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North Carolina
Tyrrell County
Original Will at N. C. Archives
May 24, 1873
In the name of God Amen.
I Job A. Swain of the county of Tyrrell and state of North Carolina, being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare this my last will and testament in manner and form following, that is to say:
1st. That my executor (hereinafter named) shall provide for my body a decent burial, suitable to the wishes of my relations and friends, and to pay all funeral expenses, together with my just debts, howsoever and to whomsoever owing, out of the moneys that may first come into his hands as a part or parcel of my estate.
2nd. It is my will and desire that my beloved wife Francis Swain to have the whole of my estate both real and personal during her natural life, and at her death and in that case my will and desire is that my son Joseph M. Swain heir the whole of said property both real and personal, except five dollars I give and bequeath to my son Nathan Swain to be paid to him by my executor hereinafter named.
3th. And lastly - I do hereby constitute and appoint my beloved wife Francis Swain and my beloved son Joseph M. Swain my lawful executors to all intents and purposes, to execute this my last will and testament, according to the true intent and meaning of the same, and every part and clause thereof - hereby revoking and declaring uterly void all other wills and testaments by me heretofore made.
In witness whereof, I the said Job A. Swain, do hereunto set my hand and seal this the 24th day of May A.D. 1873.
Job A. (his mark) Swain
Signed, sealed, published and declared
by the said Job A. Swain, to be his last
will and testament, in the presence of
us, who, at his request and in his
presence do subscribe our names as
witnesses thereto.
Benj. F. Sikes
B. F. Owens
Tyrrell County Superior Court
A paper writing purporting to be the last will and testament of Job A. Swain bearing date of May 24th 1873 with
the names of Benj. F. Sikes and B. F. Owens as subscribing witnesses thereto is exhibited in court by
Joseph Emanuel Swain the executor therein named and the execution of same is proved by the oath and examination
of Benj. F. Sikes and B. F. Owens who being duly sworn depose and say, and each for himself deposes and says,
that on the day and date named in said paper writing the said Job A. Swain in the presence of them did sign, publish
and declare the same to be his last will and testament and that they the said subscribing witnesses, the said B. F.
Sikes and B. F. Owens, in the presence of each other and in the presence of and at the request of said Job
A. Swain, subscribed their names as attesting witnesses to the same, and also that according to their best knowledge
and belief the said Job A. Swain was of sound mind and memory and capable of making a will and testament.
B. F. Sikes
B. F. Owens
Sworn to and subscribe before me April 28th 1884. T. L. Jones Clerk
Tyrrell County Superior Court
In the matter of
the last will and
testament of
Job A. Swain decd
To the Clerk of the Superior Court of Tyrrell County:
I, Frances Swain do hereby renounce my right to qualify as executrix to the last will and testament of Job A. Swain deceased.
Frances (her mark) Swain
Witness:
E. Hopkins Jr.
State of North Carolina
Tyrrell County
SS. In the Probate Court
I, Joseph Emanuel Swain do solemnly swear that I believe this writing to be the Last Will and Testament of Job A.
Swain deceased; and that I will well and truly execute the same by first paying his debts and then his legacies, as far
as the said estate shall extend, or the law will charge me; and that I will well and faithfully execute the office of an
executor agreeable to the trust and confidence reposed in me, and according to law, so help me God.
Sworn and subscribed before me, this 12th
day of Jul 1884.
J. E. Swain
T. H. Jones
Clerk Superior Court
Tyrrell County - Superior Court
Joseph Emanuel Swain
To
The Court
The petition of Joseph Emanuel Swain respectfully represents:
That on about the 11th day of April 1884 his father Job A. Swain died domiciled in Tyrrell County leaving a last will
and testament in which he appointed this affiant, naming him Joseph M. Swain, and Francis Swain as executors
to the said will and testament. That the persons named in said will and testament and to whom said Job A. Swain
bequeathed and devised his estate are now petitioner named therein Joseph M. Swain and Francis Swain widow
and Nathan Swain son of said Job A. Swain. That the personal estate of said testator is worth about
$125 and consists of house & kitchen furniture, live stock, etc., etc.
That said last will and testament bears date of May 24, 1873 and has the names of Benj. F. Sikes and B. F. Owens
as subscribing & attesting witnesses thereto, and is now produced in court.
Wherefore your affiant prays that said will & testament be admitted to probate and that letters testamentary on said estate
be issued to him the said Joseph E. Swain
Joseph E. Swain
Sworn to and subscribed
before me June 12 1884
T. L. Jones Clerk
Superior Court
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