SWAIN, WILLIAM
State of North Carolina
In the name of God amen: The ninth day of May one thousand seven hundred and eighty I
William Swain of Scupperlong Planter being of sick but in perfect mind and memory thanks
be to God for the same calling to mind the mortality of my body and knowing that it is
appointed for all men once to die do make and ordain this my last Will and Testament
that is to say principally and first of all I give and recommend my sould into the
hands of God that gave it and my body I recommend to the Earth to be buried in decent
and Christian like manner at the discretion of my Executors nothing doubting but at the
General Resurrection I shall receive the same again by the mighty power of God and as
touching such worldly Estate wherewith it hath pleased God to bless me in this life I
give demise and dispose of the same in the following manner.
Imprimis - I give and bequeath unto my dearly beloved wife Mary Swain whom I also
constitue ordain and appoint my Executrix and James Swain Executor with her.
Item - I give and bequeath unto my well beloved daughter Zilpha Swain one half of my
mulatto girl named Wynne to her and her heirs forever also one half of her mother Chloe
also the red chest to her and her heirs forever.
Item - I give and bequeath unto my well beloved daughter Ann Swain the other half of my
mulatto girl named Wynne unto her and her heirs forever, also one half of her mother
Chloe and one small trunk to her and her heirs forever.
Item - I give and bequeath unto my well beloved son William Swain my manor plantation
with one hundred and fifty acres of land to it unto him and his heirs forever.
Item - I give and bequeath unto my well beloved son Joseph Swain two hundred acres of
land it lying joining on the back of his brothers unto him and his heirs forever, also
one hundred acres of land known by the name of Crodel new land unto him his heirs
forever.
Lastly - I give unto my beloved wife Mary Swain all other my movable she paying my
funeral charges and all other lawfull debts she also brining up my children for the same
and do hereby utterly disallow revoke void all and every other former Wills Testaments
and bequests whatsoever by me heretofore made ratifying and confirming this and none
other to be my last Will and Testament in Witness whereof I the said William Swain have
hereunto set my hand and seal the day and year above written.
William Swain
Signed Sealed Pronounced and
Abram Swain
Tyrrell County
Personally appeared in open court Abram Swain and made oath on the Holy Evangelist of Almighty God that he saw & heard the above William Swain
sign, seal, publish, pronounce & declare the above writing to be his last will & testament and at that time he was of sound mind & memory. The same
time he saw Ann Swain & Ann Alexander sign as witnesses thereto & further saith not.
Minutes
Tyrrell County
Dated 9 May 1780
Declared by the said William Swain
in the presence of us
Ann Swain
Ann (-x-) Alexander
July Term 1784
Tyrrell County Court of Pleas & Quarter Sessions
July Session 1784
Appeared in open court Mary Swain & exhibited the last will and testament of William Swain deceased proved in open court by the oath of Abram Swain & ordered to be recorded.
Appeared in open court Mary Swain and qualifyed executrix to the last will and testament of William Swain deceased.
July Session 1800
The petition of Zilpha and Ann Swain was granted for the division of the real and personal estate of William Swain deceased.
Ordered that Paul Thoroughgood Esqr. Stephen Swain Robert Wynne and Charles Spruill be appointed to divide the real and personal property of William Swain deceased between Zilpha and Ann Swain and make returns to next court.
October Session 1800
Ordered that Paul Thoroughgood Robert Wynne Esqrs. and Woolsey Hathaway or a majority of them divide the negroes of William Swain deceased between his two heirs.
January Session 1801
Robert Wynne Esquire returned in open court the division of the negroes of William Swain deceased between Zilpha Swain and Ann Swain, agreeable to their own choice as folows Viz Winn and her child to Zilpha Swain Lid and Linder to Ann Swain the above division was made by Zilpha and Ann Swain heirs of William Swain deceased agreeable to their own will and satisfaction and consented to and signed by Robert Wynne Esqr. and Woolsey Hathaway who were appointed to divide the above negroes as per order of last court the above division was made the 14th November 1800.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.53), Box 53
Swain, William, 1796
Guardian bond dated 26 Jan 1796 in the amount of 500 pounds in which Charles Spruill is appointed guardian to Zilpha Swain orphan of William Swain deceased with James Swain security.
Guardian bond dated 26 Jan 1796 in the amount of 500 pounds in which Charles Spruill is appointed guardian to Ann Swain orphan of William Swain deceased with James Swain security.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of William Swain to Mary Hassell on 20 Jan 1780, Abram Swain & Jeremiah Swain
securities; also Zilpha Swain to John Ansley on 23 Jun 1808, Jesse Swain security.