In the name of God amen: 28th August Anno Domini 1787 and in the eleventh year of our independency - I John Swain Senr. of the County and State aforesaid being in the sound use of my memory and judgement considering that I must shortly leave this present world, according to the course of nature, and will of God do make and ordain this my last Will and Testament, in the following manner and form Viz. Principally and first of all that when it shall please Almighty God to call me hence, my body be decently interred as my Executors shall direct and that my worldly Estate be disposed oft the following manner, and it is hereby solemnly unalterably disposed of according to my last and final Will and pleasure there anext.

Eleazer Swain his bequeathment -

I give and bequeath to my well beloved son Eleazer Swain my Plantation and land on the North side of Glade Swamp containing by estimation one hundred acres more or less to him nad his heirs forever and likewise fifty acres of land lying on the South side of the Mark Poplar Swamp be it more of less and also a road fifteen foot wide through the land which I presently possess myself, as his property and as the heridatable property of his heirs forever but with this positive and express encumbrance that any other sons particularely John and Cornelius shall have the priviledge of and free liberty to use the same as their necessity may require passing backward and forward.

John Swain his loan: and bequeathment to his son & c.

I lend the Eastermost part of my land and Plantation I now live upon bounded by posts and marked trees from Glade Swamp to Mark Poplar Swamp to my son John Swain to be occupied and possessed by him during his life farther I give and bequeath to my grandson Simeon Swain son to the said John Swain to be possessed and occupied by him and his heirs forever the said Eastermost part of the said Plantation bounded as mentioned above to the enjoyment of which he shall enter at his father John Swains death - I do likewise lend to my said son John Swain the land and Plantation he now lives upon known by the name Papa thicket containing sixty acres more of less ( except a small piece of land on the East side of Elm Swamp ) to be occupied and possessed by him during life - And after his dicease I give the same land and Plantation except that small piece the East side of elm swamp mentioned in the marginal note to Samuel Swain and his heirs forever -

I give and bequeath to my well beloved son Cornelius Swain the Westermost part of my land and Plantation whereon I presently live, and back to my son John's line containing about two hundred acres more or less - As also the piece of land on the East side of elm swamp containing fifteen acres more or less, mentioned in the marginal note, being part of my patent bearing date one thousand seven hundred and fifty two years to him and his heirs forever-

I give and bequeath to my three sons namely Eleazer John and Cornlius Swain the road that I possess to enjoy by virtue of a bequeathment of my father to me and which runneth through my brother Joshua's patent down to Albermarl Sound to them and their heirs forever.

I give to John Skinner son to Evins Skinner and my daughter Sarah Skinner and his heirs forever one hundred acres of land joining a line of marked trees on the East side and Joshua Swain and John Long's line to the North and back from thence to make the aforesaid compliment of one hundred acres being part of my patent bearing date one thousand seven hundred and eighty three years.

I do give to my grandon Charles Chesson one hundred adjoining my grandson John Skinner's line being part of the above patent to him and his heirs forever.

I give to my three daughters namely, Mary Keziah and Penelope three hundred and eleven acres being the remainder of the above mentioned patent and adjoining my aforesaid grandson Charles Chessons line to them and their heirs forever.

Having thus by this my last Will and Testament dividing and disposed of my heritable property I do hereby ordain and will that all and whole what shall be found remaining moveable Estate or property left by me negroes and others be equally divided among my children Viz. My sons Eleazer John and Cornelius, and my daughters Sarah Priscilla Mary Keziah Penelope to them and theirs heirs forever.

And finally forgot to mention in its proper place a road that I recollect may on a future be necessary, to the above mentioned John Skinner I do give and bequeath to him and his heirs forever a road fifteen foot wide leading from the main road by a Southward direction as may be found most convenient to the extreme of my back line.

And lastly I do nominate and appoint Jeremiah Fraiser John Leary and Cornulius Leary Executors of this my last Will and Testament to see that every thing herein contained be amply comply'd with and fulfilled according to the true sence intent and meaning thereof - And I do hereby utterly revoke disallow and disannul all and every other former Will Legacies or Bequests made me heretofore ratifying and confirming this and no other to be my last Will and Testament - In Witness whereof I have hereto set my hand and seal on this day and date above mentioned. Viz. the twenty eightth day of August one thousand seven hundred and eighty seven years at the house of the said John Swain -

Sign'd Sealed & Published by him the said John
Swain Senr. and Declared by him to be
his last Will and Testamen in presence
of the subscribers -

* Words in parenthesis marginal note in original book

Minutes
Tyrrell County Court of Pleas & Quarter Sessions

April Session 1789

The last will and testament of John Swain deceased exhibited into court by John Leary executor and proved by the oath of Lott Pratt and ordered to be recorded, also the said John Leary, Jeremiah Frasier & Cornelius Leary executors left by the said deceased in his will appeared in court and qualifyed as executors agreeable to law.

Transcriber's Notes:
Tyrrell County marriage bonds shoe the marriage of Samuel Chesson to Priesila Swain in 1778, Samuel Spruill & Godfrey Phelps securities; also, Evan Skinner to Sarah Swain on 5 Apr 1779, James Wood & Jno. Spencer securities.

Return to Tyrrell Co Wills Introduction & Table of Contents

Updated April 6, 2018
Jean H. Pennell