WILL: Johsua Swan; Milton, Saratoga Co., NY Submitted Oct 2002 by Patricia S. Blackwell (shyswan@adelphia.net) ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.org *********************************************************************** Transcribed from SAMPUBCO copy by Patricia Blackwell and Elizabeth Dill, descendants through sons Stephen and Amos. Saratoga County NY Will Book Volume 1A, page 26 The will of JOSHUA SWAN of Milton, Saratoga County NY 1803 In the name of God, Amen. I Joshua Swan of the town of Milton in the County of Saratoga and state of New York being weak in body but of sound and perfect mind and memory thanks be given unto God. Call to mind the mortality of my body and knowing that it is appointed for all men once to die do make and ordain this my last will an testament (ie) first and principally of all I give and recommend my Soul into the hand of Almighty God that gave it, and my body I recommend to the earth to be buried in a decent Christian burial at the discretion of my executors. And as touching such worldly estate where with it hath pleased God to bless me in this life after all my just debts and charges are paid and discharged out of the fame I give demise and dispose of the remainder in manner and form the following (viz): First, I give and bequeath to Martha my dearly beloved wife one third part of my dwelling house which I now occupy and one third part of the use of my other buildings standing on the farn which I now live on also one third part of the use of my said farm during her life also one third part of all my moveable effects both in doors and out, also one black slave named Kate whilst she my said wife shall live and after her decease I give her, her freedom, also that my sons Joshua and Stephen pay to my wife Martha yearly and every year after my death during her natural life three bushels of wheat and three bushels of corn each. Secondly I give and bequeath to my oldest son Joshua Swan Junior one equal half of my grist mill standing on the creek commonly known by the name of Kayaderosseras creek with one equal half of the mill house and mill yard also the one equal half of all the wood lands lying south of the middle said, also one half of all my past and privileges of a saw mill standing on the above creek. Thirdly I give and bequeath to my second son Adam Swan one equal third part of my said farm and buildings which I now possess. Fourthly I give to my third son Peleg Swan one hundred and twenty five Dollars to be paid by my son Joshua Swan Jun. within one year after my decease. Also I give to my son Peleg my black boy named Nero as a slave during the pleasure of him the said Peleg. Fifthly I give and bequeath to my fourth son Stephen Swan the one equal alf of my grist mill before mentioned with the mill house yard and utensils belonging to the said mill, also the one half of the woodlands lying south of the above creek, also one equal half of my part and privileges of the above Sawmill. Sixthly I give and bequeath to my fifth son Gilbert Swan the one third part of my farm and buildings which I now possess. Seventhly I give and bequeath to son Amos Swan all the lands which belong to the lot which I purchased of Wm Hewitt, which I have not previously disposed (of), five hundred dollars when he the Amos shall arrive at age of twenty one years to be paid as follows (viz) two hundred fifty dollars to be paid by my son Joshua Swan and two hundred fifty dollars to be paid by my son Stephen Swan also (one) colt which is now on the farm, also my desk. Eightly I give and bequeath to my eldest Daughter Prudence Williams eighteen Dollars to be paid in one year after my decease by my Executors out of my moveable effects. Ninthly I give and bequeath to my second daughter Martha Swan two hundred and fifty Dollars to be paid in one year after my decease out of my moveble effects --- there is sufficient and if not to be paid by the said Adam Swan with one third part of the indoor movables as a part of the two hundred and fifty Dollars also a privilege of having and making --- house their home as long as she remains single. Tenthly I give and bequeath to my third daughter Phebe Swan the one third (part of) my movable effects and money enough to make out --- of two hundred and fifty Dollars to be paid in one year after my decease out of my out door moveable effects if sufficient and --- to be paid by my son Gilbert Swan. Elevently I give and bequeath to my grandson William Swan one hundred and twenty --- Dollars to be paid by my son Stephen Swan when he shall arrive (at) the age of twenty one years and lawful interest to be paid --- one year after my decease also the one half of my wearing apparel be divided by his grandmother Swan furthermore I give and bequeath to my two sons Adam and Gilbert Swan the one third of my farm after the decease of my wife, which third part was bequeathed to her during her life, furthermore the use of the lands which I bequeath to my son Amos I give my son Adam until the said Amos shall --- at the age of Twenty one years, furthermore if there is any --- moveable effects after my debt charges and Legacies are paid I --- have an equal division of the same amongst all the heirs to this my last --- except Joshua and Stephen Swan. Lastly I do appoint Martha my wife and Adam Swan my son Executrix and Executor to this my last will and testament hereby revoking all former will by me made. In witness whereof I have hereunto set my hand and seal this fifth day of October in the year of our Lord one thousand eight hundred and three. Signed Sealed and declared to be the last will and testament of the above Joshua Swan signed in the presence of us Nathan Green Christopher Hewit Joshua Swan { L.S. } his William X Edwards Jun. mark I do certify that the foregoing is a true copy from the original of an extract from the minutes of the Court examined and compared the same the nineteenth day of April in the year of our Lord one thousand eight hundred and four. S. C. Baldwin Clk.