WILL: Nicholas Swart; Schenectady, Schenectady co., NY surname: Swart, Vedder submitted by Heidi Crawley (hacrawley @ juno.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: July 22, 2004 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 10.5 Kb ************************************************ Source: Sampubco photocopy Schenectady co NY Will Book Vol. B page 77 Written: June 15 1818 Recorded: March 23 1825 The last will and testament of Nicholas Swart, in the name of God amen. I Nicholas Swart of the city & county of Schenectady and state of New York considering the uncertainty of this mortal life and being of sound and perfect mind and memory blessed be almighty God for the same do make and publish this my last will & testament in manner and form following. Firstly, I devise unto my son, Harmanus Swart the house & homestead where he now lives and dwells to be described as follows: bounded to the lowest Cherry tree near the ditch at a stone set in the ground, and to extend easterly until a large Butter Nut tree marked on the west side with two notches and a blaze and standing near the barn yard and to extend so as to take in all the ground between said bounds and certain Christian Flaverly's boundary until the creek or inlet near Hank in Weye as also said pasture distinguished used by the name of Hank in Weye the whole including within said bounds being about nineteen acres be the same more or less to hold unto him my said son Harmanus and to his heirs and offspring forever. Secondly, I devise unto my son Simon Swart all the rest near due of the homestead where I now live bounded southerly by the bounds herein devised to my son Harmanus of homestead with all the buildings erected thereon and northerly by the bounds of my son, Adam's bounds as part of the orchard acres all to the stones set in the ground intended for the boundaries of the same, as also a certain piece of land containing twenty four acres of land out of a piece of land of which I am possessed and sized of forty acres of land the residence of said piece being sixteen acres here in devised unto my two sons Adam & Jacob Swart to hold unto him my said son Simon Swart and to his heirs and offspring forever. Thirdly, I devise unto my two sons Simon Swart & Harmanus Swart an improved piece of ground as it now lies containing about nine acres between the grove out of the piece containing twenty nine and a half acres the nine acres of the said Simon and Harmanus and to their heirs and offspring forever. The residence of said piece being about twenty acres and a half I devise to my four sons namely Simon, Harmanus, Adam & Jacob and to their heirs and offspring forever. Fourthly, I devise unto my two sons Harmanus Swart and Jacob Swart my piece of ground containing about eight acres where the new Hay house is erected on to hold unto them my said two sons Harmanus & Jacob & to their heirs and offspring forever excepting that my two sons Simon & Adam & their heirs shall be entitled to the use of half the said Hay house or barn with free ingress and egress there to with wagons sleighs & horses while the said Hay house or barn lasts and remains theirs. Fifthly, I devise unto my son Jacob Swart two lots of ground the one being on the southerly bounds of the land or pasture ground of John Barheyoff at a large stone there put in the ground and the other is the meadow takes its beginning at the southeasterly corner of the homestead where Adam Swart lives on at a stone there put in the ground and are particularly described in the field notes of the record Lots of Land. The testator has had surveyed for his sons on the tenth day of June 1818 by Iasias Swart esquire surveyor as by the said Field Book on notes reference being there unto has many more fully appears and the bounds of the aforesaid two lands more particularly distinguished to hold the aforesaid two lots unto my said son Jacob and to his heirs and offspring forever. Sixthly, I devise unto my two sons Adam Swart & Jacob Swart the piece of land herein after described beginning at the distance of ninety five links on a course of 3'4 n 40 W from a young white oak tree standing on the southeasterly side of the land that leads from Nicholas Swart's the testators old orchard to the common lands of the people of the City of Schenectady and runs further as described by its notes and bounds in the field notes or book made & surveyed by Iasias Swart esquire on the tenth of June 1818 and containing sixteen acres of land as heretofore mentioned in the preceding part of this will so holds unto them my said two sons Adam & Jacob & to their heirs & offspring forever. Seventhly, I devise unto my son Adam Swart two lots of ground the first is where he lives on being the homestead takes its beginning on the northwesterly side of the creek commonly called Acorn Makers Creek at a stone put in the ground at the division fence of the said Adam Swart & John Walton which said stone stands near the bridge which lays across the said creek the second of which piece is part of the orchard and being at the southeasterly corner of the homestead & orchard of Jacob Swart and runs 19=EC2=24 links to a large stone there put into the ground & both the said pieces are described by the notes and bounds in the field notes or book above referred to made by Iasias Swart esquire including in one of said pieces as aforesaid a conveyance made by the testator and drawn by Isaac DeGraff as from the same may appear to hold unto him my said son Adam and to his heirs and offspring forever. Eighthly, all the rest and residue of my flats or low lands heretofore not devised I here by devise unto my two sons Simon Swart & Harmanus Swart to hold unto them my said two sons Simon & Harmanus & to their heirs and offspring forever. Ninthly, I bequeath my house clock to my grandson Nicholas son of my son Simon and to his heirs and offspring. Tenthly, I order my son Simon Swart for what I have devised unto him to pay each of my daughters Gertrude and Mary or their heirs or offspring one hundred dollars unto each of them which makes two hundred dollars in the whole within five years after my decease I do here by appoint my two sons Simon Swart and Adam Swart executors to this my last will & testament hereby revoking all & every other will and testament heretofore by me made. In witness where of I have hereunto set my hand and seal the fifteenth day of June in the year of our Lord One thousand eight hundred and eighteen. Signed sealed and publicly declared by the above named Nicholas Swart to be his last will and testament in the presence of us who have here unto subscribed our Nicholas Swart names as witnesses in the presence of the testator. N.B. The following words are intertwined that as by the said reference being there unto that and the words (?) and are annexed to the Last Will & Testament by which the same Are witnessed before executor. William Lyman Susan DeGraff Isaac DeGraff Codicil to the last will and testament of Nicholas Swart I Nicholas Swart of the town of Glenville in the County of Schenectady do this twenty ninth day of June in the year of our Lord One thousand eight hundred and twenty two make and publish this codicil to my last will and testament where as in and by my last will and testament having devised to my two sons Simon and Harmanus an improved piece of ground as it there lie containing about nine acres between the culvert of the piece containing twenty nine & a half acres and the residue being about twenty acres & a half to my four sons Simon, Harmanus Adam & Jacob & whereas I now deem it expedient to alter said devise and hereby do alter the same & do devise the whole of the afore said twenty nine and a half acres of land to my two sons Adam Swart and Jacob Swart to hold to my two sons Adam & Jacob and to their heirs and offspring forever. Item. In consideration of what I have in & by me said in part recited Last will & Testament given and devised to my son Simon Swart and deeming it right and proper that he ought to bear the burden and expense of helping aiding and asisting my son Harmanus to build an english barn of twenty eight feet wide by forty two feet long English measure on such a spot as my son Harmanus may locate for the purpose and to bear the just and equal expense of what the one half of the building shall cost with the whole of the materials & expenses attending the same where there unto required by my son Harmanus or his heirs. Item. I also do order my son Simon in consideration of what I have devised to him in & by my Last Will & Testament to pay unto my two grand sons Simon Vedder & Hendrick Dellemont Vedder sons of my daughter Catherine within two years after my decease one hundred dollars (that is to say) to each fifty dollars and lastly it is my desire that this my present codicil be annexed to and made part of my Last Will & Testament to all intents and purposes. In witness where here unto I have set my hand & seal the day and year first above written. Nicholas Swart LS Signed Sealed published & Declared by the above named Nicholas Swart as a Codicil to be annexed to his last will and testament in the presence of William Lyman Isaac DeGraff John S. Vrooman Schenectady County. Be it remembered that on the twenty third day of March 1825 personally appeared befre me Giles H Yates Surrogate of said county Isaac DeGraff one of the subscribing witnesses to the Last will and testament & codicil there unto annexed of Nicholas Swart late of the town of Glenville in said county deceased who being duly swarn on his oath declared that he saw the said deceased sign and seal the instruments here unto annexed purporting to be the last will and testament and codicil thereto annexed of said deceased and heard him publish and declare the same as such that at the time there of he was of a sound disposing mind memory and understanding according to the best of the knowledge and belief of him the said deponent that his name subscribed there unto as witness is of his own proper handwriting and also that he saw William Lyman & Susan DeGraffthe other witness to said codicil & William Lyman and John S Vrooman the other witness to said codicil sign their names as such in the presence of the testator. In witness to Giles H Yates