In the Name of God Amen, I, Robert Swanton, now of the City of New York in the State of New York, Counsellor at Law and eldest Son and heir at law of William Swanton, sometime of Adraly in the Barony of West Carbery in the County of Cork in that part of the United Kingdom of Great Britain and Ireland called Ireland, Farmer but late of Ballydehob in the Barony and County aforesaid, now deceased, do make, publishy and declare this as and for my last will and testament.
That is to say first I order and direct that all my debts and funeral expenses (which latter I desire may be moderate) be paid by my executors herein after named as soon as conveniently may be after my decease.
Item, I give and devise to my Nephews William Swanton and Thomas Swanton, Sons of Job Swanton and of my Sister Ellen, wife of the said Job Swanton, the lands of Ballydehob, the lands of Sparrowgrady, the lands of Gurteenuller and the lands of Dereenaglough, all situate lying and being in the Barony of West Carbery and County of Cork aforesaid, and all other lands and tenements whatsoever belonging to me in the Barony of West Carbery aforesaid or elsewhere in the County of Cork aforesaid with all my estate and interest in the same respectively and all Indentures of Lease Title deeds and other Evidence of Title belonging to the same to have and to hold the Said devised premises and every of them with their and every of their appurtenances unto them my said Nephews William Swanton and Thomas Swanton and their heirs and assigns for ever and equal moieties as Tenants in common and not as joint tenants upon trust nevertheless and upon this express condition;
First, that they and said devisees do faithfully apply all the profits, rents, issues and all other the profits of the said lands and tenements above devised to them to the payment of all the debts which were legally due by my late brother Thomas Swanton at the time of his death and which shall be unpaid or unsatisfied at the time of my decease, then upon this further trust that they my said devisees (after the said debts shall be paid) do faithfully apply all the profit rents issues and all other the profits of the said lands and tenements above devised to the payment of Fifty pounds British Sterling to each of the herein-after named four natural children of my said brother Thomas Swanton (by Norry Boig); that is to say:
to be paid to them in the order in which they are above named with interest for the Said Several Sums respectively at the rate of Six per cent per annum from the time of my decease until paid and then upon trust that they my said devisees (after the said several sum of money with the interest of the same shall be paid as before ordered and directed, to faithfully pay over to my said sister Ellen, wife of the said Job Swanton and another of the said devisees during her natural life all the profits, rents and other the profits of the Said herein before devised and herein before mentioned premises to and for her own sole and separate use and benefit without being subject to the control nor liable to the debts, contracts, engagements or forfeitures of the Said Job Swanton, her husband, but that the same shall only be subject to her own sole and separate control, and at her own sole and separate disposal in like manner as if she were a feme Sole and unmarried, and that her own receipt or other discharges signed by herself shall be sufficient acquittances and sufficient evidences of the payment of all money which shall be paid to and received by her by virtue or in pursuance of the trust hereinbefore created for her benefit.
And I do hereby further order and direct and my will is that after the death or decease of my said sister Ellen and after the faithful performance by any said devisees of the said several trusts hereinbefore created and hereby reposed in them as aforesaid, they my said devisees William Swanton and Thomas Swanton, their heirs and assigns do apply all the rents, issues and all other the profits of the said divised premises to their own use and fror their own benefit and to the use and for the benefit of their heirs and assigns for ever in equal moities, and if either of my said devisees William Swanton or Thomas Swanton shall die in my lifetime, then and in that case I give and devise the moiety of such one of them as may so die in my lifetime to his heirs for ever upon the like trusts and conditions hereinbefore mentioned, created and declared,
And as to for and concerning all my estate real and personal and mixed which is situated or being in the State of New York or in the State of Pennsylvania or elsewhere in the United States of America or in the Territories thereof or which at the time of decease shall or may be situated or being any any part of the said United States of America or of the Territories thereof, I give, devise, bequeath and dispose of the same as follows; that is to say:
First, I give and bequeath to my friend David Bryson of the City of New York the sum of five hundred dollars as a mark of my friendship and esteem and as a small acknowledgement of his many acts of kindness to me.
I give and bequeath to Patience Blatchford of the Town Bantry in the County of Cork in Ireland aforesaid Sister of my late dear and much beloved wife, the Sum of one thousand and five hundred dollars, and I also give and bequeath to her, the Said Patience Blatchford all my plate and Silver vessels.
I give and bequeath to Mary Woodrow, also a Sister of my said late wife and wife of John Woodrow of the City of Bristol in England the Sum of one thousand dollars.
I give and bequeath to Charlotte Griffith, youngest Sister of my Said late wife, the sum of five hundred dollars.
I give and bequeath to Eliza Ann Appelbe, cousin of my said late wife and who is now in the City of New York, the Sum of three thousand three hundred dollars, and I also give and bequeath to her, the Said Eliza Ann Appelbe all my beds and bedding, household furniture and implements of household, except my Said plate and silver vessels which are bequeathed to the said Patience Blatchford as aforesaid.
I give and bequeath to my nephew Thomas Roycraft, now in the City of New York, the Sum of one thousand dollars and my watch.
I give and bequeath to my cousin Mary Wren, widow of George Wren, late of the City of Cork in Ireland, aforesaid now deceased, the Sum of five hundred dollars.
I give and bequeath to William Swanton of the City of New York, Locksmith, the sum of five hundred dollars.
I give and bequeath to Mary Palmer, now in the City of New York and mother of Jeremiah Driscoll of the last mentioned City, Locksmith, the sum of two hundred and fifty dollars.
I give and bequeath to Swanton Derry, son of my late, much esteemed friend, Valentine Derry, the Sum of Two hundred and fifty dollars.
I give and bequeath to Grace Georgiana Tone, grand daughter of my friend William Sampson, the Sum of one hundred dollars.
I give and bequeath to Ann Swanton Donovan, daughter of James Donovan, late of the City of New York, now deceased, the Sum of one hundred dollars, and the like sum of one hundred dollars to her Sister Mary Donovan.
And I give and bequeath all my Books to my Said Nephew Thomas Swanton and I do hereby order and direct and my will is that the Said Several legacies so bequeathed by me as aforesaid be paid by my Said Executors out of the proceeds of my said estate real, personal or mixed, which is situated or being or which at the time of my decease shall or may be situated or being in any part of the Said United States of American or of the Said Territories thereof and which shall remain after payment of my said funeral expenses and debts.
I give and devise to my Said Nephew Thomas S. Roycraft that certain House and lot of land Situate on the Westerly Side of Oliver Street in the Fourth Ward of the City of New York which said house is now known and distinguished as Number Twenty Nine (No. 29) Oliver Street aforesaid and which Said lot of land is designated known and distinguished as Number eight (8) on a map lately made by Thomas R. Ludlam, City Surveyor of that certain piece or parcel and tract of land heretofore granted and conveyed by the "Trustees of the Congregation of Shearith Israel" to me and to the Said David Bryson as Tenants in Common and which said Map is on file in the Office of the Register of the City and County of New York, the Said last devised and last mentioned and described house and lot of land being bounded easterly in front by Oliver Street aforesaid and northerly on one side by the lot designated known and distinguished as lot Number Seven (No. 7) on the Said map, western on the rear by land belonging to the Estate of John Gardner, deceased, and Southerly on the other side by the lot designated known and distinguished as Lot Number Nine (No. 9) on the said Map and Containing in breadth in front and rear twenty one feet eleven inches or thereabouts and in length on the said northerly side thereof about Seventy Seven feet two inches and on the said Southerly side thereof about Seventy Seven feet, to have and to hold the said last devised and last mentioned and described house and lot of land unto him the said Thomas S. Roycraft, his heirs and assigns for ever.
I give and devise to the Said William Swanton, late of the City of New York, Locksmith, that certain messuage or dwelling house and lot of land or ground situate on the Easterly side of Catherine Street aforesaid lately granted and conveyed to me by John Vreeland of the City of New York, Merchant and Jemima, his wife by deed of bargain and sale indented bearing date the eighth day of March in the year of our Lord one thousand eight-hundred and twenty seven and recorded in the Office of the Register in and for the City and County of New York in Liber 215 of Conveyance, Page 465, on the ninth day of March one thousand eight hundred and twenty seven, together with the said deed of bargain and sale and all other evidences of Title belonging or relating to the said last devised premises, to have and to hold the said last devised and last-mentioned and described messuages or dwelling house and lot of land or ground unto him, the said last mentioned William Swanton, his heirs and assigns for ever upon trust--nevertheless and upon this express condition that the Said last mentioned William Swanton, his heirs and assigns shall and do out of the rents, issues and profits of the Said last devised and last mentioned and described premises will and faithfully pay until Elizabeth Collins, wife of Daniel Collins, yearly and every year during the term of her natural life and no longer, the yearly Sum of one hundred and sixty dollars, clear of and full discharged from all rates, taxes, charges, assessments and impositions whatsoever, the Said yearly Sum of one hundred and Sixty dollars to be paid to her, the Said Elizabeth Collins by two equal half-yearly payments on the first day of May and first day of November in each and every year during the Said term of her natural life, the first of the Said half-yearly payments to be made on the first of the Said day of payment which shall happy next after my decease.
And I do hereby declare, order and direct, and my will is that the Said yearly Sum of one hundred and Sixty dollars shall be paid to her, the said Elizabeth Collins yearly and every year during the Said term of her natural life as aforesaid for her own Sole and Separate use and benefit, without being Subject to the control, nor liable to the debts, contracts, engagements or forfeitures of the Said Daniel Collins, her husband, but that the same notwithstanding her coverture shall only be subject to her own sole and separate control and at her own sole and separate disposal in like manner as if she were a feme sole and unmarried and that her own receipts or other discharges signed by herself shall be sufficient acquittance and sufficient evidences of the payment of all money which shall be paid to or received by her by force or virtue or in persuance of the Said trust hereby created for the benefit of her, the Said Elizabeth Collins as aforesaid.
And I do hereby order and direct, and my will is that the Said yearly sum of one hundred and Sixty dollars so ordered and directed to be paid to her, the Said Elizabeth Collins during the Said term of her natural life as aforesaid, shall be and I do hereby declare the same to be a charge on the Said last devised and last mentioned and described messuage or dwelling house and lot of land or ground hereby devised to the Said last mentioned William Swanton as aforesaid, and in case the Said yearly sum of one hundred and Sixty dollars so ordered and directed to be paid to her, the said Elizabeth Collins as aforesaid and with which the Said last devised premises are charged as aforesaid or any part, thereof shall happen to be behind or unpaid on any or either of the Said days herein before appointed for the payment thereof, then and as often as it shall so happy, I do hereby authorise and empower her, the Said Elizabeth Collins and all and every such person and persons as she shall or may from time to time appoint for that purpose by writing, Signed and duly executed to her into and upon the Said last devised and last mentioned and described premises or any part thereof to enter and distrain and the distress and distresses thn and there found to seize, take, carry away and dispose of by Sale or otherwise according to law until the Said yearly Sum of one hundred and Sixty dollars and all arrears thereof and the costs of such distress shall be fully paid and satisfied.
And I do hereby declare and my will is that the Said last mentioned William Swanton, his heirs and assigns shall have, take and receive all the rents, issues and other the profits of the Said last devised and last mentioned and described premises to and for his and their own use, benefit and behoof for ever except the Said yearly Sum of one hundred and Sixty dollars herein before ordered and directed to be paid by him and them to the said Elizabeth Collins during the Said term of her natural life as aforesaid.
And I give, devise and bequeath all the rest, residue and remainder of my lands, houses, tenements, Bank and other Stock and Estate, real, personal and mixed, which is situated or being in the State of New York of in the State of Pennsylvania, or elsewhere in the Said United States of America or in the Territories thereof or which, at the time of my decease, shall or may be situated or being in any part of the Said United States of America or in the Territories thereof, and not devised, bequeathed, or otherwise disposed of by this, my last will and testament, to my said friend David Bryan and to Robert White, Cashier of the Manhattan Company and to Campbell P. White, brother of the said Robert White and to John Ansthon of the City of New York, Counsellor-at-Law and to the survivors and survivor of them upon trust nevertheless and to and for the several uses, intents and purposes herin after mentioned Trustees as aforesaid can be sold to advantage as aforesaid they my Said Trustees shall and do from tie to time and as often as occasion shall require, let and demise the Same to the best advantage for terms not exceeding one year at a time in each case, and collect the rents of the Same.
And I do hereby order and direct, and my will is that all the moneys which shall arise from or be produced by the Sale of all the said rest, residue and remainder of any said land, houses, tenements, bank and other stock and estate, real, personal and mixed so devised and bequeathed to them my said last mentioned Trustees upon trust as aforesaid and also all the said last mentioned rents which shall be collected by them as before directed shall constitute and be a fund out of which my said last mentioned trustees whom I also hereby constitute my executors shall first pay all my said debits and funeral expenses and all the said several legacies and bequests by me hereinbefore bequeathed as aforesaid,
And I do hereby further declare, and my will is that the said devise and bequest so made by me to them my said last mentioned trustees upon trust as aforesaid are so made upon this further trust that they my said last mentioned trustees and the survivors and the survivor of them after paying my said debts, funeral expenses and the said several legacies herein before bequeathed shall and do faithfully and without delay pay over all the rest, residue and remainder of the said last-mentioned fund and all the moneys whatsoever which shall or may from time to time be received by them or come to their hands by force or virtue or in persuance of the said several trusts hereby created and reposed in them as aforesaid to my said Nephews William Swanton and Thomas Swanton, Sons of the Said Job Swanton and of my said Sister Ellen, wife of the said Job Swanton and to the two daughters of my late niece, Sarah Evanson, now deceased, who was the Sister of my said last-mentioned Nephew and the wife of Nathaniel Evanson, now also deceased, in the following shares and proportions; that is to say:
And if either of any said last mentioned Nephews William Swanton or Thomas Swanton shall die in my lifetime leaving lawful issue then and in that case I order and direct, and my will is that the share and proportion of such one of them any said last mentioned nephews as shall or may so di ein my lifetime be paid to such lawful issue share and share alike if more than one; and if only one, then to that one, but if either of them aforesaid last mentioned Nephews shall die in my lifetime without leaving lawful issue, then and in that case, I order and direct, and my will is that the share and proportion of such one of these my said last-mentioned nephews as shall so die in my lifetime without leaving lawful issue be paid to the survivor of them my said last mentioned nephews, and in case either of them the said two daughters of my late niece, Sarah Evanson shall die in my lifetime leaving lawful issue then and in that case I order and direct, and my will is that the share and proportion of such one of them the said daughters of my said late niece Sarah Evanson as shall so die in my lifetime leaving lawful issue be paid to such lawful issue share and share alike if more than one and if only one then to that one. But if either of them, the said two daughters of my said late niece Sarah Evanson as shall so die in my lifetime without leaving lawful issue be paid to my said and last mentioned Nephews William Swanton and Thomas Swanton share and share alike if both my said last mentioned nephews shall be then living; if not, then to the survivor of them.
And I do hereby authorise and empower my said last mentioned trustees, David Bryson, Robert White, Campbell White, and John Ansthon and the Survivors of Survivor of them to sign, seal, duly execute and deliver all and every such bargain and sale and bargains and sales assignment and assignments, conveyance and conveyances and other instrument and instruments in writing and assurance and assurances in the law as shall be requisite or as shall be needful or necessary for conveying, assigning and assuring the said several premises so devised by my last mentioned Trustees upon Trust as aforesaid to the purchaser and purchasers of the same and to the heirs, executors and administrators as the case shall or may require, and assigns of such purchaser and purchasers forever, and I do hereby Constitute and appoint the said David Bryson, Robert White, Campbell P. White and John Ansthon Executors of this my last Will and Testament, and I hereby revoke all and every former and other will and wills by me at any time heretofore made.
In Witness whereof I have hereunto set my hand and affixed my Seal the thirty first day of October in the year of our Lord one thousand and eight hundred and thirty five.
R. Swanton
Signed, sealed, published and declared in duplicate by Robert Swanton, the Testator, 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 hereunto subscribed our names as witnesses, and the Said Testator also signed his name in our presence on the margin of each of the foregoing sheets. The word "taxes" on fifth page being first interlined.
Tho. Clerke, Attorney and Counsellor at law, 99 Beekman Street, New York
Fitzgerald Lisdale, Sugar Refiner, Congress Refinery, 146 Duane St., NY
James Buchanan, his Britanick Majesty's Consul, New York, 61 Cedar St, New York
Being induced by divers Considerations to execute the foregoing will in duplicate, I do hereby order and direct, and my will is that each part of the Said Will be deemed and taken as an original Will Dated the 31st day of October 1835.
R. Swanton
Witnesses: Thomas Clerke, Fitzgerald Lisdale, J. Buchanan
In the matter of proving the last Will and Testament of Robert Swanton, deceased, City and County of New York SS: Be it remembered that on the eighteenth day of June in the year one thousand eight-hundred and forty personally appeared before David B. Ogden, Esquire, Surrogate of the County of New York David Bryson of said city who being by said surrogate duly sworn and examined doth depose and say that he received the instrument in writing now produced and shown to deponent purporting to be the last will and testament of said Robert Swanton deceased from the said testator at the time of the execution thereof, that said instrument remained in the custody of deponent until he brought the same to the Office of the Surrogate of the County of New York where he deposited the Same for probate and that whilst said instrument remained in the custody of deponent the same wa in no respects altered or changed.
Sworn this eighteenth day of June, 1840 before one David B. Ogden.
David Bryson
Father
Wife
Brothers
Sisters
Brothers-in-Law
Sisters-in-Law
Nephews
Nieces
Wife's Cousins