John’s will and the
probate of his estate lay the ground work for this project. I’m going to examine what the will tells us
and what it doesn’t. Then in the next
post we will see what the probate distribution shows.
First, the
Will.
My
Transcription
Will of John
Smilie
In the Name of
God Amen. I John Smiley[Smilie] of
Tyrone township in the County of Fayette and Commonwealth of Pennsylvania being
in health of Body and of sound mind memory and understanding praised be God for
the same, do make and declare this my last will and testament in manner and
form following that is to say. First I
give and bequeath unto my beloved wife Jane Smiley [Smilie] the sum of four
hundred dollars. Second I give and
bequeath unto my Granddaughter[s] Jane and Sarah Huston each the sum of One
thousand Dollars. Third. I give bequeath and devise all that my tract of land
and farm containing about three hundred and sixty five acre and allowance of
six p cent for roads & c with the appurtenances situate in the Township and
County aforesaid whereon I now reside together with all my plate, China, linen,
household goods and furniture, implements of farming and husbandry and all my
stock, such as horses, cows, sheep, hogs etc unto my said wife Jane for and
during the term of her natural life; and from and immediately after her
decease, I give, bequeath and devise the same unto Presley Carr Lane, Isaac
Griffin, and Joseph Huston all of the County aforesaid Esquire. To hold to them
and their heirs to the use of the said Presley Carr Lane, Isaac Griffin and
Joseph Huston and their heirs to receive the rents Expenes [Expenses] and
profits - thereof in trust for my Son Robert Smiley [Smilie] for and during the
term of his natural life; and after the death of the said Robert Smiley
[Smilie] I do hereby request order and empower the said Presley Carr Lane,
Isaac Griffin and Joseph Huston and the survivors or survivor of them and the
Executors and Administrators of such survivor to sell and Convey in fee Simple
all the tract of land aforesaid with the appurtenances, also the plate, linen,
China, household goods and furniture implements of farming and husbandry and
stock aforesaid and upon receipt of the monies arising from such sales or sale
to pay and devide [divide] the same equally to and Among all my Grand Children
then living and the issue of such as may then be dead - such part thereof only
to be paid and devided [divided] equally amongst such issue as would have been
coming hereby to the father or mother of such issue had he or she been then
living - Fourth I give and devise all that my tract of land situate in
Springhill Township in the County aforesaid Containing about one hundred and
fifty acres and the usal [usual] allowance for road & c and adjoining lands
of James W. Nicholson, Thomas Graham, Cramer and others with the appurtenances
unto the said Presley Carr Lane, Isaac Griffin and Joseph Huston and their
heirs To hold the same to the use of the said Presley Carr Lane, Isaac Griffin
and Joseph Huston and their heirs to receive the rents issues and profits
thereof in trust for the Seperate [separate] maintenance of my Daughter Jane
Craig without the interference or control of her Husband William Craig for and
during the term of her natural life unless the land with the appurtenances last
aforesaid should be sold by my said trustees, the survivors or survivor of
them, the Executors or administrators of such survivor during the life of the
said Jane Craig which they respectively in their discretion are hereby
Authorized to do and to convey the same in fee simple to the purchaser or
purchasers and the whole of the money ariseing [arising] from such sale to
place out a legal interest upon good security in their own names and in such
manner as they shall think proper and to appropriate the interest ariseing [arising]
therefrom Annually to the seperate [separate] use and mantainence [maintenance]
of my said Daughter Jane Craig during her Natural life without the interference or
control of her said husband and immedi= after the death of the said Jane Craig
to collect the whole of the said money to placed out at interest and to pay and
divide the same in like manner as is herein after directed in case of the a
sale of the land last aforesaid being made after the death of the said Jane
Craig: But in case the said Presley Carr Lane, Isaac Griffin and Joseph Huston,
the survivors or survivor, the Executors or Administrators of such Survivor
should not think proper to sell the tract of land last aforesaid with the appurtenances
in the lifetime of my said Daughter Jane Craig I do herby [hereby] request order and
empower them, the survivors or survivor and the Executors and administrators of
such survivor immediately after her death to sell and convey the tract of land
last aforesaid with appurtenances in fee simple and the money arising from such
sale to pay and divide in the following manner, that is to say, the sum of five
hundred dollars part them of to be paid to my Grandson, John Smiley [Smilie]
Craig and the rest residue and remainder then to be paid and divided equally to
and among all my grand Children then living and the issue of such as may then be
dead in the same manner as in here in before directed with the respect to the
money ariseing [arising] from the sale of the tract of land and farm first
mentioned whereon I reside. Fifth I
give, bequeath and devise all the rest residue and remainder of my goods,
chattles [chattels], rights, credits and effects whatsoever and wheresoever
found to my Grand children to be equally divided among them. Sixth and it is my
will and meaning - that my said trustees, or either of them shall not be liable
to answer or make good and loss or losses that shall or may happen in placing
out the monies at interest allowing to the directions of this my will, or in
transacting any money, affairs or otherwise relating to or concerning the
execution of the trust mentioned in this my will unless the same shall happen
by or through them or either of them wilful [willful] neglect or default not
shall either of them my said Trustees be answerable or accountable for the
acts, deeds, receipt or disbursements of the other of them: but each of them
shall be answerable only for his own seperate [separate] acts, deeds, receipts
and disbursments [disbursements], And I do herby [hereby] direct that my said trustees
shall and may pay and reimburse themselves and himself out of my estate all
reasonable and necessary costs charges and expences [expenses] whatsoever that
they or either of them shall or may bear, pay, be put to or sustain in or about
the execution of this my will or the trust hereby in them reposed. And lastly I
do hereby nominate Constitute and appoint my said Trustees the said Presley
Carr Lane, Isaac Griffin and Joseph Huston executors of this my last will and
testament In witness whereof I have hereunto set my hand and seal the Nintheenth
[Nineteenth] day of November in the year of Our Lord one thousand and eight
hundred and nine.
[i] Fayette
County, Pennsylvania, “Will Book, Vol. 1, Book 1,” pp 286 – 289, will of John
Smilie, 1813, Register of Wills Office, Uniontown.
What does the Will tell us?
·
John’s wife’s
name was Jane, to whom he left $400 and the property in Tyrone Twp. until her
death, the Tyrone property then going into trust.
·
Two of John's granddaughters were Jane and Sarah Huston, each to received $1000. [Since Jane
and Sarah’s last name is Huston, not Smilie, that tells us their mother was a
Smilie, married to a Huston. Their
mother’s name does not appear in John’s will.]
·
John owned at
least two parcels of land, the land in Tyrone Township where he lived and a
tract in Springhill Township [Nicholson Twp. was erected in 1841] adjoining
property of James W. Nicholson [Nicholson was the business manager of Albert
Gallatin and the man for whom Nicholson Twp. was named].
·
He placed each of
the properties in a trust, with Presley Carr Lane, Isaac Griffin and Joseph
Huston [and their survivors, Executors and Administrators] as trustees.
·
John had a son,
Robert, to whom he left no real property, but a ‘living’ from the Tyrone
property trust.
·
John had a
daughter, Jane, married to William Craig, to whom he left no real property, but
a ‘living’ from the Springhill property.
·
William Craig was
to have no influence or control of his wife’s ‘living’.
·
William and Jane
Smilie Craig, have a son, John Smilie Craig, who is to receive $500 dollars
when his mother’s trust is distributed, along with an equal share to all of the
grandchildren.
·
John had other
unnamed grandchildren to whom all of the estate would eventually be distributed
to equally
What the will does not
tell you.
·
The mother of
Jane and Sarah Huston is deceased
o The deceased mother is not receiving a ‘living’ or
other bequest from the estate.
o She only had two children.
·
While the will
tells you that John Smilie Craig is the son of William and Jane Smilie Craig it
does not tell you that he is an only child.
William and Jane had no other children.
·
The will does not
enumerate the grandchildren. There are
still grandchildren being born. The will
was written in 1809. John’s son, Robert,
had five more children after the will was written.
·
Grandchildren
could die, with or without issue before the estate is settled.
o One grandchild, a child of Robert, was born and lived
less than a month, therefore no issue.
o One grandchild, Sarah Huston [widowed and remarried,
no children to either husband] could have died before the estate was settled,
and each surviving grandchild would have received a slightly larger percentage of
the estate; but she was living when the estate was settled and shared equally in the distribution.
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