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Will of Jonathan Swarthout
Also known as Johnathan Swarthout

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I, John Swarthout, of the Town of Romulus in the County of Seneca and State of New York being of sound mind and memory do make, publish and declare this my last will and testament as follows:

First I give and bequeath to my beloved wife Amy all my furniture in my house and the use of one horse and buggy, and one third of all my personal estate during her natural life, and I also give and bequeath to her the use of one third of all my real estate for and during the time of her natural life, the same to be in lieu of dower. If the use of the property aforesaid should not be sufficient to maintain and support my said wife, then my executors, hereinafter named may expend such portion of the said one third of the personal estate above bequeathed to her as they shall deem requisite and proper after the decease of my said wife I direct the said one third to be equally divided among my children hereinafter named.

Second, I give bequeath and devise to my Executors hereinafter named in trust, subject to the bequest aforesaid to my wife Amy one third of my real and personal estate the use unto and profit of which I order and direct shall be expended in the support of and maintenance of my son George W. Swarthout during his natural life and after his decease I direct that the same shall be equally divided between the children of the said George to wit, George and Mahlon, and any other children he the said George may have at his decease.

Third, I give bequeath and devise to my son Lewis Swarthout his heirs and assigns forever, one third of my real and personal estate, to be his absolutely subject however to the above bequest and devise to my wife aforesaid.

Fourth, I give bequeath and devise to my daughter Mary W. Van Vleet, wife of E Watson Van Vleet her heirs and assigns forever, the remaining one third of my real and personal Estate, subject however to the above bequest and devise, to my wife as aforesaid, to be hers absolutely.

Fifth, I hereby authorize and empower my Executors hereinafter named, if the shall deem it best to sell and convey to the purchaser or purchasers thereof the said one third of my real Estate the use of which is herein given bequeathed and devised to my Executors for the maintenance and support of my son George W. Swarthout, and the remainder after his decease to his children as aforesaid, and to make execute and deliver any conveyand or conveyances therefore they may think best and proper, and the Executors shall invest the same as they shall deem best the interests or income to be expended for the benefit of said George during his natural live and the remainder to be divided as above directed in said second Section.

Sixth, I direct that my Executors shall erect and place over my grave a plain neat monument such as they in their judgment shall deem appropriate.

Seventh, I hereby constitute and appoint my son Lewis Swarthout and my friend Peter J Van Vleet the Executors of this my last will and testament, hereby revoking all wills by me made heretofore.

In witness whereof, I have hereunder set my hand and seal this 12th day of July in the year one thousand eight hundred and sixty one.

This page was created by Mark Swarthout.
The last update to the page was on May 8th, 2002
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