"Last Will & Testament of Jacob Swingle"
-- submitted by Jean Hudson McNamara, October 1998
Last Will & Testament of Jacob Swingle
Wayne County, Pennsylvania Will Book 2, Page 362, File 1287
Know all men by these presents that I Jacob Swingle of South Canaan Township in the County of Wayne and State of Pennsylvania, Farmer, being in ill health of sound and disposing mind and memory do make and publish this my Last Will and Testament hereby revoking and making void all former wills by me at any time heretofore made. And as to my worldly Estate and all the property real personal or mixed of which I shall die seized and possessed or to which I shall be entitled to at the time of my decease. I devise bequeath and dispose thereof in the manner following to wit. First my will is that all my just debts and funeral expenses shall by my Executors hereinafter named be paid out of my estate as soon after my decease as shall by them be found convenient. I give devise and bequeath to my wife Rosana Swingle the use of my Household furniture, to one yoak of oxen, 1 cow and farming utensils also the use of the farm that I live on which is the homestead. Also the mowing machine and thrashing machine, the mowing machine & thrashing machine she has no power over only when she wants to use it. The other heirs can use them when my wife is not using them, to have and to hold to her as long as she remains Jacob Swingles widow. Also I bequeath to my wife Rosana Swingle one cow, one hog, 2 sheep, one skip of bees, one pork bbl to be for the sole use of herself her executors administrators and assigns. My wife is to have 20 cords of sawed wood per year if they can saw the same at the saw mill. I give & bequeath to my Grand Children Cristeen Merathew and Malekiah Swingle in part for their portion the farm which I sold to Cristeen Merathew for eighteen hundred dollars which Malekiah Swingle received a note for nine hundred dollars. Then after my death when settled my Estate the said Malekiah Swingle shall have one hundred dollars more than Cristeen Merathew to make them equal. All the rest and residue of my estate real personal or mixed of which I shall die and possessed to which I shall be entitled at my decease I give the mill property starting in the corner of Richard Swingle and Jacob Swingle Swingle’s land South East running at the Pond to the uper pond to high water mark to the corner Miren Merathew all land that belongs to me North West side of the said line also a lot of land North West of Joseph G. Swingles land. Containing one hundred acres of land more or less. Also the property that I willed to my wife which is the homestead farm, mowing machine, thrashing machine which if she gets married this property is to be sold and divided amongst the heirs as will be described hereafter. I give and bequeath to my heirs the said land mentioned to be equally divided amongst the heirs except two hundred dollars is to come out of Nancy Kenedy’s share to the rest of the heirs for land which Jacob Swingle sold to Limon Kenedy also Malekiah Swingle is to have one hundred dollars more than Cristeen Merathew which will make them equal. The heirs is Harmon Swingle, Richard Swingle, Emeline Bates, Nancy Kenedy, Adeline Swingle, D. Swingle, Malekiah Swingle, Cristeen Merathew & Julia Briant. Malekiah Swingle and Cristeen Merathew is only to receive their fathers share. Asten Swingle is the father. I also want to be deducted out of Richard Swingle’s portion one hundred and twenty six dollars which must be divided amongst the rest of the heirs and lastly I do nomine and appoint my said Harmon Swingle & Richard Beers to be the Executors of this my Last will and testament. In testimony whereof I the said Jacob Swingle have to this my last will and testament contained on one sheet of paper and to every sheet therefore subscribed my name and to this the last sheet therefor I have subscribed my name and affixed my seal this 10th day of February 1868.
/s/Jacob Fuller {seal}
Signed sealed published & c. by the said testator as and for his last will and testament in the presence of us who at his request & in his presence and in the presence of each other have subscribed our names as witnesses thereto.
/s/ H. C. Fuller
/s/Jacob Fuller
Wayne County. John Learch & Henry Learch being duly sworn say that they are well acquainted with the handwriting of Hiram C. Fuller & Jacob Fuller who are subscribing witnesses to the Last Will and Testament of Jacob Swingle and that their signatures thereto are genuine and further that the said witnesses are more than one hundred miles from Honesdale & beyond the reach of process to the best of their knowledge & belief.
/s/John Learch
/s/Henry Learch
Sworn & subscribed before me
Aug 1st 1870
/s/ Chas. Menner, Dep. Reg. & Rec.
Codicil to the foregoing will. I Jacob Swingle the within testator do hereby and publish this Codicil to be added to my last will and testament in manner following to wit. I give and bequeath unto my Grand Son Deriois Swingle the contract that I Jacob Swingle holds against John Buckley, dated 26 day of March 1866 for six hundred dollars due first day of April 1872 & all proceeds therefrom. This is a Codicil to be added to & taken as part of the Last will & testament of me Jacob Swingle which bears date the 10th day of February 1868 and do hereby notify & confirm my said will in all respects in witness whereof I have set my hand and seal this 30th day of Nov. 1869.
/s/Jacob Swingle {seal}
Signed sealed published and declared by the said Jacob Swingle as and for a Codicil to his Last will & testament in the presence of us who in his presence and in the presence of each other have at his request subscribed our names as witnesses thereto.
/s/ S. Beers
/s/ L. Hugaborn
Wayne County. This day before me Chas Menner Depty. Register for the Probate of will and granting letters & codicils personally came S. Beers & L. Hugaborn the subscribing witnesses to the above Codicil who being duly sworn do say that they were present and saw and heard Jacob Swingle sign seal publish pronounce and declare the foregoing instrument of writing as and for his Codicil to will and testament and that at the time of so doing he was of sound mind memory and understanding to the best of their knowledge and belief.
Witness my hand and official seal at the Registers Office this 1st day of Aug 1870.
/s/ Chas. Menner, Depty. Reg.
Wayne County. You Harmon Swingle & Richard Beers do swear that as Executors of the Estate of Jacob Swingle late of South Canaan Wayne County Pennsylvania you will well and truly administer the goods and chattels rights and credits of said deceased according to law and that you will faithfully regard and well and truly comply with the provision of the law relating to collateral inheritance tax.
/s/ Harmon Swingle.
/s/ Richard Beers.
Sworn & subscribed before me this 16th day of August 1870
/s/ Chas. Menner, Depty. Reg.
