WILL: Gilbert Swan; Galway, Saratoga co., NY Surnames: Swan, Boss, Tripp, Jones, Coleman submitted by Patricia S. Blackwell (shyswan @ adelphia.net) ************************************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** The will of GILBERT SWAN of Galway, Saratoga County NY 1847 Transcribed by Patricia S. Blackwell, descendant of Gilbert's brother Stephen Swan. Saratoga County NY Will Book Volume 14, page 257 The last will and testament of Gilbert Swan deceased relating to both Real and personal Estate together with the proof thereof made August 8, 1847. At a Surrogate Court held at the Village of Saratoga Springs in and for the County of Saratoga on the 9th day of August 1847 Be it remembered that heretofore to wit at a Surrogates Court held at the place for the County and before the Surrogate aforesaid on the 7th day of July 1847 Joshua Swan & John S. Jones of said County two of the Executors named in a certain instrument dated June 28, 1847 purporting to be the Last Will and Testament of Gilbert Swan Deceased relating to both Real and personal Estate appeared and offered said instrument for brobate (sic) & made satisfactory proof by affidavit which is now on file in said Surrogates Office that the said Gilbert Swan died on the 28th day of June 1847 that at and for sometime previous to his death he was an inhabitant of the town of Galway in the County of Saratoga that he left a widow whose name is Esther Swan who resides in the town of Galway and also seven children. sons and daughters. as follows. Eliza Boss wife of David Boss. William H. Swan of the town of Lyons Wayne Co. New York. Harriet Tripp wife of James Tripp Jun. of Galway. Luke W. Swan of Plainfield Will County State of Illinois. Mary Jones wife of John S Jones of Milton. Isaac Swan of Glens Falls Warren County. Lucinda Coleman wife of Seymour Coleman of Broad Albin Fulton County his only Heirs & next of kin. and that all of said persons are of full age and thereupon a Citation was duly issued by said surrogate directed to each of said heirs and next of kin and to the Husbands of such of the Women as are married citing them and each of them to appear before said Surrogate at his Office in the Village of Saratoga Springs on the 9th day of August 1847. at 10 O clock A.M. to attend the probate of said instrument - And afterward to wit at a Surrogates Court held at the place for the Court and before the Surrogate aforesaid on the 9thday of August 1847 the Executors named in said Will appeared and returned said citation & made satisfactory proof by affidavit of the due and Legal service of the same upon all the persons to whom the said Citation was directed and the said Executors made application to have said instrument proved and admitted to probate and no person appeared to oppose said application and thereupon on filing said Citation and proof of service the said instrument was produced and shown to the attesting Witnesses whose deposition is hereinafter recorded and the proof thereof was taken in the words and figures following to wit. County of Saratoga Surrogates Court In the matter of proving the last Will Saratoga County and Testament of Gilbert Swan Deceased Josiah Pulling and James Caldwell of the Town of Galway in the County of Saratoga being first duly sworn in open court on their oaths do depose and say. that they are subcribing Witnesses to the last Will and Testament of Gilbert Swan late of the Town of Galway in the County of Saratoga aforesaid deceased. and these deponents further say that the said deceased did in the presence of these deponents subscribe his name at the end of the instrument which is now shown to these deponents and which purports to be the last Will and Testament of the said Deceased and which bears date of the 28th day of June in the year one thousand Eight hundred and forty seven. That the said Deceased did at the time of subscribing his name to said Instrument as aforesaid . declare the same to be his last Will and Testament. that these deponents did thereupon subscribe their own names at the end of said instrument as attesting Witnessses to the execution thereof at the request of the said deceased and in his presence. and in the presence of each other That the said deceased at the time of subscribing his name to said instrument as aforesaid was upwards of twenty one years of age. that he appeared to be of sound mind and memory and was not under restraint to the knowledge or belief of these deponents. James Caldwell. Josiah Pulling Subscribed and Sworn this 9th day of August 1847 Before me. Jno. C. Hulbert Surrogate And thereupon it appearing upon the proof so taken that the said Instrument was duly executed and that the Testator at the time of executing the same was in all respects competant (sic) to devise Real Estate and not under restraint. And the said Surrogate having moreover enquired particularly into the facts and circumstances. and being satisfied of the genuineness and validity of the said Instrument & no objection being made thereto it is hereby Ordered adjudged and decreed by Said Court that the said Instrument be admitted to probate as the last Will & Testament of the said Gilbert Swan deceased relating to both real and personal estate and it is further ordered that the said Will be recorded together with the proof thereof which said proof is herein before recorded. And the said Will is in the words and figures following to wit (Will) I Gilbert Swan of Galway County of Saratoga and State of New York considering the uncertainty of this mortal life and being of sound mind and memory do make and publish this my last will and Testament in manner and form following - First I give and bequeath unto my beloved wife Esther Swan Six hundred and fifty Dollars together with the following articles of household furnature (sic). being the same that the said Esther Swan brought with her after our marriage, Viz. Two Feather Beds, eighteen pair linen and two pair of Cotton Sheets, Thirty pair of Piller (sic) Cases, Four pair flannel Blankets, Five Calico Bed quilts. Thirteen fancy Chairs, One hearth Rug One Mahogany Bureau and some Crockery which said Legacy gives to my said wife as aforesaid I hereby declare is intended to be and is so given to her in full satisfaction and recompense of and for her Dower and thirds which she may or can in anywire (sic) claim or demand out of my Estate - After paying the Legacy above named and paying my Just debts I give and bequeath the rest and residue of my Real and personal Estate equally to my seven children, viz. Eliza Boss, Lucinda Y Coleman, Harriet Tripp, Luke W. Swan, William H. Swan Mary Jones and Isaac Swan with the following exceptions. viz. Two hundred dollars to be taken from the Share of Luke W. Swan and one hundred dollars to be taken from the Share of William H. Swan and the said sum of two hundred dollars and one hundred dollars to be divided equally between the remainder of my said Children named as aforesaid Share and Share alike - And further I do hereby constitute and appoint my Son in Law John S. Jones Executor of this my last Will and Testament. In witness whereof I have hereunto set my hand and seal this twenty eight day of June in the year one thousand and Eight hundred and forty seven. Gilbert swan L.S. The above Instrument consisting of one sheet of paper was subscribed by Gilbert Swan the Testator in the presence of each of us and was at the same time declared by him to be his last Will and Testament. And we at his request sign our names hereto as attesting Witnesses Josiah Pulling of Galway Saratoga County James Caldwell of Galway Saratoga County I John C. Hulbert Surrogate of the County of Saratoga do hereby certify the foregoing to be a record of the last Will & Testament of Gilbert Swan Deceased & of the proof thereof taken before me on the 9th day of August 1847 Jno C Hulbert