WILL: Joseph Swift;  Ledyard, Cayuga co., NY 
surname: Swift, Basset, Nye, Beardsley, Wright

submitted by Sheila Strickland (slstrick at verizon.net) 
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Submitted Date: April 8, 2005
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Source: sampubco.com
Cayuga Co, Ny Will Book Vol A2 Pg 455-459
Written: August 10, 1832
Recorded: November 10, 1832

To the Surrogate of the county of Cayuga

The petition of Anna Swift and Joseph P. Swift of the town of Ledyard in said
county respectfully sheweth:

That Joseph Swift late of the town of Ledyard aforesaid, departed this life on
or about the fourteenth day of August in the year one thousand eight hundred
and thirty two; that the said deceased was, at the time of his death an
inhabitant of the said county of Cayuga; that he made a last Will and
Testament and therein appointed your partitioners Executrix and Executor
thereof; that the said deceased left the following his next of kin to wit:
your petitioner, Anna Swift, his widow, Seth Freeman Swift who resides in the
town of Nantucket in the State of Massachusetts, Abigail Basset, widow of
Thomas Basset, late of Ledyard, deceased, Excey, the wife of Daniel Nye of the
town of Sandwich in the State of Massachusetts, Harriet Beardsley of Ledyard
aforesaid, your petitioner Joseph P. Swift, James F. Swift of the town of Ovid
in the county of Seneca, John F. Swift of the town of Venice in the county of
Cayuga, Thomas H. Swift of the said town of Ledyard and Ann M. the wife of
Stephen Wright of the said town of Ledyard.

That your petitioners are desirous of proving the said last Will and
Testament, as a will of personal estate, and that the same may be admitted for
probate, and they pray, that citations may issue to the said nextof kin,
according to the Statute in such case made and provided in.
 
Dated Nov. 10th 1832    (signed)    Anna Swift     Joseph P. Swift
 
Cayuga county, Anna Swift and Joseph P. Swift the above petitioners being
sworn, say, that the facts in the above petition stated are true to the best
of their knowledge and beliefs.
Sworn before me this                        (Signed)   Anna Swift
10th day of Nov 1832                                   Joseph P. Swift
            (signed)  J.Porter, Surrogate
 
At a Surrogate's Court held at the Surrogate's Office in the village of Auburn
in and for the county of Cayuga, on the first day of December in the year of
our Lord, one thousand eight hundred and thirty two, before John Porter,
Surrogate of the said county, a certain instrument in writing was then and
there propounded as and for the last Will and Testament of Joseph Swift late
of the town of Ledyard in said county, now deceased, and was offered for proof
as a will of personal estate by Anna Swift and Joseph P.Swift, Executrix and
Executor named therein and thereupon the following dispositions were taken.
  
In the matter of the probate of the last Will and Testament of Joseph Swift,
dec'd, Cayuga, 

Philander Rathbone of the town of Ledyard in the county of Cayuga, being sworn
in open court, testifies and says, that he was well acquainted with Joseph
Swift, late of the town of Ledyard aforesaid, now deceased, that he was
present at the time when a certain instrument in writing which is now shown to
this deponent and which purports to be the last Will and Testament of the said
Joseph Swift and is dated the tenth day of August in the year of our Lord one
thousand eight hundred and thirty two, was executed; that he this deponent,
saw the said deceased sign and execute the said instrument in writing by
making his mark to the same; that he heard the said deceased publish and
declare the same to be his last Will and Testament; that the said deceased
requested this deponent to become a subscribing witness to the execution
thereof; that he did so and signed his name as such witness in the presence of
the said deceased, that he the said deceased was, at the time of a sound mind
and memory and in all respects competent to make a last Will and Testament;
that he was of full age and under no restraint.
Sworn before me this                        (signed) Philander Rathbone
1st day of December 1832
            (signed) J. Porter, Surrogate
 

In the matter of the probate of the last Will andTestament of Joseph Swift,
dec'd, Cayuga, 

Eliphalet Jones of the town of Ledyard in the county of Cayuga, being sworn in
open court, testifies and says, that he was well acquainted with Joseph Swift,
late of the said town of Ledyard, now deceased, that he, this deponent was
present at the time when a certain instrument in writing which is now shown to
this deponent and which purports to be the last Will and Testament of the said
Joseph Swift, deceased and is dated the tenth day of August in the year of our
Lord one thousand eight hundred and thirty two, was executed; that he saw the
said deceased sign and execute the said instrument in writing by making his
mark to the same; that he heard the said deceased publish and declare the same
to be his last Will and Testament; that said deceased requested him to become
a subscribing witness to the execution thereof; that he did so and signed his
name thereto as such witness in the presence of the said deceased, that he the
said deceased was, at the time of a sound and disposing mind and memory and in
all respects competent to make a last Will and Testament; that he was of full
age and under no restraint.
Sworn before me this                         (signed)   Eliphalet Jones
1st day of December 1832
            (signed) J. Porter, Surrogate


In the matter of the probate of the last Will andTestament of Joseph Swift,
dec'd, Cayuga, 

Alfred Farnum of the town of Ledyard in the county of Cayuga, being sworn in
open court, testifies and says, that he was well acquainted with Joseph Swift,
late of the town Ledyard aforesaid, now deceased, that he, this deponent, was
present at the time when a certain instrument in writing which is now shown to
this deponent, and which is dated the tenth day of August in the year of our
Lord one thousand eight hundred thirty two and which purports to be the the
last Will and Testament of the said Joseph Swift deceased was executed; that
he saw the said deceased sign and execute the said instrument in writing by
making his mark to the same and heard him publish and declare the same to be
his last Will and Testament; that the said deceased requested him to become a
subscribing witness to the execution thereof; that he did so and signed his
name as such witness in the presence of the said deceased, that he the said
deceased was, at the time of a sound and disposing mind and memory and in all
respects competent to make a last Will and Testament; that he was of full age
and under no restraint.
Sworn before me this                      (signed) Alfred Farnum
1st day of December 1832
            (signed) J. Porter, Surrogate
 
 
In the matter of the probate of the last Will andTestament of Joseph Swift,
dec'd             Cayuga, Anna Swift of the town of Ledyard in the county of
Cayuga, being sworn says that she is the widow of Joseph Swift, late of the
said town of Ledyard, now deceased, that after the instrument in writing,
referred to in the preceding depositions, was executed; the said deceased
requested her, this deponent, to take the same and keep it carefully until
after his death; that she received the same and kept it in her custody until
the time when it was brought to the said Surrogate for proof; that she has
examined it this day and that she can discover no alterations therein, since
the time she so received it aforesaid, nor does she know or believe that any
such have been made. 

Sworn before me this                        (signed) Anna Swift
1st day of December 1832
            (signed) J. Porter, Surrogate
 
 
The last Will and Testament of Joseph Swift of Ledyard, Cayuga county in the
state of New York:  Considering the uncertainity of this life,and being of
sound mind and memory, I do make and publish this my last Will and Testament
in manner and form following, (that is to say/

Firstly; I give and bequeath to each and every one of my children the sum of
one dollar to each one; their names are Seth Freeman Swift, Abigail Basset,
Excey F. Nye, Harriet Beardsley, Joseph P. Swift, James F.Swift, John F.
Swift, Thomas H. Swift and Ann M. Wright.

Secondly; To my beloved wife Anna, I give, bequeath and devise the remainder
of my estate.

Thirdly; Provided my beloved wife should depart from this state of existence
before she expends what I now hereby will to her, then in such case, it is my
desire and will, that the remaining part of any, so left unexpended after the
decease of my wife, that the same should be equally divided between my sons
and daughters above named.

Fourthly; I appoint my beloved wife Anna, Executrix and my son Joseph P.
Swift, Executor of this my last Will and Testament.

In witness whereof I have hereunto set my hand and seal the tenth day of
August in the year of our Lord one thousand eight hundred thirtytwo.

                                              his
            (signed)   Joseph  X   Swift
                              mark
                                      
Signed, Sealed, published and declared by the above named Joseph Swift to be
his last Will and Testament in presence of us who have hereunto subscribed our
names as witnesses in the presence of the testator.
      (signed)               Philander Rathbone, Ledyard, Co Cayuga
                                Eliphalet Jones, Ledyard, Co Cayuga
                                Alfred Farnum, Ledyard, Co Cayuga
 
 
I hereby certify that the preceding is a true record of the proceedings,
proofs and examinations taken in the matter of the probate of the last Will
and Testament of Joseph Swift,deceased, and of said Will and that the same
were recorded on the twenty second day of December in the year of our Lord one
thousand eight hundred and thirty two.
                                                                               
Jno Porter, Surrogate