Return to Tyrrell County Probate Records State of North Carolina
Tyrrell County
Book 4 Page 27
Dated 18 June 1874
I Wm B. Swain of Tyrrell County NC being of sound mind and perfect memory, Blessed be God do this 18th day of June in the year of our Lord 1874 Make and published this my last will and testament in manner following that is to day
First I give and bequeath to my well beloved son Charles William Swain a certain tract of land known by the name of the George Swain land and a mule by the name of Kenluck.
2nd I give and bequeath to my son James Warren all of the tract of land where I now live and my mule known by the name of Julia. It is my will for my beloved wife to have the use and full possession of the above Articles during her natural life.
I bequeath to my two sons tow beds to each one of them and one bed to my daughter Martha Spencer. It is my will that enough of my stock be sold to pay all of my debts and the remainder to be equally divided among my three children after the death of my wife.
And I hereby make and ordain my worthy son Chas. Wm Swain Executor of this my last will Testament. In witness whereof the said Wm B. Swain have this my last will and testament set my hand and Seal the day and year above written
(signed) Wm B Swain (his x mark) (Seal)
Witness Tyrrell County in the Probate Court
Wm Reynolds
J (I?) Norman
August 10th 1874
Charles W. Swain Exr of Wm B. Swain shows to the on oath of Wm Reynolds
1st That Wm B Swain is dead leaving a last Will and testament and that he is the executor to the same.
2nd That the estate consists of real and personal property that the value thereof is at this date is nearly as can be ascertained about $1000 and that Marilla the widow and Martha who is intermarried with Benj. Spencer as is now dead, and James Warren Swain and your petitioner who is also a man and the parties entitled under said will as heirs and all being in Tyrrell County NC
3rd Your petitioner pray said will may be admitted to probate.
Sworn and subscribed before me.}
Wm Reynolds
Tyrrell County in the Probate Court
This 10th day of August 1874 was exhibited in open court for probate by Charles W. Swain a paper writing purporting to be the last will and testament of Wm B Swain at which time and place appeared Wm Reynolds & John (I.?) Norman the subscribing witnesses thereto who being sworn swore that the said Wm B. Swain executed the said paper writing as his last will and testament in their presence and at his request they and each of them in his presence did sign the same as subscribing witnesses thereto and that in their opinion the said Wm B. Swain sound mind & memory and was not under any restraint. On motion of the said executor it is declared by the court that the said paper writing propounded as the last will and testament of Wm B Swain and order that the same be recorded together with the certificate and application and affidavit of said executor.
Signed Eli Spruill
Probated Judge
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