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.
