WILL: Henry F. Swan; Galway, Saratoga co., NY surnames: Swan, Gear, Flagler, Frink submitted by Patricia S. Blackwell (shyswan @ adelphia.net) ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Transcribed by Patricia S. Blackwell, descendant of Henry's half brother William Swan. Saratoga County NY Will Book Volume 14, page 358 The last Will and Testament of Henry F. Swan deceased relating to both real and personal estate together with the proof thereof Recorded February 14, 1848. At a Surrogate Court held at the Village of Saratoga Springs in and for the County of Saratoga on the 14th day of February 1848. Present Jacob Hulbert Surrogate Be it remembered that heretofore to wit at a Surrogate Court held at the place for the County & before the Surrogate aforesaid on the 21st day of January 1848 Simon P.V. Swan of Galway & Isaac Frink of Milton in said County of Saratoga the Executors named in a certain Instrument dated the first day of January 1848 purporting to be the last Will and Testament of Henry F. Swan deceased relating to Real and personal estate appeared and offered said Instrument for probate and made satisfactory proof by affidavit which is now on file in said Surrogates Office that Said Henry F. Swan died on the fifth day of January 1848. That at the time of his death he was an inhabitant of the Town of Galway Saratoga County aforesaid. That he left no widow but that he left as his only heirs & next of kin Simon P. V. Swan one of said deponents Fanny Gear wife of William Gear of Albion Orleans Co. William Swan Mount Morris Livingston Co. Eliza Ann Swan of Galway Saratoga County all of full age and also Fanny Swan and Ann Mariah Swan who are minors but have each a General Guardian. That James Ladow Of Milton is the Guardian for the said Fanny and that William Flagler of the town of Stillwater is the General Guardian of said Ann Mariah and therefore a Citation was duly issued directed to the said heirs & next of kin (excepting the said Simon P.V. Swan) of full age and also to the General Guardian of said minors citing then & each of them to appear before the said Surrogate at his Office in the Village of Saratoga Springs in said County on the 14th day of February next at 10 O clock A.M. to attend the probate of said Instrument. And afterwards at a Surrogate Court held at the place for the county and before the Surrogate aforesaid on the 14th day of February 1848 the return day of said citation the said Executors again appeared & returned said Citation & made satisfactory proof of due & legal service of the same upon all the said heirs & next of kin and the said Guardians. And the said Executors named in the said Instrument made application to have the same proved and admitted to probate and no person appearing to oppose said application and thereupon the said Instrument having been produced and shown to the attesting Witnesses thereto the proof thereof was taken in the words & figures following to wit County of Saratoga - Surrogates Sourt In the matter of proving the last Will & Testament of Henry F. Swan, Deceased Saratoga County ssn Josiah Pulling and Hiram Denison 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 subscribing Witnesses to the last Will and Testament of Henry F. 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 on the first day of January in the year one thousand Eight hundred and forty eight. 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 Witnesses 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 & memory & was not under restraint to the knowledge or belief of these deponents. Subscribed and Sworn this Josiah Pulling 14th day of February 1848 Before me Hiram Denison Jnol 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 to devise Real Estate & not under restraint and the said Surrogate having moreover enquired particularly into the facts & circumstances and being satisfied of the genuineness & validity of the said Instrument and no objection being made thereto it is hereby ordered, adjudged and devised by said Court that the said Instrument be admitted to probate as the last Will & Testament of the said Henry F. Swan relating to both real & 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 Henry F. Swan of Galway County of Saratoga & State of New York being mindful of my mortality 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 & bequeath into my Brother Simon P. Vedder Swan seventy acres of land known as the Tomlinson Lot. being the South West part of the Farms formerly owned and possessed by Stephen Swan Deceased - Second - I give and bequeath to my Sister Elisa Ann Swan Sixty acres of land lying North of the aforesaid seventy acres lot and bounded North by the Highway leading to Yorks Corners and being also a part of the farm formerly owned by Stephen Swan deceased - And further I give to my said Sister Elisa Ann Swan one equal undivided half of my Interest in Ninety one acres of land lying North and South of the aforesaid Highway including the buildings. And it being also a part of the farm formerly occupied by Stephen Swan Deceased - And also one equal undivided half of my household furniture. And these Legacies to my Sister Elisa Ann Swan on the express conditions that she shall pay one half equaly (sic) of two certain Mortgages - one given to James Ladow for about one hundred and Eighty dollars and one given to George G. Scott Esqr for about the same a-mount including principle (sic) & interest - And further I give and bequeath all the residue of my real and personal Estate to my Brother Simon P. Vedder Swan on these express conditions that he pay all my Just debts not heretofore provided for - The lands & Tenements which I have herein bequeathed to my Brother Simon P. Vedder Swan and to my Sister Elisa Ann Swan. I intend to decend to them their Heirs and Assigns forever - And further the Legacies which I have herein given to my brother Simon P. Vedder Swan on these conditions that he shall provide good and sufficient & comfortable board for my Sister Elisa Ann Swan at his Table during the time she remains unmarried - And I do hereby appoint my Brother Simon P. Vedder Swan and my Uncle Isaac Frink Executors of the my last Will and Testament- In witness whereof I have hereunto set my hand & seal this first day of January in the year one thousand Eight hundred and forty Eight. Henry F. Swan L.S. The above instrument consisting of one sheet of paper was subscribed by Henry F. Swan the testator in the presence of Each of us. And ws at the same time declared by him to be his last Will Testament. And we at his request Sign our names hereto as attesting Witnesses. Josiah Pulling residing in Galway Saratoga Co Hiram Denison residing in Galway Saratoga Co I John C. Hulbert Surrogate of the County of Saratoga do certify the foregoing to be a true record of the last Will & Testament Of Henry F. Swan Deceased and of the proof thereof taken before me on the 14th day of February 1848 John Hulbert Surrogate