By Jared L. Olar
January 2024
The complete text of the will and estate inventory of Thomas Smith Sr. (c.1672-1732) of Cape May County is transcribed in James W. Hook's Smith, Grant, and Irons families of New Jersey's shore counties, including the related families of Willets and Birdsall (1955), pages 45-51, and is reproduced here:
"The will of Thomas Smith, yeoman, of Cape May, N. J. was dated 28 Dec. 1731 and proved 13 May 1732. The executors designated in the will were 'friends and brother William Smith and Henry Young.' The witnesses were Elizabeth Crowell, widow, no doubt, of Yelverton Crowell, John Thompson and John Thompson, Jr. The will, quoted in more detail below mentioned his wife Abagail and children named Thomas, Christopher, Anthony, all under age and Margery, Jerusha, Ruth, Abagail and Alathare.
"The originals of Thomas Smith's will, inventory and executor's settlement account are in the office of the Secretary of State at Trenton, New Jersey, (Liber 3, p. 217, Cape May Wills). It reads as follows:
"'IN THE NAME of God Amen the 28 Day of Desember in the year of our Lord one Thousand seven Hundred and thirty one I Thomas Smith of Cape May in the County of Cape May, yeoman, Being very sick and weak in body but of perfect mind and memory, thanks be Given unto God therefore, Calling unto mind the Mortality of my Body and knowing that it is appointed for all men once to Die, Do make and ordain this my Last will and Testament that is to say principally and first of all I Give and Recommend my soul unto the Hands of God that Gave it and for my Body I recommend it to the Earth to be Buried in a Christian Like and Decent manner at the Discretion of my Executor nothing doubting but att the General Resurection I shall Receive the Same again by the mighty power of God and as touching such worldly Estate wherewith it hath pleased God to Bless me in this Life I Give, Devise and Dispose of the same in the following manner and form,
"Imprimis - I give and Bequeath to Abagail Smith my Dearly Beloved wife one third part of my moveable Estate after Debts are Paid to her and her heirs forever
"Item - I Give and bequeath to my well Beloved sons Thomas Smith and Christopher Smith all my Lands, Messuages and Tenaments to be Equally Devided between them when they shall come to age but my son Thomas Smith shall have the Greatest Rome in the house and Christopher the other Rome by them freely to be possessed and Enjoyed by them their heirs and assigns forever.
"Item - I Give and bequeath to my well Beloved son Anthony Smith a Double Porssion of my moveable estate after my Debts are paid to be paid to him when he shall Come to the age of twenty and one years.
"Item - I Give and Bequeath to my Daughter Margery and my Daughter Jerusha and my Daughter Ruth and my Daughter Alathare and Each of them an Equal share of my moveable Estate after my Debts are paid.
"Item - I Give my Daughter Abagail one half as much as are a one of her sisters and the Reason that she has no more is because she has had something of Value already and I do likewise constitute and ordain my Loving friends and Brother William Smith and Henry Young and sole Executors of this my Last Will and Testament and I do hereby utterly Disallow, Revoke and Disannul all and Every other former Testaments, Wills, Legacies and Executors by me in any ways Before this time Named, willed and Bequeathed, Ratifying and Confirming this and no other to be my Last will and testament.
"In Witness whereof I have hereunto set my hand and Seal the day and year above Written his Thomas X Smith mark
"Signed Sealed Published Pronounced and Declared by the said Thomas Smith as his last will and Testament in the presence of us the subscribers her Elizabeth X Crowell mark, his John X Thomson mark, John Thomson Jr.'
"The inventory of Thomas Smith's personal estate was taken 13 Apr. 1732 by Benjamin Hand and John Ingrum and accepted by the executors, William Smith and Henry Young, on 13 April 1732. It consisted of – [amounts are in pounds, shillings, and pence]
to his purs and Apparel 6-13-6
to Beds & Bedding and cloth and clothing 11-18-4
to Iron pots and kettles and other household goods 3-3-11
to Implements & Tools for husbandry and old iron 5-13-7
to a hand mill and cart and board and yokes and irons and casks 4-9-2
to a bridel and sadel 0-6-0
to grain in the Barn and grain in the ground 6-12-0
to hides 0-13-0
to 2 guns 1-15-0
to half a Shallop and Cannew 5-15-0
to cattle 54-0-0
to one horse and mear 4-0-0
to sheep and hogs 13-8-0
to a Cross Cut saw and oger and a pater beason (puter bason) 0-13–0
"The final settlement of the estate which starts with an inventory of 111-15-0 rather than 119-0-6 as given above was not made until 20 June 1741 when William Smith and Henry Young filed, in great detail, their final account, the essentials of which were as follows:
"'THESE ACCOMPTANTS charge themselves etc. with all and singular the goods and chattels & credits of the said Dec'ed mentioned and specifyed in an Inventory and Appraisement thereof made and exhibited by them into the prerogatives office at Burlington, amounting as by the same appears to the sum of one hundred and eleven pounds and fifteen Shills proclamation Money 111-15-0
"'THESE ACCOMPTANTS pray credit, contra; By Moneys paid to Samuel Bustill Esq. at Burl.n, the fees for
the L'tr's testamentary of the Dec'ed. as per receipt 1-18-3
By Moneys p'd to Benjm Hand and John Ingrum for apprais'g the Dece'ds Goods as appears by two Receipts 0-15-0
By Moneys p'd to Lewis Cresse, a Debt of the Dec'ed. as per Receipt 0-6-0
By Moneys p'd to Benj'm Johnson as appears per Receipt 0-3-0
By Moneys p'd to Rich'd Buckeley, a Debt of the Dec'ed as per Receipt 0-16-6
By Moneys p'd to Benj'm Johnson junr. a Debt of the Dec'ed as per Receipt 0-2-7
By Moneys p'd to Jacob Garrison, A Debt of the Dec'ed as per Receipt 1-12-0
By Moneys p'd to Thos. Stonebank, a Debt of the Dec'ed as per Receipt 1-3-0
By Moneys p'd to Jeremiah Hand for Jeremiah Church a Dt of Dec'd. as per Do. 0-13-0
By Moneys p'd to Jon. as per receipt Robinson, a Dt. of the dec'd 0-9-0
By Moneys p'd to Dan'l Walker a Dt. of the dec'd. as per receipt 0-6-5
By Do p'd to Thos. Lay for Mary Paschal Dt. of the dec'd. as per receipt 0-11-0
By Moneys p'd to Jon. Bond, a Dt. of the dec'ed as per receipt 3-3-1
By Moneys pd to Jon Robinson, a De of the dec'ed as per receipt 2-0-0
By Moneys p'd to Elizabeth Crowell, a Dt. due from the dec'ed., ten shillings thereof being for
nursing the Dece'd's widow as per two receipts 3-4-2
By Moneys p'd to David Cresse, a Debt of the Dec'd as per Receipt 0-7-0
By Moneys p'd to Jacob Spicer Esq., a Debt of the Dec'ed as per Rec't. 0-16-0
By Moneys p'd to Richard Downes, a Debt of the Dec'd as per Rect. 1-7-9 3/4
By Moneys p'd to John Crandall, a Debt of the Dec'd as per his Oath 0-9-8
By Moneys p'd to Jon. Smith, a Debt of the Dec'd as per Receipt 0-7-11
By Moneys p'd to Wm. Segrave, a Debt of the Dec'ed as per Rect. 0-1-3
By Moneys p'd to Sebastian List, a Debt of the Dec'd as per Rect. 0-7-3
By Moneys p'd to Aaron Leaming Esqe. twenty pounds, one shilling and two pence in part of the Legacy
given by the sd. Thos. Smith to his wife Abagail and also one pound, eighteen shillings and
three pence to Samuel Bustill Esqe. the fees for the Letters testamentary of Sam'l Johnson the
S'd Abagail's former Husband as appears per Receipt 21-19-5
By Moneys p'd to Jo'n. Thompson, a Debt of the Deceased 0-6-6
By Moneys p'd to Wm. Bond for making a Coffin for the Dec'ed's son Christopher 0-3-0
By Moneys p'd to Edw’d. Nicholas a Debt of Dece'd as per Receipt 0-9-0
By Moneys p'd to Randal Hewet, a Debt of the Dece'd as per Receipt 0-10-7 1/2
Item - These accomptants pray allowance for 32 p'd of pork delivered to Lewis Cresse in part of his
Wifes Legacy by Jon. Robinson, tenant of the Dece'd's plantation according to their order as per
Receipt 0-8-0
By Moneys p'd to Lewis Cresse & Abagail his wife in part of a Legacy bequeathed by the Dec'ed as by
their Receipt 1-19-8
By Moneys p'd to Phebe Johnson in part of her Mother, the said Abagail Johnson, her thirds out of the
estate as per receipt 4-2-0
By Moneys p'd to Jas. Pharo in part of a Legacy left by the dec'd to his wife Ruth as per Receipt 3-14-0
By Moneys p'd to Jas. Pharo & his Wife in Right of the s'd James Pharo's Wife other part of a Legacy
left to his wife as per receipt 3-18-0
By Moneys p'd to Jas. Bellangee in part of a Legacy left to his Wife Margery by the Dec'ed as per Rect. 7-12-0
By Moneys p'd to Lemuel Swaine in part of a Legacy left to his wife by the Dec'ed as appears by Receipt 1-17-0
By Moneys p'd to Alathar Smith, Daughter of the Dec'ed in part of her Legacy left her by him as per
Receipt 6-2-2
By More Moneys paid to the s'd Alathar as per Receipt 0-3-0
Item - These accomptants pray allowance for a Cow apprais'd at 2-5-0 & a sheep at 0-8-0 wch were lost
before they could be sold 2-13-0
Item - These accomptants pray allowance for an old Gun apprais'd at 1-5-0 which they cannot sell 1-5-0
Item - These accomptants pray allowance for an old Shallop & some Tackling belonging to her & a Cannoe
(wch. s'd Shallop is sunk) & remain all unsold for want of Buyers, appraised at 5-15-0
Item - This accomptant, Thomas Smith, prays allowance for his Time, Trouble & Expense in administering
the Dec'ed's Estate as aforesaid & for Moneys retained as due by the Dece'd to him as this
Accomptant has them in particulars 2-4-6
Item - This Accomptant, Henry Young, prays allowance for the Time, Trouble, etc. in Administering etc.
and for Moneys retained as due to him as per Acco't. of particulars 4-17-10
By Moneys p'd to James Bellangee in part of a Legacy left to the S'd Ruth Pharo by the Dece'd as
appears by Rec't. taken to the Behoof of the Sd. James Pharo 3-14-0
Item - These Accomptants pray allowance for part of the price of a Heifer appraised at 1-7-0 but could
not be sold but 12 shillings 0-15-0
By Moneys paid at the Registers office for draw'g. and stating this account, auditing & passing the
same in Duplicate thereof – etc. the sum of 1-5-0
___________
Total 96-13-8 1/4
Item - This Accomptant William Smith chargeth himself with the Sum of 15 pounds, one shilling and
three pence, three farthings being the Ballance remaining in his Hands for Anthony Smith, Son of
the said Tho's. Smith, dece'd. 15-1-37 3/4
___________
111-15-0
The above Accompt is true to the Balance thereof in every particular and exhibited this Twentyeth Day of June A.D. 1741 by us, William Smith Henry Young'
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