Monday, October 5, 2015

Amanuensis Monday - Post #288: 1731 Will of John Smalley (1644-1732) of Piscataway, N.J.

Genea-blogger John Newmark (who writes the excellent  TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday."  John offers this definition for "amanuensis:" 

"A person employed to write what another dictates or to copy what has been written by another."

The subject today is the 1731 will of John Smalley (1644-1732) of Piscataway, Middlesex County, New Jersey:

[page 408, image 437, right-hand page of image]

[page 409, image 438, left-hand page of image]

The transcription of the will and accompanying probate records is (transcribed line by line):

 [page 408]

In the name of God Amen the thirteenth
Day of September in the year of our Lord God One thousand
Seven hundred and thirty one I John Smaley of Piscatuoque in
the County of Middlesex and Province of East New Jersey Yeo=
man being weak in body but of Sound and perfect mind and
memory thanks be given unto God therefor 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 Recomend
my Soul into the hands of God that gave it and as for my Body
I Recommend it to the Earth to be buried in a Christian like and
Decent manner at the Decretion of my Executors hereafter to be men-
tioned nothing Doubting but at the general Resurrection I Shall
receive the Same again by the mighty power of God and as touching
such worldly Estate wherewith it hath Blessed God to bless me in
this life I give Devise and Dispose of the Same in the following
manner and form. Imprimus my will and pleasure is that
all my Just and lawful Debts Should be payed that Shall by
me be owen at the time of my Disceas out of my moveable
Estate. Item I give to my Son Jonathan Smaley his heirs &
assigns for Ever all that Tract of Land whereon he now liveth
and five acres of Salt meadow which I bought of Hezekiah
Bonham. Item I give to my Son Jonathan all my
Wearing Apparel and one Trammel and my Hilyards the great
Chair and bolt. Item I give to my Son Elisha Smaley his heirs
and assigns for Ever all that Tract of Land which I bought
formerly of Joseph Gilmon whereon he now lives and that tract
of Salt meadow which formerly I bought and took up by Pattent.
Item I give unto my Son Elisha my Gun one broad ho one
Ring and Steaple and my hallow ads and All my Coopers tools
and froo. Item I give and bequeath unto my Son Benjamin
Smaley his heirs and assigns for Ever my house and home
Plantation whereon I now Dweel together with all my lands
adjoyning thereunto Also all that Tract of meadow which I
bought of Benjamin Cull and now known by the name of Dotyes
Point. Item I give unto my Son Benj'n Smaley my Cart & my
Plow and all my plow tacking and all the rest of my tools.

[page 409]

Item I give and bequeath unto my Dear beloved Wife Liddia
Smaley the rest of my personal Estate after my Debts and
funeral Charges be paid But it is my Will and pleasure for
Sundry good Causes ??? thereunto moveing that what what I give
to my Wife Should remain in the hands of my Executors & that
they Should hand it to my Wife as they should Se her have Ocation
for the Same and if any be left after my Wife's Decease my
Will and pleasure that it Should be eqally Divided amongst
all my Daughters and Daughtering Laws And Lastly I make
ordain Constitute and Appoint my Son Jonathan Smalley &
my Friend Benja'n Stelle Executors of this my last Will &
Testament and I do hereby Revoke make Void and Null
all former Wills and Testaments made by me and I do Declare
this to be my last Will and Testament. In Wittness whereof
I have hereunto Set my hand and fixed my Seal the Day &
Date above written.                                             His
Signed Sealed Declared & Published  }      John Js Smally {seal}
by the Testator to be his last Will and }            mark
Testament in the presents of us           }             her
       William Hooks Samul Slater      Eliesebeth + Garner

Perth Amboy May 25'th 1733 Then personally Came &
appeared before me Thomas Bartow Surrogate duly Delegated
William Hooks and Samul Slater two of the Subscribing Evidences
to the within Written will who being Sworn on the holy Evangelists
of Allmighty God did Depose that they were present and saw
the withing named John Smalley Sign and Seal and heard him
publish pronounce and Declare the within Writeing to be his
last Will and Testament and that he was at the same time
of Soun mind and memory as far as they know or believed
and that the other Evidence Signed it as Such in the presence
of them and of the Testator. Sworn before Tho's Bartow

Perth Amboy May 25'th 1733 Then personally Came
before me Thomas Bartow Surr Jonathan Smalley & Ben=
jamin Stelle the Executors in the within Will named and
Appointed who quallifyed themselves being duly Sworn to
the performance thereof before Tho's Bartow Surr.

The source citation for this record is:

New Jersey Surrogate's Court, Middlesex County, Wills, Liber B, pages 408-409, John Smaley will, 1731; "New Jersey, Wills and Probate Records, 1656-1999," digital images, ( accessed 7 September 2015, images no longer available); citing original data from New Jersey County, District and Probate Courts.

John and Lydia (Martin) Smalley had 10 children, and at least four of them (Lydia, John, John, Lydia) died before 1700, and another (Martin) probably died before 1731.  Jonathan, Elisha and Benjamin  outlived their father, as did two married daughters, Martha (married Caleb Balding) and Phebe (married Ephraim Dunham).  

The will of John Smalley names his wife "Liddia" and his three sons, Jonathan, Elisha and Benjamin, and grants real property to each of them.  The surviving daughters of John Smalley are not named.

My ancestry is through Phebe Smalley (1695-????) who married Ephraim Dunham (1696-????) in 1715 in Piscataway, New Jersey.

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