Return to the Tyrrell County Probate Records Dated 9 June 1906
State of North Carolina
Tyrrell County
Book 4 Page 203
Dated 9 June 1906
I James Warren Swain of the aforesaid County and state being of sound mind. But considering the uncertainty of my earthly existence do make and declare this my last will and testament.
First. My Executor herein after name shall give my body a decent burial suitable to the wishes of my friends and relatives. And pay all funeral expences out of the first money's coming unto his hands from my estate.
Second. I give and devise to my beloved wife Mary M. Swain the tract of land on which we now live during her natural life time or widowhood which tract is Known in the will as tract No 1 and described as follows. Beginning at the north west corner of Martha L. Reynolds land thence running as the main road now runs a northwardly course four hundred and seventy five 2/3 yards to an oak post opposite near the first cedar thence eastwardly to a path running through my field back of my house on the north side of said path to the woods to the back ditch thence on the east side of the ditch northwardly 100 yards, thence Eastwardly to the back line. Thence with my back line Southwestwardly to the beginning containing about fifty acres. This devise is to be in leu of all dower interest or third in my lands.
Third. I give and devise to my son John P. Swain what is known herein as lot No 2. Beginning at the oak post refered to in lot No 1 on the main road and running northwardly along the main road three hundred and twenty Eight yards to another oak post thence eastwardly along the south side of the road through the field to my back line. Thence along the back line southwardly to the corner of the corner of lot No 1. to the first station containing about fifty acres to him and his heirs forever.
Fourth: I give and devise to my son Jerry L. Swain what is Known in this will as lot No 3. Beginning at the oak post on the main road corner of lot No 2 running thence westwardly along the said road to the turn (cut off) thereof & then northwardly along the said road to W. E. Spencer corner. Thence Eastwardly along Spencer line to the back line thence along the back line to the corner of lot No 2. Thence westwardly along line of No 2 to the first station containing about fifty acres.
Fifth: I give and devise to my son Dennis A. Swain what is known in this will as lot No 4. Beginning (cut off) feet from the south west corner of Engine room of mill house at an oak post running North to the main (cut off) thence along the main road Northwardly to the corner of N. S. Spencer, thence southwardly across the field and along the said Spencer line to J. H. Swain corner (cut off) thence along the J. H. Swains Eastwardly to a poplar thence northwardly along said line to the new public road thence eastwardly along said road & J. H. Swains line to the first station containing about forty acres to him and his heirs forever.
Sixth: All that certain piece or parcel of land known as lot NO 1. and which I devise unto my beloved wife during her natural life or widow hood at her death or remariage I give and bequeath to my beloved Son Warren Elwood Swain to him and his heirs and assigns.
Seventh It is my will and desire that while personal property owned by my beloved wife at our marriage as well as all that we have proc(cut off) since our marriage shall be and remain hers absolute and in fee simple. I also desire and d(cut off) to her my wife Mary M. Swain shall have her choice of my teams one horse or one mule that I may own at my death. also one milk cow and sufficiency of my provisions that may be on hand for a years support of herself and s(cut off) children as shall be with her, one cart & Harness, one buggy, and one brood sow and Eight Pig shoats, and all the Chickens and other poultry i may have at my death to be remain heres absolute.
I hereby direct that all my personal property not otherwise provided for be sold, by my executor herein after named and the proceeds thereof to be applied as follows, First I desire that my two (cut off)hers Ida V. Swain and Lucille Swain by given Eight hundred dollars each to be hed and secured by my Executor until there are regular guardians provided for them.
Eighth. I give and bequeath to my sons J. Walter Swain Wm. D Swain and Jerry L Swain the sum of three hundred dollars each to be paid them by my executor.
Nineth. I give and bequeath to my son Dennis A. Swain one hundred dollars to be paid him by my Executor.
Tenth. If there shall then be a surplus from the sale of Personal estate. I desire same to be equally divided among all my children share and share alike.
Eleventh I give and devise to my children Wm. D. Swain, Dennis A. Swain, Jerry L. Swain, John Swain, Ida V. Swain and Lucile Swain one feather bed with st(cut off) and fixtures complete each to be delivered to them as they severally come of age or should marry.
My desire is that my wife Mary M. Swain shall have all of the farming implements a sufficiency for cultivation the land bequeath to her consisting of one plow one Harrow one climax plow and one cultivat(cut off).
Twelveth. I direct that the Mil house site with improvements with ally my swamp land be sold as private or public sale by my Executor and the proceeds equally divided among all my children & heirs at law share and share alike.
It is my desire that in the sale of my goods wares and merchandise and fixtures therewith that if my son desire to continue in the mercantile business he being a one third owner therein and thereof that he at once take an inventory of the same and that he have a term of three years to make sale and pay over the proceeds thereof at the expiration of which time he shall surrender the premises to those legally entitled to receive the same under this will.
I hereby appoint my worthy and beloved son J. Walter Swain my sole Executor 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 clause & part thereof. Hereby uterly void all other wills by me made.
In witness whereof I the said James Warren Swain do hereunto set my hand and seal this 9th day of June 1906.
J. Warren Swain (seal)
Signed Sealed published and declared by the said James Warren Swain to be his last will and testament in the presence of us. Who at request and in his presence and in the presence of each other do subscribe our names as witnesses thereto.
W. E. Spencer
J. W. Roughton
Dated 9 June 1906
State of North Carolina }ss
Tyrrell County } In the Superior Court
A paper purporting to be the last Will and Testament of J. Warren Swain deceased is exhibited before me the undersigned Clerk of the Superior Court for said County by J. Walter Swain the executor therein mentioned and the due execution thereof by the said J. Warren Swain by the oath and examination of W. E. Spencer, J. W. Roughton the subscribing witnesses thereto who being duly sworn doth depose and say and each for himself deposeth and saith that he is a subscribing witness to the paper-writing now shown him purporting to be the Last Will and testament of J. Warren Swain that the said W. E. Spencer J. W. Roughton in the presence of this deponent subscribed his name at the end of said paper-writing which is now shown as aforesaid and which bears date 9th day of June 1906.
And the deponent further saith That the said J. Warren Swain the testator aforesaid did at the time of subscribing his name as aforesaid declare the said paper-writing so subscribed by him and exhibited to be his last Will and Testament and this deponent did thereupon subscribe his name at the end of said Will as an attesting witness thereto and at the request and in the presence of said testator. And this deponent further saith that at the said time when the said testator subscribed his name to the said last Will as aforesaid and at the time of the deponent's subscribing his name as an attesting witness thereto as aforesaid the said J. Warren Swain was of sound min and memory of full age to execute a will and was not under any restraint to the knowledge information or belief of these deponent. And further these deponents say not.
W. E. Spencer
J. W. Roughton
Severely sworn and subscribed this 21st day of November 1906
G. L. Liverman
Clerk Superior Court
Dated 9 June 1906
It is therefore considered and adjudged by the court that the said paper-writing and every part thereof is the last will and testament of J. Warren Swain deceased. Let the said will together with the probate be recorded and filed.
This 21st day of November 1906.
G. L. Liverman
Clerk superior Court
Dated 9 June 1906
Return to the Tyrrell County Probate Records
Dated 9 June 1906