb Smith as his Last will and Testament in the presence of us the Subscribers

John Thomson

James Tomson

Joshua Smith

Probated on 22 April 1732, Letters of Administration granted to Isaac Ludlow, one of the Executors, Nehemiah Smith Junr., one other of the Executors having renounced the Executorship, and the power being reserved unto Wait Smith Senr., the other Executor.

 

*Transcribed by John A. Maltby from New York County Probate, Vol. 11, p. 257-260, copied from original Liber 11, p. 269-272.

 

 

[F] APPENDIX F: The Will of Wait Smith of Goshen, Orange County, Province of New York (1750) *

In the Name of God Amen I Wait Smith of Goshen in the County of Orange in the Province of New York (yeoman) being in perfect health of Body and of sound mind and memory and understanding (praised be to God for the same) considering the uncertainty of Life and the Certainty of death doe make this my Last Will and Testament in manner and form following first of all I bequeath my Soul to God who gave it Recommending on his mercy through Christ my Redeemer for Salvation and my Body I Recommend to the Earth to be decently interred at the discretion of my Executors herein after named and as to all such Worldly Estate wherewith it hath pleased God to bless me with I give devise and bequeath the same in manner and form following first I will that all my Just debts and Funeral Charges be fully paid and satisfied  Item I give and bequeath and devise unto my beloved Wife Charity Smith the third part of all my moveable Estate after my Just debts be paid to be and Remain to her and to her own disposal also the Remainder of my moveable Estate to her use and benefit and the priviledge of the best Room in my dwelling House and the equal third part of the benefit and use of my homestead so long as she shall continue my Widdow  Item I give unto my Eldest Son Wait Smith my equal half share of my Town Right with all my Wearing apparell and my Great Bible which shall be and Remain to him and to his heirs and Assigns for ever  Item I give and bequeath unto my Son Samuel Smith my home Lott in Goshen aforesaid known by number thirteen Containing by Estimation eighty acres also my other equal half of the abovesaid Town Right and his Chois of any one of my Working horses and the Farming Utensils and one third part of my moveable Estate together with the Housing Improvement Hereditaments & appurtenances thereunto belonging to the aforesaid Lands Lying and being within the County of Orange in the Province of New York which shall be and Remain to him and to his heirs and Assigns to the only use benefit and behoof of him & his heirs and Assigns for ever  Item I give and bequeath unto my two daughters Elizabeth Smith and Charity Thomson the other equal third part of my moveable Estate to be divided shear and shear alike between them which shall abide and Remain to them and their Respective Assigns for ever  Item I give and bequeath unto my Son Oliver Smith the Sum of ten Shillings which shall Remain to him and to his heirs & Assigns for ever  Item I give and bequeath unto my Son James Smith the Sum of ten Shillings and to his heirs and Assigns for ever  Item I give and bequeath unto my Son William Smith the Sum of ten shillings and to his heirs and Assigns for ever  Item I give and bequeath unto my Son Joshua Smith the Sum of ten shillings and to his heirs and Assigns for ever  Item I give and bequeath unto my Son Solomon Smith the Sum of ten Shillings which shall Remain to him and to his heirs and Assigns for ever  And lastly I doe hereby nominate make and appoint my two Sons Wait Smith and Samuel Smith or in case of death one of them to be the Executors of this my Last Will and Testament and do impower and authorize them to sell and dispose of so much of my moveable estate as shall discharge all my Just debts as aforesaid And to see that the above divisions of my said Moveable Estate be divided as equally as may be and I do Revoke and disannull all other Wills & Testaments and doe declare this to be my Last In Witness whereof I have hereunto set and putt my hand & Seal this twenty fourth day of September and in the Year of Our Lord one thousand seven hundred and fifty.

                                                                                                                                                Wait Smith                          (seal)

Signed Sealed published and declared by the said Wait Smith as his Last Will and Testament in the presence of us who subscribed our names in the presence of the Testator

Daniel Everett

Daniel Gales

Gilbert Denton

 

Probated on 12 Oct. 1753, and proved by Gilbert Denton, one of the witnesses. Letters of Administration granted to Wait Smith and Samuel Smith, the Executors, on 12 Oct. 1753.

 

* Transcribed by John A. Maltby from New York County Probate, Vol. 18, p. 396-398, copied from original Liber 18, p. 366-369.