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.
And your petitioner will ever pray [?]
Dated May
7th 1827
her
Julia X Smith
mark
To Wheeler Case Esq.
Surrogate of the County of Orange
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.
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.