Return to Tyrrell County Probate RecordsState of North Carolina
Tyrrell County
Original Will
Dated 25 February 1812
In the name of God Amen: This 25th day February in the year of our Lord 1812. I Eliachim Swain Senior Of the County of Tyrrell planter, being in reasonable health of body & of sound & perfect mind & memory thanks be to almighty god, calling to mind the uncertain state of this life & that all flesh must yield unto death when it pleases God to call do make constitute ordain & declare this to be my last will & testament, in the manner & form following, revoking & anulling by these presents all and every will or wills by me made, either by word or writing & this only is to be taken for my last will & testament & none other; First of all I recommend my soul to God that gave it, when it is his will to call & my body to buried in a Christian like manner by my executors hereafter named & my temporal estate, that it hath pleased God to bestow on me, I dispose of in the following manner.
Item - I lend to my well beloved wife Ann Swain during her lifetime or widowhood the plantation whereon I now live, also I lend her two negroes during her lifetime or widowhood named Providence & Hannah. One feather bed & furniture & after her death or intermarriage to be disposed of in manner & form as follows - -
Item -I give unto my well beloved son James Swain a tract of land beginning at the Red Oak branch, running down the creek to a line of marked trees, running from thence to Jesse Swain's line for which land I have executed a deed to said James Swain. I also give to my said son James Swain his heirs & assigns forever one cow & calf
Item - I give & bequeath to my well beloved daughter Sally Cahoon, her heirs & assigns forever one cow & calf.
Item - I give & bequeath to my well beloved son Eliakim Swain Junior, his heirs & assigns forever a tract of land known by the name of Scotia containing one hundred acres more or less; also another tract or piece of land, adjoining the lands I have given my son James Swain, beginning in a branch said Jas. Swain'ss corner tree, then running down the creek swamp to another branch, then up said Branch to a line of marked trees, Devotion Perishers line containing 100 acres more of less - - one feather bed & furniture & one cow & calf - - also 100 acres cypress swamp
Item - I give to my well beloved daughter Polly Swain her heirs & assigns forever one feather bed & furniture & one cow & calf - - -
Item - I give & bequeath to my well beloved son Lovic Swain his heirs & assigns forever the plantation whereon I now live after the death or intermarriage of my wife Ann Swain, also one cow & calf & one bed & furniture - - 100 acres of cypress swamp - - -
Item - I give & bequeath to my well beloved daughter Betsey Swain, her heirs & assigns forever, one cow & calf & one bed & furniture - -
Item - I give and bequeath to my daughter Nancy Swain her heirs & assigns forever, one bed & furniture & one cow & calf - -
Item - I give & bequeath to my well beloved daughter Affa Swain her heirs & assigns forever one feather bed & furniture & one cow & calf - -
Item - I give & bequeath all the remainder of my estate not before given away to my four youngest children, to be equally divided among them or their heirs - -
Item - I give to my sons, Eliakim & Lovic Swain after the death of my wife Ann Swain negro Providence
Item - I give to my daughter Mary Swain after the death of my wife Ann Swain negro Hannah - -
Item - And I hereby appoint my well beloved wife Ann Swain and my well beloved son Eliakim Swain Junior executrix & executor of this my last will & testament, in witness whereof I the said Eliakim Swain have hereunto set my hand and affixed my seal, the day & date first written.
Eliakim (his -x- mark) Swain (Seal)
Signed sealed & pronounced by the
said Eliakim Swain as his last
Will & Testament in the
presence of us - - -
Solom Hassell
William (his -x- mark) Cohoon
Tyrrell County
Jany Term 1813
This will was proved in open court in due form of law by the oath of Solomon Hassell Esqr. a subscribing witness
who swore he saw Wm. Walker the other witness sign it also.
Charles Spruill Clk.
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
January Session 1813
The last will and testament of Elikim Swain was proved in open court by the oath of Solomon Hassell Esqr. filed.
April Session 1813
Ann Swain widdow of Elikim Swain returned in court on oath an inventory of the estate of Elikim Swain filed.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Eliakem Swain to Ann Jennett in the Oct 1783 term, William Swain security; also
Sally Swain to William Cahoon on 18 Oct 1810, James Swain (son of Elikim) security.
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