Secretary of State
Colony of North Carolina
County of Tyrrell
Dated 6 April 1749
In ye name of God Amen sixth day of April one thousand seven hundred and forty nine I John Swain of Scupperlong in the County of Tyrrell Planter being in perfect mind and memory thanks be to God for the same calling to mind the mortality of my body and knowing that is 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 soul into the hands of God that gave it and my body recmmend tothe Earth to be buried in deacent and Christian like manner at the discretion of my Executors nothing doubting but at the General Resurection I shall receive the same again by the mighty power of God and as touching such worldly Estate wherewith it pleased God to bless me in this life I give demise and dispose of the same in the following manner.
Imprimus - I give and bequeath unto my dearly beloved wife Mary Swain one Negro wench named Suckey to her and her assigns forever, whome I also constitute ordain and appoint with my beloved son James Swain my sole Executors
Item - I give and bequeath to my grandson John Swain son of Jeremiah Swain decd. one plantation up Riders Creek it running form the landing along a line of marked trees up to the head line unto him & his lawfully begotten of his body forever and for want of such heir to return unto my son William Swain and his heirs lawfully begotten of his body forever.
Item - I give and bequeath to my well beloved son John Swain one plantation lying on the sound side between Samuel Spruills and Joseph Spruills to make up the one half of the land belonging to the said plantation or survey to him and the heirs of his body lawfully begotten forever
Item - I give and bequeath to my well beloved son William Swain one half of the land belonging to my manner plantation beginning on the swamp and so devided by a line of marked trees unto him and the heirs of his body lawfully begotten also one negro man named Jack at the death of his mother of day of her marriage which happeneth first unto him and his heirs of his body lawfully begotten forever.
Item - I give and bequeath to my well beloved son Stephen Swain the Maner Plantation with the remaining part of the land ajioyning as divided by a line of marked trees to him and the heirs of his body lawfully begotten forever.
Item - I give and bequeath to my well beloved daughter Elizabeth Mary Hooker one shilling Sterling.
Item - I give and bequeath unto my well beloved daughter Susanna Rhoads Negro girl named Patience unto her and the heirs of her body lawfully begotten forever also one feather bed and the furniture theare unto belonging
Item - I give unto my beloved daughter Rosanna Swain one Negro boy called Mingo to her and the heirs of her body lawfully begotten forever also one feather bed and the furniture there unto belonging.
Item - I give and bequeath to my well beloved daughter Martha Swain one Negro named Dinah she and the heirs of her body lawfully begotten forever also one bed and the furniture there unto belonging
Item - I also give one Negro wench named Abb unto James Swain for one year and then unto my son Stephen Swain for the like term and so from the one to the other during the life of the said wench.
I give unto my beloved wife Mary Swain all other my movable Estate she likewise bringing up my children for the same and paying my funeral charges and all other lawfull debts and do hereby utterly disallow revoke and make void all and every other former Wills Testements and bequeath whatsoever by me hereto fore made ratifying and confirming this and none other to be my Last Will and Testament. In witness whereof the sd. John Swain have here unto sett my hand and seal the day and yeare above.
Written Signed Sealed pronounced and Declared
by the said John Swain in the presence of us
Joseph Spruill Senr.
Margot (her -x- mark) Gonkkens
At a Court of Quarter sessions begun open and held for said County at the Court House on Kindreks Creek on the fifth day of December 1749.
Bef his majestys Justices
The Last will & Testament of John Swain of sd County desd. was exhibited into open Court and proved on the oath of Joseph Spruell Esqr. & on motion of Mary Swain & James Swain who appeared in open Court and qualified as Executor & Executrix to sd. Will pray orders for Letters Administration ordred that the Honorable Nathaniel Rice Esqr. Secretary or his Deputy have notice thereof that Letters may issue accordingly
Test Evan Jones Clk
Return to the Tyrrell County Probate Records