Mitchell Swinyer's Will

I originally ordered a copy of this will from SAMPUBCO (see file information below):

SWINGER, MITCHAEL            FRANKLIN                      NY-17-6-392

The will is now online at FamilySearch.

Surrogates Court In the matter of proving the last will & testament of Mitchael Swinger deceased. Be it remembered that heretofore to wit: on the 21st day of February 1877, James H. Pierce the executor named in the last will and testament of Mitchael Swinger late of the Town of Franklin deceased appeared in open Court before the Surrogate of the County of Franklin and made application to have the said last will and testament which relates to both real and personal estate proved. And on such application the Surrogate did ascertain by satisfactory evidence who were the heirs and next of kin of the said deceased and their respective residences said Surrogate did thereupon issue a citation directed to said heirs and next of kin by their respective names stating their respective places of residences requiring them to appear in this Court on the 28th day of May 1877; to attend the probate of the said will. And on that day satisfactory evidence by affidavit was produced and presented of the service of the said citation in the mode prescribed by law. And no one appearing to oppose such proceedings were thereupon had. Afterwards that the Surrogate took of the proof of the will hereafter set forth on the 6th day of July 1877 and he adjudged the said will to be a valid will of real and personal estate, & the proofs thereof to be sufficient which said last will and testament and the proofs and examinations taken in respect to the same are as follows, that is to say

WILL - In the name of God, Amen, I Michael Swinger of the Town and County of Franklin and state of New York, being of sound mind and memory blessed be almighty God for the same, do make and publish this my last will and testament. I give and bequeath to my son Edward Swinger the farm on which I now reside in Franklin aforesaid, it being the south part of lot No. 244, in Township 10, Old Military Tract, together with all the farming tools and apparatuses(?) thereto belonging or in anywise appertaining, upon the following conditions however, to wit: to take effect after my decease and after the decease of my wife Mary Swingyear, and also that the said Edward Swinyer shall after my decease pay to each and everyone of my children the sum of one dollar. I do nominate and appoint James H. Pierce of Franklin and State of New York to be the sole executor of this my last will and testament. In witness whereof I hereunto set my hand and seal and publish and decree this to be my last will and testament in presence of the witnesses named below. This 29th day of December in the year of our Lord one thousand eight hundred and sixty nine. Mitchael Swinger (his X mark) L.S.

The above instrument consisting of one sheet was at the date thereof signed, sealed, declared and published by the said Mitchael Swinyear as and for his last will and testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto. H.J. Noble residing at Franklin, Franklin Co., NY Henry H. Martin, residing at Franklin, Franklin Co., N.Y. Surrogates Court County of Franklin County New York In the matter of proving the last will & testament of Michael Swinyear deceased Examination of witnesses produced sworn and examined in the above entitled matter, County of Franklin ss. Hiram J. Noble and Henry H. Martin being severally and duly sworn and examined before Albert Hobbs, Surrogate of the County of Franklin on behalf of the applicant to prove said will do depose and say as follows; They were each well acquainted with Mitcheal Swinyear deceased. The subscription of the name of said decedent to the instrument now shown to us and offered for probate as his last will and testament and bearing date the 29th day of December in the year of our Lord one thousand eight hundred and sixty nine was made by the decedent at the residence of the dec. testator, in Franklin, in the presence of us and each of us subscribing witnesses to said instrument. At the time of his making such subscription the said decedent declared the said instrument so subscribed by him to be his last will and testament and we the undersigned thereupon subscribed our names as witnesses at the end of said instrument at the request of said decedent and in his presence and in the presence of each other. As deponents believe, the said decedent at the time of so executing said instrument was upward of the age of twenty one years and of sound mind memory and understanding and not under restraint or in any way incompetent to devise real estate. Sworn the Sixth day of July 1877, before me, Albert Hobbs Surrogate. H. H. Martin Hiram J. Noble Franklin County ss Recorded the preceding last will and testament of Mitchael Swinyear together with the proofs taken in the Court of the Surrogate of the County of Franklin which record is hereby signed and certified by me pursuant to the statute this 1st day of January 1877[Note: Must be 1878]. Surrogate

Note:  This was submitted by me and is listed on the Ancestry,com message board of Franklin Co., NY.  It was attributed to me at one time, but is now listed as having an anonymous contributor.