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North Carolina
Tyrrell County
Book 1, page 62
8 February 1765
In the name of God amen: I John Swain Senr. of the County of Tyrrel in the province of North Carolina being sick in body but of sound and desposing mind and memory praised be the Almighty do make and ordain this my last Will and Testament in manner following Viz: & first I recommend my soul to God my maker and as to such worldly goods as it hath pleased God to bless me I give and bequeath the same in manner Viz: First I give and bequeath unto my son John Swain all the eastermost part of my land whereon I now live beginning at the head of the glade at James Learys line and runing down the glade to Williames thickett then across the ridge as the fence goes to the back line and all my lands that is easterly of the said bounds to him and his heirs forever I also give and bequeath to my said son John Swain liberty of a road ten foot wide through my lands down to the river side and also twenty five feet square of land near the bankhead to build a house on to him and his heirs forever I also give and bequeath unto my said son John Swain my beed that I lye on one woosted rugg on pair of sheets one duck blankett and beesteed and cord one bolster and pillow one oval table and one large looking glass ---
Item - I give and bequeath to my daughter Jemime one cow and calf.
Item - I give and bequeath to my grand daughter Kezia Long one cow and calf and one young mare runng at the marked holly.
Item - I give and bequeath unto my grand daughter Jemime Long one cow & calf.
Item - I give and bequeath unto my daughter Kezia Learey one cow and calf.
Item - I give and bequeath unto my daughter Easter Long one cow and calf.
Item - I give and bequeath unto my daughter Precilla one shilling sterling.
Item - I give and bequeath unto my daughter Hannah one shilling sterling.
Item - I give and bequeath all my iron pots and all my pewter and my still to be equally divided between my two sons John and Joshua.
Item - I give and bequeath all the residue of my lands to my son Joshua and the heirs of his body lawfully I begotten and for want of such heirs to my son John Swain and his heirs I also give and bequeath to my son Joshua all the residue and remander of my whole Estate of horses cattell and hogs household goods and utensels and all my other Estate of what nature or kind soever ---
Item - I do hereby constitute and ordain and appoint my two sons John and Joshua Executors of this my last Will and Testament and I do hereby revoke and disannull all former and other Wills by me made.
In testimany whereof I the said John Swain have signed sealed & published this my last Will and Testament this eight day of February Ammo Dom. 1765.
John (his -x- mark) Swain
Signed sealed and published
in the presence of
Thos Leary
Henry Downing
Joshua Leary Jurt.
Recorded by Fr. Ward Clerk
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
September Session 1766
Personally appeared Joshua Learey and on his oath proved the last will and testament of John Swain deceased and on his oath saith that he was of sound mind & memory & at the same time he saw Henry Downing & Thomas Learey sign as witness at the same time.
At the same time appeared John Swain and Joshua Swain executors of the last will and testament of John Swain deceased and qualified according to law.
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