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Colony of North Carolina
County of Tyrrell
Dated 28 June 1746
In the name of God Amen the twenty eight of June one thousand and seven hundred forty six: I Jeremiah Swain of Scupperlong Planter being in good health and perfect sense & memory thanks be given to God therfore calling unto
Mind the mortality of my body and knowing that it is appointed for all men once to die do make ordain this my last will and testament that is to say principally and first of all I give and recommend my Soul into the hands of God that gave it and my body I recommend to the Earth to be buried in decent and Christan burial at the descretion of my Executors nothing doubting but at the general resurection I shall receive the same again by the mighty power of God and as touching such worldly Estate wherewith it hath pleased God to bless me in this life I give and demise and dispose of the same in the following manner.
I give to Mary Swain my dearly beloved wife whome I constitute make and ordain my whole and sole Executorix two horses.
I give to my well beloved son John Swain the plantation whereon I now live with two cows and calves & a heipher with a mare & colt and one three year old horse to be delivered to him at the age of sixteen years in case his mother should marry them and their increase to him & his heirs.
I give to my well beloved daughter Mary Swain one hundred and seventy five acres of land with two cows & calves and a young mare & one case of bottles to her & her heirs.
I give to my loving brother James Swain one hundred and twenty five acres of land
I likewise give to my dearly beloved wife Mary Swain all my movable Estate She likewise bringing up my children for the same and paying my funeral charges and all other lawfull debts and demand and I do hereby utterly disallow and revoake all and every other former testament will Leaus and Bequeths and Executors by me in any other named willed and bequeaths ratifying and confirming this and none other to be my last will & testament. In witness whereof I have here unto set my hand and seal the day and date above written.
Jereh Swain
Witness Presence
John Swain
William (his -W- mark) Tarkington
Mary (her -x- mark) West
Tyrrell County
Sept. Court 1747
The within named Executrix Mary Swain appeared in open Court and took the oath of an Executrix according ot Law
Test. Josiah Hart Clerk Court
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
June Session 1758
On motion of Mary Swain praying to be appointed guardain to Mary Swain daughter of Jeremiah Swain deceased. John Tarkington swon.
On further consideration it is ordered that Mary Swain by the consent of Saml. Alexander is appointed guardian to Mary Swain daughter of Jeremiah Swain & that the aforesd. Mary Swain Senr. give security for the estate belonging to Mary Swain Junr. and enters William Mackey & James Swain securities in the sum of two hundred pounds proclamation money.
September Session 1758
On motion of Mary Swain praying an order to take into her hands & possession Mary Swain the daughter of Jeremiah Swain deceased she being by order of this court appointed guardain. Granted according to the prayer of the motion.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.52), Box 52
Swain, Jeremiah, 1758
Bond dated 9 Jun 1758 in the amount of two hundred pounds appointing Mary Swain guardian of Mary Swain, daughter of Jeremiah Swain deceased, William Mackey & James Swain securities.
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