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