Will of Bartholomew Swart

Schoharie County NYGenWeb Site

submitted by Fred Swart

Will of Bartholomew Swart, Deceased

In the name of God, Amen. I, Bartholomew Swart, of the town of Schoharie in the County of Schoharie and State of New York, considering the uncertainty of mortal life and being of Sound disposing mind and memory, and knowing that it is appointed for all persons once to die (blessed be Almighty God for the same) do make, publish and declare this my last will and testament in manner and form following, that is to say – First I assign my soul into the hands of Almighty God, hoping and believing in a remission of my sins by the merits and mediation of Jesus Christ; and my body I commit to the earth, to be buried at the discretion of my executor herein after named – and as it respects my real and personal estate, I hereby dispose of the same as follows – not doubting but that to whom I give it may make the best use of it, both as it respects their temporal and eternal welfare, and that in the quiet and tranquil enjoyment thereof they will keep in view, and never be unmindful with what care and prudence and perseverance and industry property is acquired.

First it is my will and pleasure that all my just death and funeral charges be paid and satisfied by those persons herein after named. All the real and personal estate I hereby devise and bequeath to my son Adam V. Swart I devise and bequeath unto him in lieu of his labor done and performed for me during my lifetime, and that if the said Adam V. Swart or his heirs shall not take up with such devise and bequest, as a full and simple remuneration and satisfaction for this said labor, that then and in such case, all the real and personal estate herein after devised and bequeathed to said Adam V. Swart, I devise and bequeath unto my sons Josias Swart Junior, Peter S. Swart, Jacob M. Swart, John L. Swart and Bartholomew B. Swart, share and share alike.

First, I give and devise unto my sons Jacob M. Swart and Bartholomew B. Swart of the Town and County of Schoharie, and State of New York, all and every part of the following lot of land, situate lying and being in the Town, County and State aforesaid, in a patent granted to Myndert Schuyler and others, commonly called the old Schoharie patent,

Beginning on the west side of the public road and runs from thence South forty degrees and fifteen minutes west, Seven chains and nineteen links, thence south fifty one degrees and forty five minutes East, three chains and forty eight links, thence South forty degrees and fifteen minutes west, fifty links, thence north forty nine degrees and eight minutes west, thirty eight chains and twenty five links, thence north twenty nine degrees and fifteen minutes East, eighty four links, thence north eighty eight degrees and fifteen minutes East, fifteen chains, thence South fifteen degrees and forty five minutes East, two chains and ninety one links, thence north thirty one degrees and fifteen minutes East, two chains and seventy two links, thence South forty eight degrees and fifteen minutes east, twenty chains and fifty one links, thence South twenty three degrees and forty five minutes west, four chains and twenty six links, to the place of Beginning, containing thirty four acres and forty eight parts of a hundred of an acre of land_

Also one other lot, situate lying and being in the Town, County and State aforesaid,

Beginning on the East Side of the public road, and runs from thence South forty degrees and fifteen minutes west, four chains and twenty four links, thence South fifty degrees and forty five minutes East, ten chains and twenty six links, thence north thirty six degrees East, four chains and sixty three links, thence South fifty nine degrees East, three chains and eight links, thence south twenty degrees forty five minutes west, five chains and fifty nine links, thence South fifty Six degrees and thirty minutes East, twenty six chains and Seventy links, thence South thirty three degrees and forty five minutes East, thirteen chains and twenty nine links, thence north fifty six degrees and fifteen minutes west, thirty five chains and twenty four links, thence South thirty seven degrees west, seven chains and fifty two links to the place of beginning, Containing forty seven acres and two perches of land,

To have and hold the above described two Lots of land to them and to their heirs and assigns forever.

Also, I give and devise unto my son Adam V. Swart of the town and County of Schoharie, and State of New York, and to my grandson Bartholomew Harrison Swart, of the town of Shelby in the County of Orleans and State aforesaid, the following lot of land, situate lying and being in the town, County and State aforesaid, and in a patent granted to Myndert Schuyler and others, commonly called the old Schoharie patent,

Beginning at a lane South fifty degrees and forty five minutes East, ten chains and twenty six links, thence north thirty six degrees East four chains and sixty three links, thence South fifty nine degrees East, three chains and eight links, thence South twenty degrees and forty five minutes west, five chains and fifty nine links, thence South fifty six degrees and thirty minutes East, twenty Six chains and Seventy links to a pine Sapling, thence north thirty three degrees and forty five minutes west, eleven chains and sixty eight links, thence north fifty three degrees and fifteen minutes west, forty two chains and sixty links, thence north forty degrees and fifteen minutes East, eleven chains and fifteen links to the place of Beginning, containing forty nine acres and two perches of land_

Also, one other lot, Situate lying and being in the Town, County and State aforesaid, and in the patent aforesaid,

Beginning on the west side of the road, South forty degrees and fifteen minutes west, Seven chains and Seventy links to the Corner of Doc. Van Dycks land from thence north fifty two degrees and thirty minutes west, three chains and forty three links from thence South forty five degrees west six chains and forty eight links, thence north thirty degrees and thirty minutes west, fourteen chains and eighty eight links, from thence south fifty two degrees and fifteen minutes west, four chains and nineteen links, from thence north sixty seven degrees and thirty minutes west, two chains, from thence north fifteen degrees and fifteen minutes east, one chain and seventy two links – thence north nine degrees east, one chain and eight links, thence north eight degrees and forty five minutes west, two chains, thence south twenty nine degrees east, two chains and three links, thence South thirty nine degrees and thirty minutes east, one chain and twenty links, thence north fifty seven degrees and thirty minutes west, three chains and nine links, thence north Seventeen degrees east, one chain and ninety five links, thence north eleven degrees east, two chains and eighty six links, thence north eighteen degrees and thirty minutes west, four chains and fifteen links, thence north seven degrees west, four chains and one link, thence north twenty nine degrees and fifteen minutes east, ninety links, thence South forty nine degrees and eight minutes east, thirty eight chains and twenty five links, to the place of beginning, containing thirty seven acres, and forty eight parts of a hundred of an acre of land,

To have and to hold the above two described lots of land to them and to their heirs and assigns forever.

I also give and devise unto my two sons Jacob M. Swart and Bartholomew B. Swart the northerly half of lot number two in Sternbergh’s patent, containing one hundred acres of land, be the Same more or less, to have and to hold to them and to their heirs and assigns forever.

I also give and devise unto my son Adam V. Swart, and to my grandson Bartholomew Harrison Swart, the southerly half of lot number two in Sternbergh’s patent, containing one hundred acres of land, to have and to hold to them, and to their heirs and assigns forever.

I also give and devise unto my sons Jacob M. Swart and Bartholomew B. Swart, the northerly half of part of lot number three in Sternbergh’s patent, containing fifty acres of land, to have and to hold, to them and to their heirs and assigns forever.

I also give and devise unto my son, Adam V. Swart, and to my grandson Bartholomew Harrison Swart, the southerly half of part of lot number Three in Sternbergh’s patent, containing fifty acres of land, to have and to hold to them and to their heirs and assigns forever.

I also give and devise unto my sons Jacob M. Swart and Bartholomew B. Swart, the northerly part of lot number one, in Sternbergh’s patent, containing twenty two acres of land, be the same more or less, to have and to hold to them and to their heirs and assigns forever.

The above lots, number two, three and one in Sternbergh’s patent, are situated in the town and County of Schoharie and State of New York aforesaid.

I also give and devise unto my sons Jacob M. Swart and Bartholomew B. Swart the northerly half of all the lands I own east of the east line which David Miles, Esq. run, and which said land runs east as far as the Schoharie patent line extends (situate, lying and being in the town and County of Schoharie and State of New York aforesaid) containing thirty seven acres of land, be the same more or less; to have and to hold to them, and to their heirs and assigns forever.

I also give and devise unto my sons Jacob M. Swart and Bartholomew B. Swart, the lot of land which I purchased of David Lawyer, Junior, situate, lying and being in the town and County of Schoharie and State of New York aforesaid, and is bounded north by Jacob Fisher’s land, westerly by Peter Mann’s and Jacob Snyder’s land, easterly by lands of Capt. Snyder, northeasterly by lands in the possession of Peter S. Swart, and lies in the old Schoharie patent containing eleven acres of land be the same more or less, To have and to hold to them, and to their heirs and assigns forever.

I also give and devise unto my son Adam V. Swart and to my grandson Bartholomew Harrison Swart, the lot of land called the Island, situate lying and being in the town and County of Schoharie, in the old Schoharie patent adjoining the land of Doc. Van Dyck and Peter P. Snyder, containing eleven acres of land, be the same more or less, , To have and to hold to them and to their heirs and assigns forever.

I also give and devise unto my sons Adam V. Swart, Jacob M. Swart, Bartholomew B. Swart and to my grandson Bartholomew Harrison Swart, all my lands I own on the west side of the Schoharie Creek, Situate lying and being in the town and County of Schoharie and State of New York aforesaid in the old Schoharie patent containing nine acres more or less, to have and to hold to them and to their heirs and assigns forever.

I also give and devise unto my sons Adam V. Swart, Jacob M. Swart, Bartholomew B. Swart and to my grandson Bartholomew Harrison Swart all my upland which I own in the County of Schoharie or elsewhere (not herein before devised) to have and to hold to them and to their heirs and assigns forever.

And it is my will and I do hereby expressly declare that if my son Bartholomew B. Swart should happen to die without heirs, that then and in such case I give and devise all the real estate herein before devised to the said Bartholomew B. Swart, in this my last will and testament, to my son Jacob M. Swart, to have and to hold to him, Jacob M. Swart, his heirs and assigns forever. Anything contained in this, my last will and testament, to the contrary thereof in any wise notwithstanding.

And it is my further will, and I de hereby expressly declare that if my grandson Bartholomew Harrison Swart Should happen to die without heirs, that then and in Such case, I give and devise all the real estate herein before devised to the said Bartholomew Harrison Swart in this, my last will and testament to the heirs of my son Josias Swart, Junior, to have and to hold to the heirs of my said son, Josias Swart Junior and to their heirs and assigns forever, anything contained in this, my last will and testament to the Contrary thereof in any wise notwithstanding.

I give and bequeath unto my son Bartholomew B. Swart my Franklin Stove and pipe, my brass Clock and case, my red waggon which Josias Clark made and also all my Horses, Cattle Sheep and hogs, to have and to hold to him and to his heirs and assigns forever. I give and bequeath unto my son Jacob M. Swart my waggon which Esq. Dewey made, to have and to hold to him and to his heirs and assigns forever. I give and bequeath to my sons Jacob M. Swart and Bartholomew B. Swart my pleasure waggon which my said son Jacob M. Swart bought at Boston. And I also give and bequeath unto my sons Jacob M. Swart and Bartholomew B. Swart, the one-half of all my ploughs, drags and harrows Share and Share alike, to have and to hold to them, and to their heirs and assigns forever. I also give and bequeath to my son Adam V. Swart and to my grandson Bartholomew Harrison Swart the other one half of all my ploughs, drags and harrows, Share and Share alike, to have and to hold to them, and to their heirs and assigns forever. I also give and bequeath unto my sons Jacob M. Swart and Bartholomew B. Swart my new fanning mill, and also my four sleighs made by Messrs. Knowles, Becker, Lawrence and Wheaton, and also my pleasure Sleigh made by Philip Schuyler, and also my screws and beam of the Cider Mill To have and to hold to them, and to their heirs and assigns forever.

I also give and bequeath unto my son Adam V. Swart, and to my grandson Bartholomew Harrison Swart, my Sleigh which Mr. Clark made, to have and to hold to them, and to their heirs and assigns forever. I also give and bequeath to my son, Jacob M. Swart, my Cook Stove and pipe, now at said Jacob M. Swart’s house, to have and to hold to him and to his heirs and assigns forever. I also give and bequeath to my son, Adam V. Swart, my old fanning mill, to have and to hold to him and to his heirs and assigns forever. I also give and bequeath unto my sons Jacob M. Swart and Bartholomew B. Swart my one horse waggon and harness and also my two swords to have and to hold to them and to their heirs and assigns forever. I also give and bequeath and bequeath (sic) unto my sons Jacob M. Swart and Bartholomew B. Swart all my clothing wearing and apparel to have and to hold to them and to their heirs and assigns forever.

It is my will and I do hereby expressly declare that my grandson Bartholomew Harrison Swart shall pay his sister Gitty Maria Swart the Sum of two hundred dollars which said legacy or Sum of money I will and order to be paid to said legatee within two years after my decease. It is my will and I do expressly declare that my son Adam V. Swart Shall pay one half of all my just debts, and that my sons Jacob M. Swart and Bartholomew B. Swart shall pay the other one half of all just debts, share and share alike_

And lastly, as to the rest, residue and remainder of my personal estate, goods and chattels of what kind and nature soever, and wheresoever, not herein before otherwise disposed of, I do give and bequeath unto my sons, Josias Swart, Junior, Adam V. Swart, Peter S. Swart, and Bartholomew B. Swart, share and share alike, to have and to hold to them and to their heirs and assigns forever. It is my will and I do hereby expressly declare it shall and may be lawful for my sons Jacob M. Swart and Bartholomew B. Swart and their heirs executors administrators and assign to use the road leading from my old dwelling house up east to the wood land, as occasion may require and with horses, oxen and Cattle, waggons, Sleighs, Carts and with such teams as they the said Jacob M. Swart and Bartholomew B. Swart Shall think fit and necessary, anything Contained in this my last will and testament to the contrary thereof in any wise notwithstanding_

And I do hereby appoint Peter S. Swart, Jacob M. Swart and Bartholomew B. Swart the Executors of this, my last will and testament hereby revoking all former Wills by me made. In witness whereof I have hereunto set my hand and seal, thirty first day of July, in the year of our Lord one thousand eight hundred and thirty two.

Bartholomew Swart {L.S.}

Signed, sealed, published and declared by the said testator as and for his last will and testament in the presence of us, who are at his request, in his presence and in the presence of each other, have subscribed our names as witnesses thereto.

A. Keyser of the town and County of Schoharie

Peter Swart, Junr. Of the town of Middleburgh in the County of Schoharie

John Lawyer of the town and County of Schoharie

* * *

Codicil to the Will of Bartholomew Swart

Whereas I Bartholomew Swart of the town of Schoharie in the County of Schoharie and the State of New York have made my last will and testament in writing bearing date the thirty first day of July, in the year of our Lord one thousand eight hundred and thirty two, and have therein given, devised and bequeathed all my real and personal estate as written mentioned in my said last will and testament. Now I do by this my writing which I do declare to be a Codicil to my said will to be taken as a part thereof (will and direct). I do give and bequeath to my son Jacob M. Swart of the town, county and state aforesaid, the one fifth part of my personal estate, not otherwise disposed of, so that the said Jacob M. Swart, Josias Swart Junior, Adam V. Swart, Peter S. Swart and Bartholomew B. Swart shall have and take all the rest, residue and remainder of my personal estate, goods and chattels of what kind and nature soever and wheresoever, not in my last will and testament therein before otherwise disposed of, as is mentioned and expressed in the last Clause of my Said last will and testament to have and to hold to to (sic) them the said Jacob M. Swart, Josias Swart, Junior, Adam V. Swart, Peter S. Swart and Bartholomew B. Swart, Share and Share alike, and to their heirs and assigns forever. And lastly it is my desire that this my present Codicil be annexed to and made a part of my last will and testament to all intents and purposes. In witness whereof I have hereunto set my hand and seal this third day of August in the year of our Lord, one thousand eight hundred and thirty two.

Bartholomew Swart {L.S.}

Nicholas Bouch, town and County of Schoharie

Rice Orcutt of the town and County of Schoharie

A. A. Keyser, of the town and County of Schoharie

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