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Tyrrell County
Book 2 Page 61
Dated 25 February 1812
In the name of God Amen: This 25th day February in the year of our Lord 1812. I Elichim Swain Senr. Of the County of Tyrell being in reasonable health of body & of sound & perfect mind & memory thanks be to Almighty God, calling to mind the uncertain state of this life & that all flesh must yield unto death when it pleases God to call do make constitute & ordain this to be my last will & testament in the manner & form following revoking & anulling all & every other will or wills by me made either by word or by writing & this only to be take for my last will & testament & none other. First of all I recommend my soul to God that gave it & my body to buried in a Christian like manner by my executors hereafter named & my temporal estate that it hath please God to bestow on me I dispose of in the following manner.
I lend to my well beloved wife Anne Swain during her life time or widdowhood the plantation whereon I now live also I lend her two negroes Viz: Providence & Hannah one feather bed & furniture & after her death or intermarriage to be disposed of in manner & form as follows.
I give unto my well beloved son James Swain a tract of land beginning at the red oak branch running down the creek to a line of marked trees, from thence to Jesse Swains line for which land I have executed a deed to said Jas. Swain. I also give to my son James Swain his heirs and assigns forever one cow & calf.
I give & bequeath to my well beloved daughter Sally Cohoon her heirs & assigns forever one cow & calf.
I give & bequeath to my well beloved son Elicham Swain his heirs & assigns forever a tract of land by the name of Scotia containing one hundred acres more or less also another piece of land addjoining the land I have given my son James Swain beginning in a branch of sd. Jas. Swains corner tree then running down the creek swamp to another branch then up sd. Branch to a line of marked trees Devotion Parishers ine containing 100 acres more of less one feather bed & furniture one cow & calf also 100 acres cypress swamp.
I give to my well beloved daughter Polly Swain one feather bed & furniture & one cow & calf to her & her heirs forever---
I give & bequeath to my well beloved son Lovic Swain the plantation whereon I now live after the death or intermarriage of my wife Anne Swain also one cow & calf one bed & furniture 100 acres of cypress swamp forever ---
I give and bequeath to my well beloved daughter Betsey Swain her heirs & assigns forever one cow & calf one bed & furniture.
I give and bequeath to my daughter Nancy Swain her heirs & assigns forever one bed & furniture one cow & calf.
I give & bequeath to my well beloved daughter Affa Swain her heirs & assigns forever one feather & furniture one cow & calf.
I give & bequeath all the remainder of estate not before given away to my four youngest children to be equally divided among them & their heirs forever.
I give to my sons Elichim & Lovic Swain after the death of my wife -- Anne Swain negro Providence I give to my daughter Mary Swain after the death of my wife Anne Swain negro Hannah. And I hereby appoint my well beloved wife Anne Swain and my well beloved son Elichim Swain Jur. Executrix & executor to this my last will & testament in witness whereof I have herunto set my hand and seal the day and date above written.
Elichim (his -x- mark) Swain (Seal)
Pronounce by the sd. Elichim Swain as his last
Will and Testament in the presence of us
Soloman Hassell
William (his -x- mark) Cohoon
Tyrell County
January Term 1813
This was proved in open court in due form of law by the oath of Soloman Hassell Esqr. A subscribing witness who swaore he saw William Cohoon the other witness sign also.
C. Spruill Clk.
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