Will of Joseyas Swart


Schoharie County NYGenWeb Site

Submitted by Fred Swart

THE WILL OF JOSEYAS SWART

Recorded (Page 324)
Probate dated July 5th 1782

In the name of God Amen. I Josaias Swart of Schohary in the County of Albany, Being
weake in Body but of Sound Memory, praised be Almighty God, Calling to Remembrance
the Uncertainty of the present Life do make constitute ordain and appoint this my last Will and Testament in manner and form following, Revoking & Annulling by these presents, all and every Will and Wills heretofore by me made and Declared, Either in word or in writing, and desiring and appointing that this only be taken for my Last will & Testament, And first I do Commit my soul to Almighty God, Trusting to be Saved thro' the merit of Jesus Christ, and my Body to be Buried in a decent manner, And as to the Settling of my Temporal Estate which it hath pleased God to bestow upon me. I Do Order give and Dispose of them in manner and form following. (Viz.)

Item It is my first Request and Desire that all my just Debts and Funeral Charges be paid and Satisfied X X X

Item I Do give and bequeath unto my Eldest Son Tenes Swart five pound hard Cash Lawfull money of N. Yorke in Right of primogeniture wherewith he is to be Satisfied and make no Claim to any of my Estate more than that hereafter is further bequeathed unto him X X X

Item I Do give and bequeath unto my b(eloved) wife Geerdreuy, so long She Remains my widow all and the full one half of that Farm, which I have hereunder bequeathed to my youngest Son Bartholomaus, and that She Shall be master over said one half of that farm, untill my youngest son Bartholomaus Reaches the age of twenty one years, then and after the expired time, my will is, if she Marryes or not, that my youngest son Bartholomaus Shall pay Annually to my beloved wife Geerdreuy the sum of Twelve pounds good hard money of N. Yorke Towards her maintenance during her natural life X X X

Item I Do give and bequeath unto my Oldest Son Tenes Swart all and the full one half of all my Land in Smith Dorp on the east side Schohary Kill, and on the west side Schohary Kill that Low Land, and the one half of all my wood Land in Schohary Patent and in other Patents and to his Heirs and Assigns forever X X X

Item I Do Give and bequeath to my youngest Son Bartholomaus Swart all and the full one half of all my Land in Smith Dorp one the East and west (side) Schohary Kill that Low Land, and the one half of all my wood Land in Schohary Patent and other Patents and to his Heirs and assigns forever. All that Land I have bequeathed unto my two Sons Tenis Swart and Bartholomaus Swart above Shall be equally divided Between them Share and Share alike the one no more than the other & to their Heirs and assigns forever.

Item As for my Daughter Sarah I have paid and Satisfied her with the amount of One hundred and fifty pounds Good Silver money of N. Yorke, and her marriage portion She also hath received and that my daughter Sarah must be satisfied therewith, and make no claim more to any of my Estate Real or personal hereafter X X X

Item I Do give and bequeath my deceased Daughters (^ Geertruey) Heir Josaias Clerk after he reaches the age of twenty one years the sum of One Hundred pounds Good Silver money of N. Yorke X X X

Item As for my other Daughter, Steynge, I have paid & satisfied her, with the amount of One Hundred and fifty pounds Good Silver money of N. Yorke, and her marriage portion She also hath received and that my Daughter Steynge's Heirs must be satisfied therewith and make no claim to any of my Estate more Real or personal of what kind or nature forever hereafter X X X

Item I Do give and bequeath to my daughter ( ^ Maria) the Sum of Seventy five pounds good Silver money of N. Yorke, and that She Shall receive the above amount Seventy five pounds in one year after my Decease, and to her Heirs X X X

Item I Do give and bequeath to my deceased Daughter Susanah's Heirs the sum of Sixty five pounds Silver money of N. Yorke, and that my Daughter Susanah Heirs Shall be paid with the above amount of Sixty five pounds in two years next after my Decease X X X

Item I Do give and bequeath to my Daughter Engel the Sum of One Hundred & fifty pounds good Silver money of N. Yorke and with the Household furniture, as I have given to my other Daughters Sarah and Steynge, and to her Heirs for ever, and must be paid in two years after my decease.

Item I do give and bequeath to my Youngest Daughter Eva the Sum of One Hundred and fifty pounds good Silver money of N. York, with her Marriage portion & Household (Stuff?) as I have given to my other Daughters Sarah and Steynge and to her Heirs for ever, which sd. Sum must be paid to my youngest Daughter Eva four years after my decease X X X

Item I do give and bequeath to my deceased Daughter Susanah Heirs Engel and Eva all the personal Estate & household goods of my wife Geerdruey after her Decease, that it shall be equally divided between them three Share and Share alike the one no more than the other and to their heirs for ever. And lastly I do give and bequeath to my wife Geerdruey all my negros and all my chattle Horses Sheep Hogs and that She Shall be master of the same, then and after my decease, She may Give Sd. negros Horses Sheep Hogs to any of my Children who She pleases. And also if my Youngest Son Bartholomaus Should die without Heir my son Tenes Swart Shall have my Youngest Sons Estate, and if Such Should happen my Son Tenes Swart Shall give and pay to each and every one of my Daughters Ten pounds more than what I have already bequeathed unto them.~

And also if my Youngest daughter Eva Should die without Heir my will is that her marriage portion and all that I have above bequeathed unto her be divided Between all my Daughters Share and Share alike the one no more than the other and to their Heirs for ever, and all that money which I have above bequeathed unto all my Daughters must be paid of that money which I have in Bonds and in the Loan office, and also all my Debts, if any, must be paid of that money, and if there should Remain yet money (it) must (be) equally divided between my two Sons, Tenes Swart and Bartholomaus Swart Equally Share and Share alike the one no more than the other. And I do make ordain constitute and appoint my said wife Sole Executrix and my son Tenes Swart & Johannes I. Lawyer Executors of this my last Will and Testament. In Witness Whereof I the said Josaias Swart have to this my last & Testament Set my hand & seal this Twenty Second Day of February, in the year of our Lord One Thousand Seven hundred Eighty one ~

Sign'd Seal'd & Delivered by the said

Josaias Swart as for his last Will & Testament

In the presence of us, who were present /S/ Joseyas Swart

at the Signing and Sealing thereof

/S/ Adam Seth Vrooman /S/ Daniel McMichael /S/ Wm. Schermerhoorn

(Be it?) remembered that on the fourteenth day of June in the year of our Lord One Thousand Seven hundred Eighty two personally (came) (and?) appeared before me Jno. De Peyster Douw Surrogate of the said County, Adam Seth Vrooman farmer and Daniel McMichael Black Smith both of the County aforesaid, being duly sworn on their Oaths declared that each of them did see Josiah Swart sign and seal the within written Instrument purporting to be the Will of the said Josiah Swart bearing date the Twenty second day of February in the year of our Lord One thousand Seven hundred Eighty one & heard him publish & declare the same as and for his last Will & Testament that at the time thereof he the same Josiah Swart was of sound disposing Mind and Memory to the best of yr. knowledge and belief of them the Deponents & that their Names subscribed to the said Will are of their respective (") (illegible) Hands Writing which they subscribed as Witnesses to the said Will in the Testators presence, and that they, the Deponents saw William Schermerhorn the other Witness to the said Will subscribe his Name as Witness thereto in the Testator's Presence.

/S/ Jno. DePeyster Douw Surrogate

Albany ss. Be it also remembered that on the fourteenth day of June in ye. Year of our Lord County one thousand Seven hundred Eight two Gertruy Swart Executrix Tenus Swart Johannes I. Lawyer the executors of the within written Will of Josiah Swart likewise appeared before me the said John DePeyster Douw and were duly sworn to the true Execution and performance of the same Will by severally taking the oath of an Executor as by Laws appointed, before me,

/S/ Jn. DePeyster Douw Surrogate


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