William Smith's Will, 1900


LAST WILL AND TESTAMENT OF WILLIAM SMITH
Proved, August 30, 1900

I, William Smith, of the township of Bernards County of Somerset and State of New Jersey, being of sound mind, memory and understanding, do make and publish this my last will and testament in manner following, that is to say:

First:  I do hereby nominate constitute and appoint my two sons George W. Smith and Albert C. Smith executors of this my last will and testament.

Second:  I order and direct that all my just debts and funeral expenses be paid as soon as practicable after my decease.

Third:  I give and bequeath to the trustees of the Mount Horeb Methodist Episcopal Church and their successors in office one hundred dollars in trust the interest thereof to be used in keeping the cemetery of said church in repair.

Fourth:  I order and direct my executors to set apart and to invest, and reinvest when necessary, one equal one tenth part of my estate and to pay the interest thereof and any part of the principal that may be necessary for his comfortable maintenance and support in case he should be unfortunate to my son John C. Smith and after his death to pay the principal or what remains of it to my other children equally or to their legal representatives.

Fifth:  It is my will and I do order my executors (or the survivors of them) to set apart and safely invest and reinvest when necessary, one equal one tenth part of my estate and to pay to my son Silas O. Smith the interest and as much of the principal as may be necessary for his comfortable maintenance and support during his natural life and at his death to pay the principal or what remains of it to his children.

Sixth:  I give and bequeath to my daughter Mary L. Slocum one equal tenth part of my estate less five hundred dollars with interest thereon at three per cent per annum (the same being the amount of a note I hold against her name now 6 years old).

Seventh: I give and bequeath to my daughter Harriet Edmonds one equal tenth part of my estate less eighty-five dollars with interest thereon at 3 pr ct per annum--the same being the amount advanced to her.

Eighth: I give and bequeath to my son George W. Smith one equal tenth part of my estate less seven hundred dollars advanced to him when I sold him my farm at Mt. Horeb.  If his share should be less than seven hundred dollars he is to make good to my estate the deficiency and he is to make good to my estate the amount of principal and interest on a mortgage I hold on the Mount Horeb farm for the sum of three thousand dollars.

Ninth: I give and bequeath to my daughter Catharine Titus, to my sons William Smith, Cornelius Smith to my daughter Jane Huff and to my son Albert C. Smith each the equal undivided one tenth part of my estate-to them and their legal representatives.

July 20th, 1892

(Signed) William Smith

I William Smith do this seventh day of July Eighteen Hundred and Ninety-six make and publish this codicil to my last will and testament which said last will and testament whereof this is a codicil is dated July 20, 1892.  First I do hereby ratify and confirm my said will in all respects except in so far as any part thereof shall be revoked or altered by this codicil.

Whereas since making my said last will and testament I have paid for my daughter Catharine Titus the sum of three hundred dollars-the same being a note on which I was security for her, therefor I hereby order and direct that the said sum of three hundred dollars shall be deducted and taken out of her share of my estate as given her in my said last will and testament.

And whereas I have since making my said last will and testament loaned to my daughter Jane Huff, her husband and son, all at her request, the sum of one thousand dollars, therefore if the same is not paid before my death I hereby order that the same shall be taken out of and deducted from the share of my said daughter Jane Huff in and to my estate under and by virtue of my said last will and testament.  I do further order and direct that if any of my children shall contest my will or this codicil in the course thereby causing any expense whatever [?] to my estate I hereby order and direct and I do expressly enjoin [?] that such child or children as shall so contest said will or codicil shall not receive any portion of my estate whatever, and that the portion or portions given to them by this codicil and said will shall be equally divided among my other children who shall not so contest the same.

(signed)
Wm. Smith