Person:James Smalley (6)

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 pa

        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.

1. ↑ Barbara Smith Buys. Old Gravestones of Putnam County, New York, Barbara Smith Buys. (Gateway Press, Baltimore, MD 1975).
2. ↑ The New York Genealogical and Biographical Record. (New York Genealogical and Biographical Society,. 226 West 58th Street, New York)
   Vol. LVI, 1925, pg. 312.
3.   Barbara Smith Buys. Old Gravestones of Putnam County, New York,. (Gateway Press, Baltimore, MD 1975)
   133.