Family:Zachariah Smalley and Mary Unknown (1)

Descendants of Zachariah Smalley

Generation No. 1

1. ZACHARIAH2 SMALLEY (JAMES1) was born WFT Est. 1755-1762 in prob. Dutchess County, New York, and died 1811 in Putnam County, New York. He married MARY ??? Abt. 1780 in prob. Putnam County, New York. She was born Bef. 1762.

Notes for ZACHARIAH SMALLEY: Zachariah Smalley's Administration Papers in 1811, mention wife Mary, and James Smalley (most likely his father James).

Administration bond filed on Nov. 12, 1811 in Dutchess County, New York, name Mr. James Smalley, John Hazen, Rowland Bailey, John Sprague, all of the town of Fredericks, in Dutchess County, State of New York, and James Smalley and John Hazen were named administrators of Zachariah Smalley's estate. (Listed as #580 - Copy on file)

Children of ZACHARIAH SMALLEY and MARY ??? are: i. ISAAC3 SMALLEY, b. 28 Aug 1780, Kent, Putnam County, New York; d. 1812, Putnam County, New York; m. ELIZABETH RUSSELL; b. Oct 1783, Putnam County, New York; d. Dec 1819, Putnam County, New York.

Notes for ISAAC SMALLEY: The children of Isaac Smalley were placed under the guardianship of Joshua Hazen on 8/19/1820 in Putnam County, New York court, after the death of Isaac and Elizabeth Smalley.

Notes for ELIZABETH RUSSELL: From Putnam County Circuit Court Papers, #254:

The Last will and testament of Elizabeth Smalley of the Town of Kent in the County of PUtnam and State of New York considering the uncertainty of this life and being of sound mind and memory do make and publish this my last will and testament in manner and form following, that is to say first I give and bequeath unto my two daughters Abigail and Polly my two best beds between them and to my son John I give one bed and beding to the place into the care of my sister Abigail Russell at my deceased to be delivered them at her disgression and as to my stock farming utensils hay and fodder, grain and household furniture not otherways disposed of to be sold by my executor and the avails thereof against the debts and the overplus to apply towards paying the debts against the estate of my deceased husband, and I hereby appoint my father John Russell sole executor of this my last will and testament hereby revoke all former will by me made.

In witness whereof I have hereunto set my hand and seal this the eigth day of November in the year of our Lord one thousand eight hundred and nineteen.

Signed, sealed published and declared by the above named Elizabeth Smalley to be her last will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator.

ROWLAND BAILEY her ABEL SHAW ELIZABETH X SMALLEY (Seal)

                                                                                                         mark

PUTNAM COUNTY, SS:

Be it remembered that on this 21st day of December in the year of our Lord one thousand eight hundred and nineteen personally appeared before me Walker Todd Surrogate of the said County Rowland Bailey who on this oath declared that he did see Elizabeth Smalley sign and seal the annexed written instrument purporting to be the will of the said Elizabeth Smalley bearing the date the eight day of November in the year of our Lord one thousand eight hundred and nineteen and heard her publish and declare the same as and for her last will and testament. That at the time thereof the said Elizabeth Smalley was of sound disposing mind and memory ot the best of the knowledge & belief of him the deponent and that Abel Shaw together with this deponent subscribed the will as witnesses thereto in the presence of the Testatrix.

                                                                                        WALKER TODD

• ii. MERCY SMALLEY, b. 01 Dec 1782; d. 15 Mar 1839, Putnam County, New York; m. JOHN HENION, 02 Jun 1803, Rhinebeck Reformed Church, Dutchess County, New York; b. Abt. 31 Mar 1776, Rhinebeck, Dutchess County, New York; d. 02 Feb 1848, Boyd's Corners, Kent, Putnam County, New York.
• iii. JAMES SMALLEY, b. 27 Sep 1783, Prob. Putnam County, New York; d. 07 Jan 1868, Putnam County, New York; m. (1) SUSANNAH BOYD, Bef. 1806; b. 11 Oct 1769, Near New Bedford, Westchester County, New York; d. 06 Feb 1845, Putnam County, New York; m. (2) PHEBE WIXON, 31 Dec 1846, Residence of Isaac Wixon, Kent, Putnam County, New York; b. 27 Feb 1813, Kent, Putnam County, New York; d. 29 Apr 1880, Putnam County, New York.

Notes for JAMES SMALLEY: The Last Will and Testament of James Smalley:

I, James Smalley of the Town of Kent, County of Putnam and State of New York, being of sound mind and memory (blessed be God for the same) do make publish and declare this to be my last will and testament:

First, I require all my just debts and funeral expenses to be paid

        out of my estate.

Second, I give and bequeth to my daughter Emeline Smalley the sum

        of three hundred dollars.

Third, I give and bequeth to my two grand children, Edassa and Sarah Maria, the children of my

        deceased daughter Sally Maria Frost each the sum of one hundred dollars.

Fifth, In regard to my wife Phebe I wish and expect for her to hold her right of dower in my real

        estate pursuant to the Statute in such case made and provided (there is a cause for this)

Sixth, All the rest and residue of my estate both real and personal I give, devise and bequeth unto my son, James K. Smalley. Lastly, I hereby constitute and appoint my son James K. Smalley and my friend James J. Smalley of

        Carmel in the County of Putnam and state of New York the executors of this my last will and
        testament heredo revoking all former wills by me made.

In witness where of I have here unto set my hand and seal this first day of June A.D. 1865. witness: Nathaniel Dean

              Abel Smith                                                             James Smalley

The foregoing written instrument was on the day of the date here of subscribed my James Smalley the testator therein named in the presence of the undersigned. The said testator at the time he so subscribed said instrument declared the same to be his last will and testament and requested us to sign our names as attesting witness thereto, we accordingly sign our names as attesting his presence and in the presence of each other.

Nathaniel Dean Somers, Westchester County, New York Abel Smith Kent, Putnam County, New York

This document lists the children of James Smalley, and indicates the child, Sarah Maria Smalley, his only child from his first marriage to Susannah Boyd:.

1. 1792

STATE OF NEW YORK PUTNAM COUNTY SURROGATE'S COURT

    To Edward Wright, Surrogate of the County of Putnam:
    The petition of Emeline Smalley, of the town of Kent, in the County of Putnam, respectfully showeth, that your petitioner is a legatee named in the last will and testament of JAMES SMALLEY, late of the town of Kent, in the County of Putnam, deceased.
    That the said deceased was at or immediately previous to his death an inhabitant of the County of Putnam and departed this life in the town of Kent aforesaid on the seventh day of January last past, and that his said last will and testament relates to both real and personal estate.
    Your petitioner further shows that the heirs and next of kin of the said James Smalley, deceased are your petitioner Emeline Smalley, and James K. Smalley and Christina Smalley all residing in the said town of Kent his only surviving children, the said Emeline Smalley being of gull age and the said James K. Smalley and Christina Smalley being minors over fourteen years of age, having no general gardian: And Sarah Maria Frost and Susan E. Bigelow and children of Sarah Maria Frost deceased who was a daughter of the said James Smalley, deceased, residing at Altay in the County of Schuyler and State of New York, the said Susan E. Bigelow of full age and the said Sarah Maria Frost being a minor over fourteen years of age having no general guardian.
    That Phoebe Smalley, rtesiding in the said town of Kent, of full age is the widow of the said James Smalley, deceased.
    Your petitioner further states that the value of the estate of the deceased, for and in respect of which the probate of said last will and testament relates to does not exceed in value the sum of about six thousand dollars.
    Your petitioner therefore prays that said last will and testament may be proved, and letters testamentary granted thereon according to law.

Sworn to this 23rd day of April EMELINE SMALLEY A.D. 1868 before me. Edward Wright, Surrogate. -*(mm)*-

This James Smalley was most probably the James Smalley, listed in the 1810 Census in Putnam County, New York, with 1 male, 16-26 years of age (he would have been about 26 at the time), and 1 female, 26-45 years of age (Susanna Boyd would have been about 41 at the time). It apparently does not list their daughter, Sarah Maria Smalley, that was born in 1806.

Notes for PHEBE WIXON: From Nancy G. Ballard, Ballston Spa, New York:

Phebe (Wixon) Smalley received a pension for the time her husband spent in the War of 1812. There were no records of his being in the War and she had to get those who served with him to go to the Court House in Carmel and say that they knew James Smalley was in the War of 1812. She had two of her siblings, Wright Wixon, 54 years of age and Fanny Thompkins, 56 years of age, state that Phebe Wixon married, at her father's residence, Isaac Wixon, in Kent, 31 Dec. 1846, by Rev. John Warren, a Baptist Clergyman, who is now dead, Phebe Wixon married James Smalley. Dated 7 May, 1878.

• iv. PHEBE SMALLEY, b. WFT Est. 1784-1794; m. JOHN TRAVIS/FERRIS.
• v. ISAIAH SMALLEY, b. Abt. 1785, of Foshay's Corner, Putnam County, New York; d. 1886; m. PHEBE GENUNG, 1811; b. Abt. 1793; d. Abt. 1840.

Notes for ISAIAH SMALLEY: From Genforum query, possible tie-in:?

ISIAH SMALLEY, Rev War, NY & Descendents [ Follow Ups ] [ Post Followup ] [ Return to Message Listings ] [ Print Message ] [ Help ]

Posted by Pat Heitmann on June 15, 1998 at 12:42:58:(heitmann@clark.net)

Seeking information on line of Isiah Smalley, Forefather, Rev War, b in Town Kent, Putnam County, New York; m before 1826; had 13 children (we know only 6): Ann b 14 Jun 1826; Lorenzo "Lon" Smalley, eldest; Charlie, Sam, Harvey and Garrett E. Smalley, the youngest who was in the Civil War. Spouse unknown.

The youngest child Garrett E. Smalley b 24 Sep 1846 in Kent Cliffs, Putnam Co., NY m Jeanette Miller.

I know of only one child of Garrett & Jeanette: Malissa Phoebe Smalley b aft 28 Jan 1870 in Peekskill or Towners?, Putnam County, New York, d 28 Jan 1968 in Springfield Hosp., Springfield, Hampden Co., Mass. She m 1) Charles M. Foote 14 Feb 1886 in Fishkill, Dutchess Co., NY. Mr. Foote b 1859 in Danbury, Fairfield Co., Conn., Fth: Joseph Foote; 2) m James H. Lee in 1936. He was b 1872 and d 1936.

There was at least one child from her first marriage: Lillian Gertrude Foote and one from her second marriage: Emma E. Lee.

Lillian Gertrude Foote b 1 Mar 1891 in Danbury, Fairfield Co., Conn., d 22 Mar 1962 in Agawam, Hampden Co., Mass. m Warren S. Fielding Feb 1936. She was his first wife. They had 2 daughters: Lillian Margaret Fielding and Ethel Fielding, both still living. Lillian M. m Robert W. Sears, Jr.; Ethel m Robert D. Sleeper.

Does anyone have these in their line. Can anyone provide any more info--other dates & places, other children, other spouses?

Pat Heitmann heitmann@clark.net

• vi. ZACHARIAH SMALLEY, b. 1786, prob. Putnam/Dutchess County, New York; d. 14 Jan 1871, Putnam County, New York; m. PRISCILLA ODELL; b. 1784; d. 14 Jan 1876, Putnam County, New York.

Notes for ZACHARIAH SMALLEY:

1. 1921 PUTNAM COUNTY SURROGATE'S COURT

To Edward Wright, Surrogate of the County of Putnam:

The petition of Nathan C. Smalley of the town of Kent in said County, respectfully showeth that Zachariah Smalley, late of the Town of Kent, in said County, departed this life in the said County on the 16th day of February in the year one thousand eight hundred and seventy one, having previously as your petitioner is informed and believes, duly made and executed his last will and testament.

That your petitioner is the Executor named in the said Will; that the said deceased was a citizen of the United States; that he was, at or immediately previous to his death an inhabitant of the County of Putnam; and that his said last will and testament relates to both eral and personal estate, the value of which in the opinion of your petitioner will not exceed the sum of about four thousand dollars.

Your petitioner further shows that the widow heirs at law and next of kin of the said Zachariah Smalley, deceased are as follows, to wit:

Priscilla Smalley, his widow and your petitioner Nathan C. Smalley & James C. Smalley & Dorcas Mead and Emily Dean all residing in the said town of Kent and Jefferson Smalley and Joshua Smalley both residing in the town of East Fishkill in the County of Dutchess and State of New York all of full age his ony surviving children. And William Smalley residing in the said town of East Fishkill, Jane D. Holmes residing in the said town of Kent & James Smalley and John Smalley both residing in Anderson Valley, Mendocino County, State of California and Benjamin H. Smalley at Cheyenne City Territory Dakota of full age the only surviving children of Harris Smalley deceased, who was a son of the said Zachariah Smalley, deceased. And Delia Morse residing in the said town of Kent a minor child over fourteen years of age having no general guardian the only child of Julia Morse deceased who was a daughter of said Harris Smalley, deceased. And Abijah Hagar of full age the husband and James H. Hagar, Walter J. Hagar, Leroy A. Hagar, Hattie Hagar and Coles B. Hagar all minors under fourteen years of age and all residents of the said town of East Fishkill, the children of Harriett Hagar a deceased daughter of the said Harris Smalley, deceased and who has died since the death of the said Zachariah Smalley, deceased. And Rosette Smalley, a minor over the age of fourteen years and Emily L. Smalley a minor under fourteen years of age having no general guardian and both residing in the said town of Kent the children of Abel Smalley, deceased who was a son of the said Zachariah Smalley, deceased.

Your petitioner further shows that he is informed and believes that the Surrogate of the County of Putnam has jurusdiction to take the proof of the said last will and testament, and over the Executors thereof, and the power of granting letters testamentary thereof, with all powers incidental thereto, and that he desires that such proof should be taken and such letters granted and that such further or other proceedings in the premises should be had as may be legal and proper.

Your petitioner therefore prays that a Citation may issue out of and under the Seal of this court, to be directed to the proper persons pursuant to the Statute in such case made and provided requiring them and each of them at such time and place as shall be in said Citation mentioned, to appear and attend the probate of said last Will and testament and that such further or other proceedings in the premises should be duly made as may be requisite to the proving and recording of the said last will and testament, and the granting probabte and letters testamentary thereof. And your petitioner will ever pray, etc.

Dated this 18th day of May, 1871. Edward Wright, Surrogate. NATHAN C. SMALLEY

                                                                                                    -*(mm)*-

Notes for PRISCILLA ODELL: According to the research of Estelle Cummins Sande (1915-1965), genealogist, Priscilla Odell was believed to have been the daughter of William & Cynthia Ann Odell. William removed to Saratoga County.

• vii. SARAH JANE SMALLEY, b. 1792.