WILL: Tewalt Swarts; Starkey, Yates co., NY surname: Swarts, Huson, Vance submitted by Susan Austin (susanaustin @ hotmail.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm *********************************************************************** Written: 24 June 1854 Probated: 2 Apr 1857 Source: Yates co NY Will Book Vol. F page 403 The will of Tewalt Swarts (Jr.) (1778-1857) Before me the second day of April, 1857 William S. Briggs, surrogate I, Tewalt Swarts (misspelled Swarty throughout document) of the town of Starkey, County of Yates and state of New York do make, publish and declare this my last will and testament in manner following, that is to say, FIRSTLY I give and bequeath to Ruth Swarts, the girl whom I brought up, and who now lives with me, two cows, to be chosen by her out of all the cows owned by me at the time of my decease. Also two good beds, bedsteads, and bedding therewith, also six good chairs, one of them to be a rocking chair. SECONDLY I give, devise and bequeath unto my executors hereinafter named, all the rest, residue and remainder of my property both real and personal in trust to sell, convey and dispose thereof and convert the same into money as soon after my decease as they can reasonably do so to the best advantage and out of the proceeds of the sale of said property: 1ST to pay all just debts owing by me and all my funeral expenses. 2ND to pay the said Ruth the sum of three hundred dollars. 3rd to pay my daughter Anna Huson, the sum of eight hundred dollars. 4th To pay my son Micajah Swarts, the sum of five hundred dollars. 5th To pay my Grandson William Swarts the sum of three hundred dollars 6th To pay my son John Swarts the sum of one hundred dollars. 7th To pay my son Halsey Swarts the sum of one hundred dollars. 8th To pay my son Jacob Swarts the sum of four hundred dollars. 9th To pay my son Miles Swarts the sum of one thousand dollars. 10th To pay my grandsons, Miles Vance and Emmett Vance the sum of one hundred and fifty dollars. 11th To pay the said Ruth Swarts, Anna Huson, Micajah Swarts, William Swarts, John Swarts, Halsey Swarts, Jacob Swarts and Miles Swarts, each one equal ninth part, and the said Miles Vance and Emmett Vance each one eighteenth part of the balance of such proceeds after making the payments above mentioned. THIRDLY I direct my said executors to pay over to each of legaties above named the legacies to which by the provisions of this instrument he or she will be entitled as soon after my decease as can reasonably be done except the legacies above directed to be paid to the said Miles Vance and the said Emmett Vance, which I direct my said executors to invest safely in annual interest, and allow the same to accumulate until the time when the said Miles Vance and the said Emmett Vance respectively attain the age of twenty-one years at which time I direct my said executors to pay over to the said Miles Vance and the said Emmett Vance the amounts the several legacies above directed to be paid to each, with the accumulated interest thereon provided that in case either the said Miles Vance or the said Emmett Vance shall die before he arrives at the age of twenty-one years leaving no child or children living then the survivor shall take the share to which the one shall have died would if living have been entitled provided further that in case both the said Miles Vance and the said Emmett Vance shall die before arriving at the age of twenty-one years, and one of them shall leave a child or children, then such child or children shall take the whole amount to which the said Miles Vance and the said Emmett Vance would have been entitled if both had attained the age of twenty-one years, -- and provided still further in that case --------(unreadable) Emmett Vance shall both die before arriving at the age of twenty-one without leaving a child or children, then the amount to which the said Miles Vance and the said Emmett Vance would have been entitled if both had attained the age of twenty-one years shall be divided among the said Ruth Swarts, Anna Huson, Micajah Swarts, William Swarts, John Swarts, Halsey Swarts, Jacob Swarts and Miles Swarts, equally, share and share alike, , -- and provided still further, that in case either of the said legaties above named shall in any way contest the validity of this my last will and testament, they shall of my estate to which he or she would otherwise have been entitled shall be forfitted and shall be divided among the other legaties equally, share and share alike. LASTLY I hereby appoint my sones, John Swarts and Halsey Swarts the Executors of this my last will and testament hereby revoking all former wills and testaments by me ever made. In witness thereof I have hereunto set my hand and seals this 24th day of June 1854. Tewalt Swarts The above instrument consisting of one sheet was at the age thereof signed, sealed, published and declared by the said Tewalt Swarts as and for his last will and testament in the presence of each of us who, at his request did in his presence, and in the presence of each other, have subscribed our names in witness thereto. H. G. Wolcott, residing at Starkey, Yates County, New York Walter Wolcott, residing at Starkey, Yates County, New York State of New York Yates County SS: It appearing upon the proofs duly taken in respect to the last will and testament of Tewalt Swarts late of the town of Starkey in said County, deceased, that the said Tewalt Swarts died at said town of Starkey on the nineteenth day of March in the year of 1857, that the said will was duly executed: and that the said Tewalt Swarts at the time her published and executed the same was in all respects competent to devise real estate, and to bequeath personal property, and not under restraint: the said proofs and examinations, and the said last will and testament with the certificate of probate thereon, are hereby recorded in my office, and are signed and certified by me pursuant to statute this second day of April 1857. William S. Briggs, Surrogate State of New York Yates County SS: It is hereby certified, that at a Surrogate Court duly held in and for said County of Yates, on the second day of April, 1857: the last will and testament of Tewalt Swarts, late of the town of Starkey in said County, deceased, (being the annexed written instrument) was duly proved before the Surrogate of said County, according to law, and by him duly admitted to probate as such last will and testament, as a will of real and personal estate: and the said will and the proofs and examination taken in respect to the same have been duly recorded in the Surrogate's Office: and it is further certified that letters Testamentary were on the same second day of April duly granted to John Swarts and Halsey Swarts Executors appointed in and by the said will they having taken and subscribed the oath required by law as such Executors. In testamentary whereof the said Surrogate has hereunto subscribed his name and affixes his seal of Office (unreadable)