Above is the original will found in the NC Archives. The one below with the probate attached is a copy that was transcribed between 1890-1903 and there are discrepancies between the two of them.August the 3d 1869
I megatling Swindell doe for the natural love and affection that I have for him doe give my son Joel J. Swindell 25 acres land on the north Side of the patent - all so 1 cow name Jule 1 bed.
All So I give my son John 25 acres of land containg my house and plantation 2 cows and 1 calf.
All So my daughter matilday five Dollars the Balanc to my wife Elisabeth During her life or widdow hood then eaquiel devidded betwen my two Sons above Described.
my ox is to be devided between Joel and betsy.
his
Megatling x Swindell
markDavid A. Spain
S. G. Swindell
August 3d 1869 I Megatling Swindell doe for the natural love and affection that I have for him do give my son Joel J. Swindell twenty five acres of land on the north Side of the patent - allso 1 cow name Jule 1 bed. al so I give my son John twenty five acres of land containing my house and plantation two cows and 1 calf. also my daughter Matilda five Dollars the ballence to my wife Elisabeth during her life or widowhood then equal divided between my two sons above described. My ox is to be divided between Joel and Betsy.
his
Megatlin x Swindell
markDavid A. Spain
S. G. Swindell
State of North Carolina} In the Probate Court
Pamlico County }A paper purporting to be the last will and testament of Megatlin Swindell decd is exibited before me the undersigned Probate in and for said County by __________ and the due execution thereof by the said Megatlin Swindell by the oath and examination of David A. Spain and S.G. Swindell the subscribing witnesses thereto who being duly sworn doth depose and say and each for himself deposeth & saith that he is a subscribing witness to the paper writing now shown them purporting to be the last will and testament of Megatlin Swindell that the said Megatlin Swindell in the presence of these deponents subscribed his name at the end of said paper writing which is now shown and which bears date of Aug 3d 1879 [original will is 1869] and the deponent further says that the said Megatlin Swindell the testator aforesaid did at the time of subscribing his name as aforesaid declare the said paper writing so subscribed by him and exibited to be his last will and testament and these deponents did there upon subscribe their names at the end of said will as an attesting witness thereto and at the request and in the presence of said testator and these deponents further say that at the said time when the said testator subscribed his name to the said last will as foresaid and at the time of the deponents subscribing their names as attesting witness thereto as aforesaid the said Megatlin Swindell was of sound mind and memory of full age to execute a will and was not under any restraint to the knowledge information or belief of this deponents. Sworn to and subscribed this the 19th day Feb. AD 1876 before me.
[clerk's name unreadable]
David A. Spain
S. G. SwindellNote: Megatlin Swindell, born 1809, son of Johnathan Swindell & Fanny Williamson, 1st married Rese Swindell, daughter of John Allison Swindell & Effie Spain; 2nd married Elizabeth (Betsy) Hopkins, daughter of Daniel Hopkins & Mahala Porter
(Source: Pamlico Co., NC Record of Wills Book 1, pgs. 41-42 - from the private collection of William Odell Spain held by Jan Orndorff)
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© 2010 Kay Midgett Sheppard
