Return to the Tyrrell County Probate Records State of North Carolina
Tyrrell County
Book 4, page 382
Dated 2 January 1913
I, J. 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 declare this my last Will and Testament hereby revoking and declaring utterly void all other Wills by me hereofore made:
Item - My executor hereinafter named shall have my body buried in accordance with the wishes of my relatives and friends, my place of burial marked by a suitable tombstone and pay all cost thereof. All my just debts by me owing at the time of my death shall be paid out of the first monies coming into his hands belonging to my estate.
Item - I give and devise to my nephew William Carney Swain, son of my brother W. R. Swain, the tract of land in Columbia Township, Tyrrell County whereon my father Timothy Swain last lived and died, together with the buildings and improvements thereon, to him and his heirs in fee simple forever.
Item - I give devise and bequeath to my brother H. F. Swain all of the rest and residue of my estate, both real and personal, of which I may die seized and possesed of, meaning to give to him everything which I may own at the time of my death not herein disposed of, and meaning to give to him any property of any kind which I may hereinafter acquire as well as the property now owned by me and not herein otherwise disposed of.
Item - I hereby constitute and appoint Mark Majette my whole and sole executor of this my last Will and Testament, to execute the same according to the true meaning and intent thereof.
In witness whereof, I do hereto set my hand and seal this the 2nd day of January, 1913.
J. A. Swain (Seal)
Signed, sealed, published and declared by the said J. A. Swain to be his last Will and Testament in the presence of us, who in his presence and at his request, and in the presence of each other have hereto set our names as subscribing witnesses thereto.
H. S. Swain
E. L. Brickhouse
State of North Carolina
Tyrrell County
Superior Court
In the matter of the Will of J. A. Swain, deceased.
The paper - writing hereto attached and purporting to be the last Will and Testament of J. A. Swain, deceased, is exhibited by Mark Majette, the executor therein named, thereupon the following proof thereof is taken by the oath and examination of H. S. Swain, one of the subscribing witnesses thereto, and of Ephraim L. Brickhouse as follows:
H. S. Swain, being duly sworn, deposes and says that he is a subscribing witnesses to the said paper - writing now shown him purporting to be the last Will and Testament of J. A. Swain, and that he saw the said execute this writiting as his last Will and Testament. Further the said H. S. Swain attested that at the time that J. A. Swain executed the Will, he was of sound mind and disposing memory. The affiant further swears that Ephraim L. Brickhouse the other subscribing witness to the said Will signed the same as a witness in the presence of the affiant and that the affiant saw him sign the same, and that the said Ephraim L. Brickhose now resided outside the State of North Carolina.
Subscribed and sworn to before me;
Dated this the 16th day of May, 1919
W. N. Norman
Clerk of Superior Court
North Carolina
Tyrrell County
Stephen Brickhouse being duly sworn deposes and says that he is well acquainted with the handwriting of Ephraim L. Brickhouse, one of the subscribing witnesses to the Will of J. A. Swain, hereto attached, and that the name of the said Ephraim L. Brickhouse subscribed as a witness to the said Will is the genuine handwriting. The affiant further swears that he is well acquainted with the handwriting of J. A. Swain, deceased, and the name subscribed to the said Will is the genuine handwriting of the said J. A. Swain.
Stephen Brickhouse
Subscribed and sworn to before me,
Dated third the 14th day of May, 1919
W. N. Norman
Clerk of Superior Court
And thereupon it is considered and adjudged by the Court that the said paper writing and every part thereof is the last Will and Testament of J. A. Swain, deceased, and it is ordered that the same with the foregoing examination and this certification be recorded and filed.
This the 16th day of May, 1919
W. N. Norman
Clerk of Superior Court
Tyrrell County
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