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SWAIN, WILLIAM B.
State of North Carolina
Tyrrell County
Book 4 Page 27
Dated 18 June 1874
I Wm B. Swain of Tyrrell County
NC being of sound mind and perfect memory, Blessed be God
do this 18th day of June in the year of our Lord 1874
Make and published this my last will and testament in
manner following that is to day
First I give and bequeath to my well
beloved son Charles William
Swain a certain tract of
land known by the name of the George Swain land
and a mule by the name of Kenluck.
2nd I give and bequeath to my son James
Warren all of the tract of land where I now live and
my mule known by the name of Julia. It is my will for my
beloved wife to have the use and full possession of the
above Articles during her natural life.
I bequeath to my two sons tow beds to each one of them
and one bed to my daughter Martha Spencer. It is
my will that enough of my stock be sold to pay all of my
debts and the remainder to be equally divided among my
three children after the death of my wife.
And I hereby make and ordain my worthy
son Chas. Wm Swain Executor of this my last will
Testament. In witness whereof the said Wm B. Swain have
this my last will and testament set my hand and Seal the
day and year above written
(signed) Wm B Swain (his
x mark) (Seal)
Witness
Wm Reynolds
J (I?) Norman
Tyrrell County in the Probate Court
August 10th 1874
Charles W. Swain Exr of Wm B. Swain shows
to the on oath of Wm Reynolds
1st That Wm B Swain is dead
leaving a last Will and testament and that he is the
executor to the same.
2nd That the estate consists of real and personal
property that the value thereof is at this date is nearly
as can be ascertained about $1000 and that Marilla the
widow and Martha who is intermarried with Benj.
Spencer as is now dead, and James Warren Swain and
your petitioner who is also a man and the parties
entitled under said will as heirs and all being in
Tyrrell County NC
3rd Your petitioner pray said will may be admitted to
probate.
Sworn and subscribed before me.}
Wm Reynolds
Tyrrell County in the Probate Court
This 10th day of August 1874 was exhibited in open court
for probate by Charles W. Swain a paper writing
purporting to be the last will and testament of Wm B
Swain at which time and place appeared Wm Reynolds
& John (I.?) Norman the subscribing witnesses
thereto who being sworn swore that the said Wm B.
Swain executed the said paper writing as his last
will and testament in their presence and at his request
they and each of them in his presence did sign the same
as subscribing witnesses thereto and that in their
opinion the said Wm B. Swain sound mind &
memory and was not under any restraint. On motion of the
said executor it is declared by the court that the said
paper writing propounded as the last will and testament
of Wm B Swain and order that the same be recorded
together with the certificate and application and
affidavit of said executor.
Signed Eli Spruill
Probated Judge
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