Return to Tyrrell Co Wills Introduction & Table of ContentsIn the name of God amen: This 5th day of February in the year of our Lord 1806 I James Swain of the County of Tyrell planter being in reasonable health of body and sound and perfect memory thanks be to Almighty God calling to mind the uncertain state of this life and all flesh must yield unto death where its pleased God to call do make constitute ordain and declare this to be my last will and testament and first of all I recomend my soul unto Almighty God that gave it and my body to be buried in a Christian manner by my executors hereafter named and my temporal estate that it hath pleased God to bestow on me I dispose of in the following manner.
I lend to my well beloved wife Anne Swain during her natural life all my movable estate also one negro man named Providence one negro woman named Hannah also the manner plantation whereon I now live during her natural life and after her death to be disposed of in the following manner.
I give and bequeath to my well beloved grandson Benjamin Swain his heirs forever one tract of land whereon my son Jeremiah Swain formily lived containing 145 acres known by the name of the Hoop pole after the death of his mother Mary Swain as it my will that the said Mary Swain should have the use and full possession of said land during her natural life or widdowhood and after her death to Benjamin Swain his heirs & assigns forever---
I give & bequeath to my well beloved son Abram Swain one tract of land containing 160 acres it being the land whereon I now live known by the name of the red oak ground one half of my big rowing canoe one negro woman named Hannah one desk one feather bed & furniture to him his heirs & assigns forever.
I give and bequeath to my son Elikam Swain his heirs and assigns forever the manner plantation whereon I now live containing 160 acres also seventy acres known by the name of Lazy Hill one negro man named Providence one half of my big rowing canoe one case of bottles one hand mill & half my whip saw.
I give & bequeath to my well beloved son Abram Swain & my well beloved son Elikam Swain their heirs and assigns forever on hundred and forty acres of cypress swamp lying on the had of Second Creek down to the brig. I give & bequeath to my daughter in law Mary Thoroughgood her heirs and assigns forever 1S sterling.
I give and bequeath to my well beloved daughter Mary Armstrong her heirs and assigns forever one shilling current money.
I give all the remaining part of my estate after the death of my wife to be equally divided into four equal parts and I give three of said parts to my well beloved son Abram Swain and my well beloved son Elikam Swain their heirs and assigns forever and the other fourth part I give and bequeath to my well beloved grandaughters Rosinna & Marth Swain their heirs and assigns forever ---
I here by appoint my well beloved wife Anne Swain and my well beloved son Elikam Swain Executrix and Executor of this my last will and testament in witness whereof I the said James Swain have hereunto set my hand and affixed my seal the day and date above written Signed Sealed and Pronounced by the said James Swain as his last will and testament in the presence of us
James Swain (seal)
Joseph Francis
Armsted Parisher
Devotion Parisher
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
October Session 1807
The last will and testament of James Swain deceased was proved in court by the oath of Devotion Perisho and Armstead Perisho subscribing witnesses to said will which is filed.
Elicum Swain came into court and quallified as executor to the last will of James Swain deceased and he also returned on oath the inventory of the said estate.
Ordered that Elicum Swain have leave to sell the perishable part of the estate of James Swain deceased and make return to next court.
Ordered that Solomon Hassell John Hassell and M. E. Cator Esqr. be appointed to divide the estate of James Swain deceased and make return to next court.
March Session 1810
Elicum Swain returned on oath two accounts of sales of the property of James Swain Senr. deceased filed.
April Session 1811
Elikim Swain returned in court the audited and settled accounts between the estate of James Swain deceased and the executor and a ballance appears to be due the estate of 72 pounds, 4 shillings & 2 pence filed.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.52), Box 52
Swain, James Senr., 1807
Audit and division of the estate of James Swain deceased dated 8 Mar 1811. Audit finds a balance due the estate of 72 pounds, four shillings and 2 pence. That amount divided according to the last will and testament of James Swain deceased among Abraham Swain Eliakim Swain Rosanah Swain and Martha Swain.
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Transcriber's Note:
The Jeremiah Swain referred to as a deceased son in this will is the Jeremiah Swain who died circa 1805 in Tyrrell County.