Julia Smith's Admeasurement of Dower

5th Great Grandmother Julia Smith filed a petition with the Orange County, New York Surrogate Court concerning dower rights she never received after the death of her husband, Henry Conkling Smith, on November 16, 1826.

This is a transcription of her petition dated May 7, 1827:

“The Petition of Julia Smith Widow of Henry C. Smith late of Calhoun in the County of Orange and State of New York deceased, Sheweth.

That your Petitioner was legally Married to the said Henry C. Smith in his life time that he the said Henry C. Smith her husband, died on the Sixteenth day of November in the year of our Lord one thousand eight hundred and twenty six. That he the said Henry Smith after the intermarriage between him and your petitioner and before the said day of his death, was seized in his demesne as of fee, of a certain tract of land situated lying and being in the Town of Goshen in said County of Orange described as follows to wit, Bounded on the south by the Lands of Stephen and John A. Smith the heirs son of Stephen Smith deceased and on the West by the road leading from Phillips Burgh to Goshen on the North by the lands of Doctor Egbert Jansen and on the East and South east corner by the land of John A. Smith son of the said Stephen Smith deceased, Containing thirty acres of land together with all the privileges and appurtenances thereunto belonging or in any wise appertaining; and your petitioner further shews that she has released her Dower in the aforesaid lands, and that Albert Foster now of Goshen aforesaid, is in possession of the aforesaid lands, with their appurtenances.

 Your petitioner therefore prays that an order may be made and entered by your Honor whereby three disinterested [ ? ] of the said County may be appointed to admeasure and lay off the dower of your petitioner in the said lands according to law.

And your petitioner will ever pray [?]

Dated May 7^th 1827

                                                                   her

                                                            Julia  X  Smith

                                                                  mark

To Wheeler Case Esq.

Surrogate of the County of Orange

 Witness to Signature

J. Chattle

Orange County Ss: Julia Smith the above named petitioner being duly sworn declares that the facts in the above petition by her subscribed are true.

Sworn before me
May 8th 1827

J. Chattle Justice of the peace

The land in question was a 30-acre tract in Goshen, Orange County, New York. That was a bit of a surprise to me as Henry and Julia Smith had left their Goshen home about 1800 to reside in the Town of Deer Park, Orange County, New York.

 As a matter of fact, on December 30, 1799, Henry Conkling Smith and his wife Juliana of the Town of Goshen sold a “certain lot in the Town of Goshen being the whole of the farm upon which Henry lived” to his brother Stephen Smith, also of the Town of Goshen. Stephen paid 693 Pounds for 77 and ½ acres. Henry and Julia acknowledged they executed the sale December 31, 1799, before John Steward, an Orange County Judge. The deed was not recorded in Court until June 16, 1809. [Orange County, New York Deed Book L, pages 255-256] And this is the only recorded deed I could find for Henry and Julia in Goshen.

 

Julia’s petition stated the location of the 30-acre tract was bound on the South by the deceased Stephen Smith’s son, also named Stephen. The parcel was adjoined on the east and southeast corner by John A. Smith, another son of the deceased Stephen Smith.

 

I do not know how Albert Foster came to own the land. Perhaps it was because of his family connection with John A. Smith who married Albert Foster’s daughter. Fortunately for Great Grandmother, Albert Foster complied willingly and quickly to honor her dower rights.

 

Two images from the petition and source are included below.

 

Citation: "Orange, New York, United States records," images, FamilySearch (https:// www.familysearch.org/ark:/61903/3:1:3Q9M-CSXJ-MCJK?view=fullText : May 30, 2025), image 490 of 821; New York. Surrogate's Court (Orange County). Image Group Number: 103014170

 

Henry Conkling Smith and Julia Vail Family, Precinct of Goshen, Orange County, New York

Henry Conkling Smith married Julia Vail May 9, 1783, at the First Presbyterian Church in Goshen, Orange County, New York. Caleb and Abigail Smith were Henry's parents and both living when he wed Julia Vail, daughter of Gilbert T. Vail and Hannah Arnot. 

Caleb Smith was a resident of Goshen Precinct, Orange County, New York. In his will probated June 18, 1784, Caleb named his eldest son Henry Conkling Smith to serve as an executor for his estate along with three others. He bequeathed land in Goshen to Henry Conkling Smith that he had purchased from Samuel Gale’s estate. He also stipulated that he wanted Henry to inherit building timber that had been cut and hewed from his pine and oak boards, so he would be able to build a house. Henry’s father also wanted him to get one third of the apples in his orchard too.

September 7, 1785, marked the birth of a son, Gilbert Smith, in Goshen, Orange County, New York. He married Penelope Caton, daughter of Elder John Caton and Deborah Barton in Romulus, Seneca County, New York.

Henry and Julia’s eldest daughter and my ancestor, Fanny Smith, born sometime between 1783 and 1790, married David Penny on November 14, 1805, in Orange County, New York. David Penny died September 15, 1860, at the Cortland County New York Poor House and was a widower at that date. The last date I could find Fanny (Smith) Penny in any document was a May 20, 1834, mortgage agreement with her husband and Samuel S. Seward of Florida, all of Orange County, New York [Mortgage Book 34, pages 289-292]. About 1839, the Penny family relocated to Virgil, Cortland County, New York.

A daughter, Christian Smith, also known as Christiana, was born about 1795 per the 1850 federal census for the town of Mount Hope, Orange County, New York.

Another daughter, Dolly Smith, was born about 1797. Dolly never married but she was well thought of in her community and had been a 50-year resident of Mount Hope, Orange County, New York.

A son, Caleb Smith, was born about 1799 in New York and died in 1870 at Vernon, Clinton County, Ohio. A Clinton County, Ohio Death Register recorded Caleb’s death date as June 10, 1870, and named his parents Henry C. Smith and Julia Smith.

Gilbert, Fannie, Christiana, Dolly, and Caleb Smith probably were all born in Goshen.

Henry Conkling Smith relocated the family to the Town of Deer Park, Orange County, New York by the time the 1800 federal census and 1800 New York State Tax Assessments were taken.

Elsa Smith was born about 1802 in Orange County, New York. The few facts I know about Elsey are based on the Mount Hope, Orange County, New York 1850 federal and 1855 New York State census. She was identified as Dolly Smith’s sister in the 1850 census.

Henry and Julia’s youngest daughter Harriet was born Dec. 28, 1804. She married Coe Conkling in 1828 and lived in Mount Hope, Orange County, New York.

52 Ancestors in 52 Weeks Challenge: Fanny Smith

Today I would like to tell you about Fanny Smith and the challenges I met while researching. I do not know Fanny’s birthdate but guess she was born sometime between 1783 and 1790 since her own parents, Henry Conkling Smith and Julia Vail, married March 9, 1783, in Goshen, Orange County, New York.

The 1790 federal census placed the family in Goshen. Henry Conkling Smith was often called Conkling Smith in documents, and this is how I found him in the 1790 census. The family consisted of six members: three males and three females. The males were Henry Conkling Smith, his eldest son Gilbert born in 1785, along with another male under the age of sixteen. The three females included Julia (Vail) Smith, daughter Fanny, and an unknown female.

By 1800, the Smith family had relocated to the Town of Deer Park in Orange County by the time the federal census was recorded.

Conkling Smirh Home in 1800 Deer Park, Orange County, New York:

1 Free White Males under 10 years: Son Caleb born ca 1799.

2 Free White Males of sixteen and under 26: Son Gilbert and unknown male

1 Free White Males of twenty-six and under 45: Father Henry Conkling Smith

3 Free White Females under 10 years:   Christian/Christinna, Dolly and unknown girl

1 Free White Females of ten and under 16: This could have been Fanny.

1 Free White Females of sixteen and under 26:    Or this could be Fanny.

1 Free White Females of 26 and under 45:  Mother Julia Vail Smith

Fanny married David Penney November 14, 1805, according to Edwin Tanjore Corwin’s book, ‘The Corwin Genealogy in the United States’, published in 1872. David Penney’s mother was a Corwin. Just so you know, this genealogy did not cite sources, and I cannot say I am convinced the marriage date is accurate.

I am also assuming Fanny and David wed in Orange County, New York. Since Fanny married David Penney in 1805, I looked for her with her husband in the 1810 federal census. It was disappointing when I was not able to distinguish Fanny’s husband, David Penney, from his father David Penney.

It was not until 1820 that I located David Penny Junior in the 1820 Wallkill, Orange County, New York federal census.

Name David Penney Junior      

Enumeration Date           7 Aug 1820

Home in 1820 (City, County, State)   Wallkill, Orange, New York, USA

1 Free White Persons - Males - Under 10    Perhaps this is Lewis Penny. David lived in Lewis Penny's household in 1850.

1 Free White Persons - Males - 26 thru 44    David Penny

3 Free White Persons - Females - Under 10    Esther and Abigail are David and Fanny's documented daughters. 3rd female unknown

1 Free White Persons - Females - 10 thru 15     unknown

1 Free White Persons - Females - 26 thru 44  Fanny (Smith) Penny

1 Number of Persons - Engaged in Agriculture  David Penny

5 Free White Persons - Under 16    Esther and Abigail; possibly Lewis Penny and two others

2 Free White Persons - Over 25   Parents

7 Total Free White Persons

7 Total All Persons - White, Slaves, Colored, Other

The Penney family was enumerated in the 1825 New York State Census in Calhoun, Orange County, New York—two males and six females. Fanny was counted as the one married female under the age of 45 years. One unmarried female between the age of sixteen and forty-five lived in the home. Four unmarried females under sixteen years old were part of the household. Two males rounded out the David Penny residence.

I could not tell whether the 1830 census entry I found for David Penney in Calhoun was Junior or Senior.

The 1835 New York State Census recorded David Penney’s family in Mount Hope, Orange County, New York. He was not called Junior, but I know it to be so because his father died in 1834. That same year David and Fanny Penny mortgaged their land to Samuel Seward in Orange County, New York.

David acquired land in Virgil, Cortland County, New York in 1839. He later sold the land, but Fanny was not named in the document. An1841 deed began, “David Penney of Virgil County of Cortland of State of New York and his wife of the first part and Augustus E Hibbard of the Town County & State aforesaid of the second part …”. Was this Fanny or a later wife?

Fanny qualified as my Overlooked Ancestor in my Jan. 24, 2025, blogpost. You can view it here. And today she again makes her presence in the challenging category.

Overlooked Ancestor: 4th Great Grandmother Fanny Smith, married David Penny November 14, 1804, Orange County, New York

Amy Johnson Crow’s ‘52 Ancestors in 52 Weeks Challenge’ prompted readers to write about an overlooked ancestor. Fourth Great Grandmother Fanny (Smith) Penny came to mind. She was not overlooked because I ignored her. I thought of her often and would try periodically to learn more about her. I simply could not find any new leads until the morning I found her daughter Esther using FamilySearch full text search.

Quite by accident I found Dolly Smith’s will on familysearch.org never expecting to find my Third Great Grandmother Esther (Penny) Bennett in the document.

The only information I knew about Grandmother Esther’s mother came from her death certificate revealing her mother was Fannie Smith born in the Town of Goshen, Orange County, New York, and her father David Penny from the Town of Mount Hope, also of Orange County.

In Dolly Smith’s will written January 1, 1874, she bequeathed money to her niece and my Third Great Grandmother Esther Bennett, wife of Alvi Bennett. At last, I found a sister for my Fanny Smith.

Dolly Smith’s will provide the names of six legatees--three nephews and three nieces. Two of the nephews, Coe, and Gilbert Smith, were sons of Dolly and Fanny’s brother, Gilbert Smith. The third nephew, Coe Conkling, was a son of Dolly and Fannie’s sister, Harriet (Smith) Conkling. The nieces Cornelia Conkling and Mrs. Harriet Field were also children of Harriet (Smith) Conkling.

I found Dolly in the 1850 federal census in a home with Christina and Elsa Smith living in Mount Hope, Orange County, New York. Christina was the eldest at 55 years of age, Dolly 53 years old, and Elsa 48 years of age. Two of the Conkling children were living with their aunts. The 1855 New York State census identified Dolly and Elsey as sisters dwelling in Mount Hope. Even though the 1850 census did not record Christina as a sister to Dolly and Elsa, I am confident that she is.

The FamilySearch full-text search was good for me again. I located Gilbert Smith in a will prepared by his Uncle Joshua C. Smith August 1, 1816. Joshua C. Smith of the Town of Goshen, Orange County, New York gifted his nephew Gilbert Smith, son of Henry C. Smith, all his personal property after his debts were paid. He also wanted his nephew to receive all the land he was due for his service during the War of 1812 for which he did not yet have a warrant.

Once I located the father of the Smith siblings, it was not long before I found the mother. Henry Conklin Smith married Juliana Vail March 9, 1783, per the First Presbyterian Church, Goshen, New York records.

I even learned of another sibling. Caleb Smith was born about 1799 and migrated to Ohio. A Register of Deaths for Clinton County, Ohio records his death on June 10, 1870, and names his parents Henry C Smith and Julia Smith.

I am pleased that I found six siblings for Fanny as well as her mother and father.

James A. McFall and his Remarkable Chicken, January 6, 1887, Augusta County, Virginia

 

The January 6, 1887, issue of the Valley Virginian published in Stanton, Virginia mentioned James A. McFall and his chicken in their column the 'Mt. Sidney Items':

   "Mr. James A. McFall is the owner of the oldest hen probably in the county. Her age is not exactly known, but twenty-three or twenty-four years ago she was traveling around with a brood of young chickens, and, with the exception of the last two years, she has continued to raise one or two broods every year since. The last two seasons she has curtailed her egg supply considerably, both in size and number of specimens, not producing more than half a dozen each season and not larger than partridge eggs. She still sings as lively as most young hens, but her voice is somewhat tremulous with age."