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North Carolina
Tyrrell County
Book 1, page 47
Dated 11 April 1763
In the name of God amen: I James Swaine of Tyrrel County in North Carolina being in perfict helth mind and memory thanks be to Allmighty God for the same therefore calling to mind the mortallity of my body do make this my last Will & Testament in manner and form following Viz: First and principally I recommend my soul into the hands of Almighty God who gave it & my body to the Earth to be decently buried according to the duretion of my Executors herein after mentioned & as to such worldly Estate where with it hath pleased God to bless me I dispose of as followes.
Imprimis - I give and bequeath to my well beloved son John Swain and James Swain all my Island land to be divided between them as followes to wit beginning at the head of the great swamp thence a streight course to the ditch in the open plantation thence along the ditch to a great swamp thence down the swamp to the Devils Gutt the lower part to my eldest son John Swain & the upper part to my son James Swain also I give to my son James my negro fellow called Mingo and one white horse call Frolick & one beed & furniture and my owne hunting gun.
Item - I give my well beloved daughter Mary Daniel six shillings sterling I also give to my well beloved daughter Patience Smith six shillings sterling.
Item - I give to my well beloved daughter Ann Ray six shillings sterling.
Item - I give to my well beloved daughter Sary Price six shillings sterling.
Item - I give to my well beloved daughter Elizabeth Swain six shillings sterling.
Item - I give to my well beloved daughter Hannah Ward six shillings sterling.
Item - I give to my well beloved daughter Susanah Swain six shillings sterling.
Item - I give to my well beloved wife Elizabeth Swain all & every particular before mentioned & all the rest of my Estate wherewith I am passest to be for her use and benefit during her ife time at her death for her to dispose of as she shall think best I also make and ordain my eldest son John Swain and my youngest son James Swain and my wife Elizabeth Swain Executors and I do hereby utterly disallow revoak and disannul all and every other former Testaments Wills Legacies Bequests and Exectors by me in any ways before this time named Willed and bequeathed retifying and confirming this and no other to be my last Will and Testament In witness whereof I have hereunto set my hand and seal the day and year above written.
James (his -x- mark) Swain
Signed sealed and declared to be
the said James Swaine as his last
Will and Testament in the presence
of us the subscribers that is to say
John Mizell Jurt.
Sarah (her -x- mark) Mizell
W. M. Mizell
Recorded by Fr Ward Clerk
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
June Session 1763
Personally appeared John Mizell on his oath proved the last will and testament of James Swain and saith that he saw James Swain sign seal and declare the writing to contain his last will and testament and that he was of sound mind and memory and that he saw Sarah Mizell & William Mizell sign as witnesses at the same time.
Personally appeared John Swain and qualifyed executor of the last will and testament of James Swain deceased by taking yje oath appointed by law.
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