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Colony of North Carolina
County of Tyrrel
Dated 21 September 1743
In ye name of God Amen. The twenty first day of September in the Year of Our Lord God Seventeen Hundred and Forty three I Mathias Tobias Swanner of Tyrrel County in the province of North Carolina being of perfect mind and memory thanks be to Allmighty God therefore calling to mind the uncertainty of this life and the mortality of my body and knowing that it is appointed for all men once to dye do make and ordain this my last will & Testament that is to say principaly & first of all I give and recommend my soul into the hands of God that gave it and my body I recommend to the earth to be buried in a Christian like & Decent manner at the discretion of my Executors nothing doubting but at the Genneral Resurrection I shall receive the same again by the Allmighty power of God and as touching such worldly Estate wherewith it hath pleased God to bless me in this life I give demise & dispose of the same in the following manner and Form.
Imprimis - I give and bequeath to my beloved Son John Swanner one hundred acres of land lying on the left hand of the road as thou goest upward the said countyon the westward side of Fish(?) Creek bounded by the said road and by the branch which first crosseth the said road on the said side of said Creek by estimation one hundred acres be the same more or less to him the said John and his heirs for Ever.
Item - I give and bequeath unto my beloved son, to wit, Lamuel Swanner one hundred acres of land lying on the right hand of said road as thou goest upward as aforesaid & bounded by the said road on the one side and bounded by the said creek & by the branches in various courses running ___(?) Out of said creek on the said right hand to the said road to him the said Lamuel and his heirs for Ever.
Item - I give and bequeath to my beloved son, to wit, William Swanner one hundred acres of land beginning at a marked ash tree on the mouth of a branch running by my now dwelling plantation I say running from the said ash along the said branch to the head thereof thence by a line of marked trees to the mouth of another branch thence by the said other branch to the said road to him the said William and his heirs forever.
Item - I give and bequeath to my beloved son, to wit, Mathias Swanner the residue of my lands which lyeth on the right hand of said road together with the plantation whereon I ____ _____ ____ unto him the said Mathias and his heirs for Ever excepting as hereafter in these presents mentioned, Viz,
Item - I give and bequeath to my beloved Grandson, to wit, William Bryant, son of Darby Bryant and Sarah his wife, fifty acres of land beginning at a pine tree in the head of a little branch thence by a line of marked trees to the Reedy Branch thence along th sd. Reedy Branch to the sd. Creek thence along the sd. Creek to the mouth of the Panther Swamp thence to the first station by estimation fifty acres be the same more or less to him the said William Bryant & his heirs for Ever.
Item - I give and bequeath to my beloved sons, to wit, John and Lamuel abovsaid one Negro man named Isaac and one negro boy named Frank to be divided between them by equaly proportioning the value worth or difference in the said Negroes at the time of my decease.
Item - I give & bequeath to my son John abovsd. all the Neat Cattle that can be found in his proper mark;
Item - I give & bequeath to my son William abovsd. one Negro woman named Hannah to him & his Heirs lawfuly begotten of his body & in case the said William shall depart this life without such heir or heirs then the said Negrow together with her increase to pass to my son Mathias aforsd. and his heirs.
Item - I give and bequeath to my son Mathias abovsd. one Negrow man named Tom and one Negro girl named Nany to him & his heirs lawfully begotten of his body and in case the said Mathias shall depart this life without issue then and in such a case the said Tom & Nany to pass to my aforsd son William & his heirs together with the increase of the said Nany;
Item - I give & bequeath to my beloved daughter, to wit, Sarah Bryant the sum of twenty pounds lawfull money of the abovsd. province to be raised & levey'd out of my personal Estate to be paid to the said Sarah at or imediately after my decease;
Item - I give and bequeath to my beloved daughter Mary Swanner one pewter dish & one pewter bason & one brass kettle and two Ewe sheep together with the cattle in her proper mark runnng at my pen.
Item - I give and bequeath my shoemaking tools to my son William aforementioned
Item - I give and bequeath equaly to my sons aformentioned all my carpenters & coopers tools to be equally devided amongst them.
Item - I give and bequeath to my aforementioned son Lamuel one cow & calf and one two year old Heffer together all the cattle in his proper mark and running at my pen.
Item - I give and bequeath to my aforementioned son William the one third part of my neat cattle which are in my proper mark;
Item - I give and bequeath to my aforementioned son Mathias all the residue and remaining part of my neat cattle;
Item - I give and bequeath to my aforementioned son John the Neat Cattle in his proper mark and running at my pen;
Item - I give and bequeath to my loving and well beloved wife, to wit, Jane Swanner all my sheep excepting such of them as are already given by this my Will;
Item - I give and bequeath to my said wife all my horses;
Item - I give and bequeath to my sons aforementioned all the rest and residue of my Estate as well real as personal to be equally divided amongst them that is to say amongst the said John, Lamuel, William, and Mathias Swanner and I do make and ordain my sons, to wit, John Swanner and Lamuel Swanner Executors and my beloved wife during her natural life in widowhood executrix of this my last will & testament but in case my said wife shall Enter Marry with any person during the minority or Nonage(?) of any of my sons aforementioned I will that then and in such a case my said wife shall cease to be Executrix of this my Last Will & Testament and the Executor ____ there of & thereunto rest and remain in the said John and Lamuel and I do hereby uterly revoke disallow and disanull any will or testament heretofor by me at any time willed ____ or bequeathed ratifying this and no other to be my last will and Testament in ---
and I do hereby appoint Edmond Smith__ and William Barratt to divide my personal estate (this line was inserted)
--- witness whereof I hereunto set im hand and seal the day and year written in this will & Testament.
Mathias Tobias Swanner
Pronounced & declared by the
said Mathias Tobias Swanner
as his last Will & Testament in
the presence of us ______
William Barrett
Robert Lanier
Robert Laneir Daniel
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
June Session 1753
William Swanner exhibeted a petition which was read in these words viz. praying an order to have his estate out of the hands of Robert Daniel guardain of the said will as he is now twenty one years of age. The above order set aside.
December Session 1758
Read the petition of Lyner William Swanner praying that a subpe. issue for William Lynier guardian to the aforsd. William Swanner to appear and render an account of his gusrdianship & c. Ordered that a summons issue according to the prayer of the petition.
Issued a subpanat for William Lynear, guardain to Linear William Swanner to appear and render an account of his said guardianship.
Tyrrell County Guardian Bonds, 1739 - 1871
Guardian bond dated 4 Jun 1746 in the amount of 200 pounds in which Robert Daniel is appointed guardian to William Linear Swanner orphan of Matthew Tobias Swanner deceased with John Hardison & William Kennedy securities. William Swanner chose Robert Daniel as his guardian by his own free will.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.53), Box 53
Swanner, Matthias Tobias, 1746
Guardian bond dated 4 Jun 1746 in the amount of two hundred pounds appointing Robert Daniel guardian of William Liniear orphan of Mathias Tobias Swanner deceased with John Hardison & William Kenedy securities. William Swanner was of age to choose his guardian.
Guardian bond dated 4 Jun 1746 in the amount of one hundred pounds appointing Darby Bryan guardian of Lamuel Swanner orphan of Mathias Tobias Swanner deceased with William Hassell & William Kenedy securities. Lamuel Swanner was of age to choose his guardian.
Guardian bond dated 3 Sep 1746 in the amount of two hundred pounds appointing William Lanier of Beaufort County guardian of George Mathias Swanner orphan of Mathias Tobias Swanner deceased with John Lanier & Robert Lanier Daniel securities.
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