In the name of God amen: This second day of August seventeen hundred and seventy I, Mathew Caswell of Tyrel County in the Province of North Carolina Planter being sick and weak in body but of sound and perfect memory thanks be given to God for the same therefore calling to mind the mortality of my body and knowing it is apointed for all men once to die do make and ordain this my last Will and Testament in the forme and manner following that is to say princapally and first of all I recommend my soul into the hands of God who gave it me and my body to the Earth to be buried in a Christain Burial at athe discression of my Executors hereafter names and as touching such worlkdly Estate wherewith it hath pleased God to bless me with in this life I dispose of the same in manner and form following.
Imprimis - I gave and bequeath unto my beloved son Absolam Caswell the plantation and one hundred and fifty acres of land moore or less being the land that bought of Nathan Bateman on the east side of Scupernong River unto him and the heirs of his body lawfully begotten forever.
Item - I give and bequeath to my veloved son Isaac Caswell eighty six acres of land on the East side of the Holley Branch be the same moore or less beginning at the outlet branch runing up the Holley Branch to the back line unto him and the are of his body lawfully begotten forever.
Item - I give and bequeath unto my beloved son John Caswell eighty six acres of land on the West side of the Holley Branch be the same moore or less joining his brother Isaac Caswells beginning at theoutlet Branch runing up the Holley Branch to the back line unto him and his heirs lawfully begotten forever.
Item - I give and bequeath to my three sons that is to say Absolam Caswell Isaac Caswell and John Caswell all my Juniper Swamp on the East side of the river it being the swamp joining the plantation that I gave to my son Absolam Caswell to them and their airs and assignes forever but and if either of them should quarrel two about the swamp that then the other brother shall cut them out of their rite of the swamp with twelve pence apeace if this quarrel should arrise after they come of twenty one years of age.
Item - I give and bequeath to my well beloved daughter Pattey Caswell one cow yearlin and her increes one puter dish one puter bason three puter plates six puter spoons one chest loock and kee one iron pott two hoogs.
Item - I give and bequeath to my well beloved daughter Lovey Caswell one cow yearlin and her increes one puter dish one puter bason three puter plates six puter spoon one chest loock and kee one irou pott two hoogs.
Item - I give and bequeath to my well beloved wife Elizabeth Caswell all the rest of my moveable Estate with one third part of the plantation that I gave to my son Absalom Caswell for her life onley she paying all my debts and funeral charges bringing up my children with love and care.
Item - I make constitute and ordain my beloved wife Elizabeth Caswell Executrix and my friend Nathan Batman Senr. And my friend Joseph Ansley executors of this my last Will and Testament utterly saialowing and disanuling all other allowing this and no other to be my last Will and Testament In witness whereof I have hereunto set my hand and seal the date above written Signed Sealed Published Pronounced and Declaired by the said Mathew Caswell as his last Will and Testament.
(Seal)
In the presence of us
Joseph Arnold
Jemima (her -x- mark) Caswell
Bethias (her -x- mark) Bateman
Recorded Augt 1st 1774
By Fr. Ward Clerk
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
May Session 1771
Personally appeared Joseph Arnal and proved the last will and testament of Mathew Caswell and on his oath sayeth that he was of sound disposing mind and memory and that he saw Jimimah Caswell and Bethine Bateman sign as witnesses.
Personally appeared Elizabeth Caswell and duly qualified executrix to the last will and testament of Mathew Casewell deceased.
August Session 1772
On motion of Mr. Wiriot Ormand in behalf of Nathan Bateman is appointed guardain of John Caswell and Mathew Caswell and Lovey Caswell orphans of Mathew Caswell.
November Session 1777
Appeared Nathan Bateman Senr. guardain to the orphans of Mathew Caswell deceased in open court and exhibited an account of 48 pounds & 8 pence due to the said orphans from the said Nath. Bateman ordered to be filed.
Ordered that Nathan Bateman Senr. sell the perishable part of the estate of Mathew Caswell as the law prescribes and make return to the next court.
May Session 1778
Appeared Nathan Bateman and exhibited an account of sales of the estate of Mathew Caswell deceased on oath and ordered to be filed.
October Session 1779
Nathan Bateman Senr. guardain to the orphans of Matthew Caswell exhibited his accounts against sd. orphans orderede to be filed and there appears a ballance due said orphans of {unreadable}.
October Session 1780
Nathan Bateman returned into open court on oath his guardian account of the orphans of Mathew Caswell deceased and there appears a ballance due to said orphans of 72 pounds, 9 shillings & 1 1/2 pence ordered to be filed.
October Session 1781
Nathan Bateman returned into open court on oath an acct. of the estate of Mathew Caswell deceased and there appears a ballance due the orphans of sd. Caswell of 217 pounds.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.12), Box 12
Caswell, Matthew, 1762
Bond dated 26 Jul 1772 in the amount of one thousand pounds appointing Nathan Bateman Senr. guardian to John Caswell, Matthew Caswell & Lovey Caswell orphans of Matthew Caswell deceased, Abraham Smith & Saml. Spruill securities.
Summons dated 17 May 1774 (?) for John Jackson to appear at court on the third Tuesday in August next to answer the petition of Nathan Bateman guardian to John Caswell, Matthew Caswell & Lovey Caswell.
Petition 16 May 1775 by Nathan Bateman guardian to the orphans of Matthew Caswell deceased to allow use of the rent of their lands for their maintenance.
Execution dated 8 Apr 1785 and issued 25 May 1785 against the goods & chattels, lands & tenements of Matthew Caswell deceased for nine pounds, three shillings & seven pence which George Brownrigg recovered against Nathan Bateman executor of Matthew Caswell deceased for debt, damages & costs.
Transcriber's Notes:
Remaining papers in the 1762 file of loose estate papers for Matthew Caswell are for a different Matthew Caswell who wrote his will in 1754.
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