WILL: Frances A. B. Smith;  Salamanca, Cattaraugus co., NY 
surname: Smith, Williams, Pindar 

submitted by Sarah Sully (shewires @ aol.com) 
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Submitted Date: June 15, 2004
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Source: Sampubco Copy, Cattaraugus County Will Book 18, Page 401
Written: June 3 1897
Recorded: January 5 1903

At a Surrogate's Court, held in and for the County of Cattaraugus, at the 
Surrogate's office in Salamanca on the fifth day of January A. D. 1903
Present Carey D. Davis

IN THE MATTER OF PROVING THE LAST WILL AND TESTAMENT OF
Frances A. B. Smith Deceased
On the 5th day of January A. D. 1903 George A. Smith the Executor named in a 
certain instrument purporting to be the Last Will and Testament of Frances A.
B. Smith late of the town of Salamanca in said county deceased, applied in
this Court to have the said instrument, which relates to real and personal
estate, proved as the Last Will and Testament of the said deceased; and
thereupon the Surrogate of said County did ascertain by satisfactory evidence
the facts required by law, and the said applicant appeared in person and by W.
R. Pindar and Wells A. Smith heir at law & next of kin appearing in person and
duly waiving, in open court, the issuance and service of citation herein and
there being no infant heir at law or next of kin of said deceased and no other
parties or persons appearing, such prodeedings were thereupon afterwards had
on the said 5th day of January A. D. 1903 that the said Surrogate took the
proof in support of the said instrument as follows:

Surrogate's Court, County of Cattaraugus, ss:
IN THE MATTER OF PROVING THE WILL OF Frances A. B. Smith Deceased, Emily S.
Williams and William R. Pindar of the Village of Salamanca in the County of
Cattaraugus aforesaid, deceased, and these deponents further say that the said
Frances A. B. Smith the said testatrix did in the presence of these deponents
subscribe her name at the end of the instrument which is now shown and
exhibited to these deponents which purports to be the Last Will and Testament
of the said Frances A. B. Smith and which bears date on the third day of June
in the year of our Lord one thousand eight hundred and ninety-seven and these
deponents further say that the said testatrix did, at the said time of
subscribing her name as aforesaid, at the end of said Will declare the
instrument so subscribed and now exhibited to be her Last Will and Testament;
and these deponents did thereupon subscribe their names at the end of 
the said Will, as attesting witnesses thereto, in the presence and at the 
request of the said testatrix, and these deponents further say that at the
said time when the said testatrix subscribed her name to the said Last Will as 
aforesaid, and at the time of these deponents subscribing their names as 
attesting witnesses thereto as aforesaid, the said testatrix was of sound mind 
and memory, of full age to execute a will, and was not under any restraint. 
And that the said Will now appears in all respects as when executed, without
any alteration whatsoever.

Subscribed and sworn to this 5th             Emily S. Williams
day of January 1903, before me,                   William R. Pindar
Carey D. Davis
Surrogate of Cattaraugus County.
Surrogate's Court, County of Cattaraugus, ss:
(Transcriber's note:  The blanks in the following portion of the document were 
left blank in the original.)
IN THE MATTER OF PROVING THE WILL
OF
_____________ Deceased of the _____ of ________ in the County of Cattaraugus 
aforesaid, being duly sworn do________ depose and say that he ____________ 
subscribing witnesses to ____________ to the Last Will and Testament of 
__________ deceased, late of the _______ of _________ in the County of 
Cattaraugus aforesaid, deceased.  And th___ deponent further says that the
said _________, the said testator did, in the presence of th__ deponent 
__________________ subscribe his name at the end of the instrument which is
now shown and exhibited to th__ deponent which purports to be the Last Will
and Testament of the said ___________ and which bears date on th___ day of 
____________ in the year of our Lord one thousand _________ hundred and 
_________.  And th__ deponent further say_ that the said testator did, at the 
time of subscribing ___ name as aforesaid, at the end of said Will, declare
the said instrument so subscribed and now exhibited to be ___ Last Will and 
Testament; and this deponent ___________________ did thereupon subscribe their 
names at the end of __________ will, as attesting witnesses thereto, in the 
presence and at the request of the said testat__.  And th__ deponent further 
say_ that at the said time when the said testator subscribed h__ name to the 
said Last Will, as aforesaid, and at the time of th__ deponent subscribing
their  names as attesting witnesses thereto as aforesaid, the said testator
was of sound mind and memory and of full age to execute a will, and was not
under any restraint.  And that the said Will now appears in all respects as
when so executed, without any alteration whatsoever.
A. S. Freeland.
Subscribed and sworn, this fifth day of June 1885, before me Alfred Spring 
Surrogate of Cattaraugus County.


In the Name of God, Amen:

I, Frances A. B. Smith of the Village of Salamanca in the County of
Cattaraugus and State of New York, being of sound mind and memory, do make,
publish, and declare this my last Will and Testament in manner following, that
is to say:

First; I direct that all my just debts and funeral expenses be paid.

Second.  I give and devise unto my son George A. Smith, all that tract or
parcel of land situate in the Village of Salamanca, County of Cattaraugus and 
State of New York, bounded as follows = beginning at a point in Wildwood
Avenue at the Southeast corner of a lot owned and occupied by James A.
Williams, running thence northerly along the easterly bounds of said Williams
said land One hundred and seventy seven feet to the corner of the School House
lot = thence east fifty-seven feet = thence south parallel with the first
mentioned boundary one hundred and seventy-seven feet to said Avenue = thence
westerly along said Avenue fifty-seven feet to the place of beginning and
being the same lands devised to me by the Seneca Nation of Indians by lease
bearing date April 16, 1892 and recorded in Cattaraugus County Clerk's Office
in Liber 5 of Indian Leases at page 210 - together with all my right title and
interest in and to the land bounded northerly by the above described lands,
easterly and westerly by the continuation of the easterly and westerly bounds
of said above described lands, and southerly by the Allegany River = and in
and to any lands situate between said Wildwood Avenue and said river.

Third.  I give and bequeath unto my said son George A. Smith all the 
oil, gas, and minerals reserved in a certain deed bearing date May 14 1897,
made and executed by me and conveying to Wells B. Smith certain land situate
in the town of Poland County of Chautauqua and State of New York.

Lastly, I hereby appoint my son George A. Smith executor of this my last Will 
and Testament hereby revoking all former wills by me made.

In Witness Whereof I have hereunto subscribed my name the third day of June in 
the year of our Lord One thousand eight hundred and ninety-seven.

Frances A. B. Smith (S. S.) 

We whose names are hereto subscribed, Do Certify that
Frances A. B. Smith the testator, subscribed her name to this instrument in
our presence and hearing, declared the same to be her last Will and Testament,
and requested us, and each of us, to sign our names thereto as witnesses to
the execution thereof, which we hereby do in the presence of the testator and
of 
each other, in the day of the date of the said will, and write opposite our 
names our respective places of residence.

Emily S. Williams residing at Salamanca, N. Y.
William R. Pindar residing at Salamanca, N. Y.

IN THE SAME MATTER:
On reading and filing due waiver of the service of the citation issued in this 
matter, and upon due proof of the execution of the paper propounded as the
Last Will and Testament of Frances A. B. Smith late of the town of Salamanca
in said County, deceased, bearing the date the 3rd day of June 1897 the
petitioner appearing in person and by W. R. Pindar abd Wells A. Smith heir at
law and next of kin appearing in person, and duly waiving, in open court, the
issuance and service of Citation herein and there being no infant, heir at
law, or next of kin of said deceased, and it appearing by such proof that the
said will was duly executed, that the testatrix at the time of executing the
same, was of full age for making a will, was of sound mind and memory, and not
under restraint, and in all respects competent to devise real estate, and the
probate thereof not having been contested;

It is ordered adjudged and decreed that the said paper purporting to be the
Last Will and Testament of the said Frances A. B. Smith, deceased, was duly
executed to pass real and personal estateand that the same with the proofs
thereof be recorded and admitted to probate as a Will of real and personal
estate.

WITNESS Carey D. Davis, Surrogate, and seal of the court the day and year
first above written.
Carey D. Davis, Surrogate.
STATE OF NEW YORK
Cattaraugus County, Surrogate's Office.
Recorded the preceding Last Will and Testament of Frances A. B. Smith late of 
said County, deceased, as a will of real and personal estate, together with
the proofs taken in the Surrogate's Court of Cattaraugus County, which record
is hereby signed and certified by me, pursuant to the provisions of the
Revised Statutes, this 14th day of January A. D. 1903

Additional Comments:
Although the clerk used the name "Wells A. Smith" as one of the heirs at law, 
the actual will names "Wells B. Smith," which is correct.