SWAIN, JOHN
State of North Carolina
Imprimis - Also I constitute ordain and appoint my son Nathaniel Swain my Executor also
my son in law Joseph Analy Executor with him.
Item - I give and bequeath to my well beloved son Jeremiah Swain fifty acres of land it
being one half of the land that was once Joseph Whidbes it being the land bought at
vendue it being the South West end of the said land lying on the south of Alagator Creek
to him and his heirs forever.
Item - I give and bequeath to my well beloved son Nathaniel Swain fifty acres of land it
being the other half of the land and Plantation that was once Joseph Whidbes lying on
the South side of Little Alagator Creek to him and his heirs forever, also one feather
bed and furniture thereunto belonging to him and his heirs forever -
Item - I give and bequeath to my son James Swain sixty acres of land lying on the East
side of the Spring Branch to him and his heirs forever one feather bed and furniture
thereunto belonging.
Item - I give and bequeath to my son George Swain one cow and calf to him and his heirs
forever.
Item - I give and bequeath to my son John Swain one cow and calf to him and his heirs.
Item - I give and bequeath to my son Spencer Swain one cow and calf to him and his
heirs.
Item - I give and bequeath to my son Joshua Swain sixty acres of land lying on the West
side of my Great Ditch the course of the said ditch to James Swain line to him and his
heirs forever also one cow and calf to him and his heirs.
Item - I give and bequeath to my son Jesse Swain one cow and calf to him and his heirs.
Item - I give and bequeath to my son Timothy Swain sixty acres of land it be the
Plantation and house whereon I now live lying between the great Ditch and the Spring
Branch running up the side Branch to the back line Also one cow and calf to him and his
heirs forever.
Item - I give and bequeath to my son Titus Swain one cow and calf to him and his heirs.
Item - I give and bequeath to my daughter Ann Swain one feather bed and furniture
thereunto belonging also one three year old heifer to her and her heirs.
Item - I give and bequeath to my daughter Joanna Swain one feather bed and furniture
thereunto belonging to her and her heirs.
Item - I give and bequeath to my daughter Betsey Swain one feather bed and furniture and
curtains thereunto belonging to her and her heirs.
Item - I give and bequeath to my daughter Sarah Swain one feather bed and furniture
thereunto belonging to her and her heirs.
Item - I leave one hundred ares of land to be sold to pay my debts which is known by the
name of the Mark Maples.
Item - My Will is to be understood so that I leave all other my movables Estate is to be
sold and the money and all my negroes to be equally divided amongst my children which
have no land which is to them as follows Mary Angaly Ann Swain Betsey Swain, Sarah Swain
George Swain John Swain Spencer Swain Jesse Swain Titus Swain.
Lastly - My Executors pay my funeral charges and all other lawfull debts and do hereby
utterly disallow revoke and make void all and every other former Wills Testaments and
bequeath whatsoever by me heretofore made ratifying and confirming this and none other
to be my last Will and Testament in Witness whereof I the said John Swain have hereunto
set my hand and seal the day and year above written,
Signed Sealed Pronounced and Declared
Minutes
Tyrrell County
Date 3 May 1790
In the name of God amen: The third day of May one thousand seven hundred and ninety I
John Swain of Scupperlong Planter being sick and poorly but in perfect mind and memory
thanks be to God for the same calling to mind the mortality of my body and knowing that
it is appointed for all men once to die do make and 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 a
decent and Christian like manner at the discretion of my executors nothing doubting but
at the General Resurrection 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 demise and dispose of the same in the following manner.
by the said John Swain in the presence of.
Tyrrell County Court of Pleas & Quarter Sessions
July Session 1790
The last will and testament of John Swain son of Jereh. exhibited into court by Joseph Ansly and proved by the oath of Abraham Swain, ordered filed, recorded, also Joseph Ansly & Nathaniel Swain qualifyed executors to the said deceased last will.
Joseph Ansly Junr. returns into court an inventory of the estate of John Swain son of Jerh. deceased on oath ordered filed.
July Session 1792
Ordered that Joseph Ansly Junr. bring to next court Sarah, Jesse & Timothy Swain orphans of John Swain deceased which are in his possession to be dealt with as the court may think proper.
October Session 1792
Ordered that Jesse Swain orphan of Jno. Swain deceased be bound unto Joshua Tarkinton until he arrive to the age of 21 years & that he learn him to read write & cypher as far as the rule of three & the art & mistery of a cordwinder.
Ordered that Sarah & Timothy Swain orphans of John Swain deceased be bound unto Capt. James Swain until they arrive to law age and to learn the girl to read & write & the boy to read, write & cypher as far as the rule of three, also to learn the said Timothy & the art & mistery of a cordwinder.
January Session 1793
Ordered that Capt. James Swain be allowed the sum of 8 pounds for keeping an orphan boy named Timothy Swain son of John Swain deceased for one year to commence from October Term 92 & that the executor pay the same.
October Session 1793
Ordered that James Swain be allowed ten pounds for the support & maintenance of Timothy Swain orphan of John Swain deceased to be paid by the executor.
July Session 1798
Ordered that Joseph Phelps & Daniel Davenport Esqrs. & Asa Phelps be appointed to audite and settle the accounts of Joseph Ansley executor of John Swain with Charles Spruill guardian and make returns to next court.
July Session 1802
In the suit John Swains heirs vs. the executor, the accounts and vouchers between the parties appear so deficient that the jury can not understand them it is therefore ordered that they be referred to William Slade John Roulhac and Joannah Slade & their award to be a rule of court to this term.
November Session 1808
Ordered that the accounts between the heirs of John Swain and their guardian be audited and returned to next court.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.52), Box 52
Swain, John, 1792
Petition July Term 1799 by Sarah Swain George Swain Joshua Swain Jesse Swain & Timothy Swain infants under the age of twenty one by Charles Spruill Esquire their guardian. The petitioners state that their father, John Swain deceased, left a will appointing Joseph Ansley Junr. executor of his estate. The petitioners and other children are entitled to a distributive share of the personal estate. The time allowed for payment of the debts of the estate has passed and said executor continues to refuse to pay the petitioners their shares.
Division of the estate of John Swain son of Jeremiah deceased on 3 Jul 1795 among the representatives:
Divided to Mary Ansley one negro girl with Joseph Ansley husband of Mary Ansley paying excess value of her
share to other heirs.
Divided to Ann Tweedy one negro woman & child and Devotion Tweedy paying excess value of her share to other heirs.
Divided to Joanna Jonston one negro man with Job Johnson paying excess value of her share to other heirs.
Betsy Twidy wife of John Twidy cash.
Sarah Swain cash.
George Swain cash and proceeds of sale at vandue of cow & calf willed to him.
John Swain cash and proceeds of sale at vandue of cow & calf willed to him.
Joshua Swain for the cow and calf willed to him.
Timothy Swain for the cow and calf willed to him.
{This was a copy of the original made on 22 Nov 1795.}
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