Last Will of Thomas Smith - July 31, 1862

Below is a transcription of the will of Thomas Smith/Thomas B. Smith of Parker Township, Butler County, Pennsylvania, which was written on July 31, 1862. All spelling, punctuation, and capitalization are accurate to the original. Only the returns at the end of lines are not the same.

The will was recorded in Butler County (Pennsylvania) Will Book Volume D, 1859-1869, pages 169-170. I viewed it on FHL Microfilm #895101.

The printer on the microfilm reader at the FHC was broken so I was unable to print a copy. I transcribed it from the reader and also photographed it.

I hoped that this will would define the father/daughter relationship between Thomas Smith and my great-great-grandmother, Rebecca (Smith) Bartley. In another post I will discuss what I what I found.

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Last Will of Thomas Smith

Know all Men by these presents that I Thomas Smith of the township of Parker county of Butler and State of Pennsylvania Farmer being in ill health but of sound mind and disposing mind and memory Do make and publish this my last will and testament hereby revoking all former wills by me at any time heretofore made And as to my worldly estate and all the property real personal or mixed of which I shall died seized and possessed or to which I shall be entitled at the time of my decease I devise bequeath and dispose thereof in the manner following to with 1st My will is that all my Just debts and funeral expenses shall by my Executor here in after mentioned or named be paid out of my estate soon after my decease shall by him be found convenient 2nd I give devise and bequeath to my son William Smith all that certain messuage and tract of land on which I now live containing one hundred acres to be the same more or less Bounded and described as follows Commencing at the south East corner thence by lands of Nelson Smith on the East Thomas B. Smith on the North on the west by George Daubenspeck and John Hoover and [blot] the south by Christian Hoover situated in The township and county aforesaid and all profits income and advantage that may result therefrom To have and to Hold the same to him the said William Smith his heirs and assigns to his and their use and behoov forever 3d I give and bequeath to my son William Smith one horse to be selected from the horses on the place by my Executors hereinafter after named 4th I give and bequeath to my son Joseph Smith for his maintanence [sic] during his Natural lifetime a piece of land Eighty rods long along the northern line adjoining Thomas B. Smith and forty rods wide from North to South one half to come off of William Smiths land and the other half to come off of Nelson Smith land the said piece of land to contain twenty acres The said Joseph Smith to have and to Hold the said twenty acres together with all the profits Income and advantages that may results therefrom during this the said Joseph Smiths natural life and at his death the title in the property is to revert back to t[he] said William Smith and Nelson Smith My Sons Thomas B. Smith and Nelson Smith having given to each one of them viz Thomas B. Smith and Nelson Smith one hund[red] acres of land each I give and bequeath Thomas B Smith one dollar and to Nel[son] Smith one Dollar I give and bequeath to each one of my Daughters who have not married at the time of my death one cow and four sheep each one of those that as[?] married having received the same All the rest and residue of my estate personal and mixed of which I shall be entitled at my decease and which I shall die seized and possessed or to which I shall be entitled I give devise and bequeath to bequeath divide between and among my daughters Rebecca intermarried with Dobson [?] Alvira intermarried with Davis [or David] Rosanna Smith Sarah intermarried with David Jackson and lastly I do mention and appoint my Good Neighbor John Daubenspeck of George to be my Executor of This my last Will and Testament In [illegible word] whereof I have hereunto to this my last Will and testament contained on these pages of paper and to every page thereof I have subscribed my name and affixed my seal this thirty first day of July in the year of our Lord one thousand and Eight hundred and sixty two
Signed sealed published and delivered by the said Thomas Smith
Thomas B. Smith as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereunto
George H. Graham
Geo. W. Daubenspeck

Butler County S.S.
Registrars office October 3d AD. 1862 Then personally appeared Geo. W. Daubenspeck one of the subscribing witnesses to the foregoing last will and testament of Thomas Smith decease [sic] and on his solemn oath does say that he was present with George H. Graham, the other subscribing witness and did see and hear [?] Thomas Smith of Parker township decd the estate therein named seal publish and declare the same as and for his last will and testament and that at the time of the codoing [?] he was of sound desposing mind memory and understanding to the best of his knowledge & belief and that he saw the other subscribing witness Geo. H. Graham in his pr[?] and in the presence of the testator and at his [request?] sign the same will and testament and that he the said George Graham is now in the Military service of the United Sates and beyond the limits of the state of Pennsylvania
Sworn and subscribed before me this 3d day of Oct A D 1862 Geo. W. Daubenspeck
A. P. Reece Depty [sic] Reg

Butler County S. S.
Registrars office Oct 3d AD. 1862 Then personally appeared John Scott Esq. who being duly sworn according to law desposeth says that he is acquainted with the hand writing of George H. Graham of the subscribing [illegible word] to the foregoing will of Thomas Smith late of Parker township deceased that he has seen the said George H. Graham unite his name and that he believes the Signature of him the said George H. Graham that the said George H. Graham is now in the Military service of United States and beyond the limits of the State of Pennsylvania & further saith not-
known and subscribed before me John Scott [signature]
W P Reed Depty [sic] Reg
Recorded Oct 3d 1862