Marcus Swindell Transcription

Date: 26 Aug 1864 [unknown]
Location: Hyde County, North Carolina, United States
Surname/tag: Swindell

Source

1864 Marcus Swindell Will. North Carolina, Hyde County, Probate Court, Wills, Vol. 10, p. 36, 26 August 1864, digital image 1130-1133 of 1583, Ancestry.com ([1]: accessed 23 August 2022)

Transcription

I Marcus Swindell of the Count of Hyde and State of North Carolina, being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare this my last will and testament in manner and form following, that is to say:
First: That my executor hereinafter named, shall provide for my body a decent burial, suitable to the wishes of my relatives and friends, and pay all funeral expenses, together with my just debts, howsoever and to whomsoever owing out of the part of my estate which I shall hereinafter appoint for that purpose.
Item: I give and devise to my beloved wife Eliza J. Swindell the plantation on which I now live, known as the Middle Creek plantation, containing about one hundred acres, in fee simple forever, and all the household and kitchen furniture, thereon, and all the farming implements, harness, carriages, carts, cattle, hogs and sheep and other stock thereon, and the horse usually kept at the plantation; and one horse, such as she shall choose, and one yoke of oxen such as she shall choose from my Lake Plantation; also a tract of land in the Lake swamp containing about fourteen acres, adjoining at Rockwith and Shanklin; and another tract of land in the Lake swamp containing about nine acres, adjoining W. S. Cox and Shanklin; also the following slaves, viz: Mosella, Aaron, Tom, Lizzie, Cass, Sally-Ann, David, Bob, Phemy, Harriet, Sallie, Willis and Eliza and their issue hereafter, if any; also all the money, including confederate bonds known as Kven thirty bonds, which I may have on hand at my death.
Item: I give and devise to my nephew Dixon Swindell all the land in my Lake plantation, which lies between the land of James R. fisher and the upper of Westwardly line of the land I bought of Jones Boomer, which land here devised contains, including the Lake plats, about three hundred and fourteen acres, the said Dixon to have it in fee simple for ever, subject however, to this condition and incumbrance, namely that he shall pay to Dorcas Hodges, wife of Daniel M. Hodges, twenty-five hundred dollars without interest, and at the following times and sums, --one fourth of it eighteen months after my decease, another fourth thirty-six months after my decease, another fourth fifty-four months after my decease, and another fourth seventy-two months after my decease; I also give to the said Dixon the following slaves, namely: Dinah, Violet, Annis, George, William, Jabin, Lucy-Ann, Nancy, Sam, Simon, John Warren, and Julianna.
Item: I give and devise to my nephew Cornelius Swindell, out of my Lake land, eighty five acres in fee simple, forever, to be located and set off to him as follows: the upper or Westernmost line to begin at the Lake water at the Northeast corner of the land in this Will devised to Dixon Swindell, and to run thence with the said Dixon’s line to the back line of my land; thence off from the said Dixon’s land and with my back line to such a distance that from it a line run back to the Lake water and parallel to the first line, and a line from the end of this last named line to the beginning shall embrace the eighty-five acres; --which eighty-five acres of land is however, devised to the said Cornelius with this condition and incumbrance namely, --that in case the notes I leave on hand shall after paying to Samuel M. Mann two thousand dollars be insufficient to pay to the children of Joel Swindell and of Henry Gibbs twenty-four hundred dollars, then that he the said Cornelius shall with David Doggett Swindell and Solomon Franklin Swindell each one in proportion to the land, by this deed devised to him, contribute his just and proportional share according to the acres in the devises, and pay it to my executor in good notes to make up the aforesaid sum or any deficiency thereof; I give and devise to him also the Cook house on the Boomer land and the large barn on the Boomer land.
Item: I give and devise to David Doggett Swindell and Solomon Franklin Swindell in fee simple for ever, all of my Lake land lying Eastwardly of the eighty-five acres devised to Cornelius Swindell, --the tract so devised to them containing one hundred and forty acres of thereabouts, --and it is my will that their land be equally divided between them by a line running parallel with the line that divides their land from that of Cornelius Swindell; --subject however, to the condition and incumbrance namely, --that in case, after Samuel M. Mann is paid a legacy of two thousand dollars, out of the notes I have on hand at my decease there shall not be a sufficient amount of such notes left to pay to the children of Joel Swindell and the children of Henry Gibbs twenty-four hundred dollars, then the said David Doggett Swindell and Solomon Franklin Swindell, shall together with Cornelius Swindell, each one according to the acres of land they will devise to him, pay to my executor a due proportion of such deficiency in good notes.
Item: I give and devise to Samuel M. Mann all my right and title and interest in the academy and lot at the Ridge; and also two thousand dollars in notes.
Item: I give and devise to Israel B. Watson, my storehouse and warehouse and lot at Middleton in fee simple forever.
Item: I give and devise to Dorcas Hodges wife of David M. Hodges, twenty-five hundred dollars to be paid to her by Dixon Swindell, as provided in this will.
Item: I give to the children of Joel Swindell one thousand dollars to be paid to them in good notes by my executor out of notes on hand at my decease or out of such notes as he shall receive from Cornelius Swindell and David Doggett Swindell and Solomon Franklin Swindell for that purpose.
Item: I give and devise to the children of Henry Gibbs fourteen hundred dollars to be paid to them by my executor out of notes on hand at my decease not otherwise disposed of, or out of such notes as he shall receive from Cornelius Swindell and David Doggett Swindell and Solomon Franklin Swindell for that purpose.
Item: I give and devise to my wife and to Dixon Swindell the privilege of getting wood and timber for the attached to the lands by this will devised to Cornelius Swindell and to David Doggett Swindell and Solomon Franklin Swindell; and I hereby subject the land aforesaid to that use.
Item: my will and desire is that all the residue of my estate after taking out the devised and legacies above mentioned, then be sold and the debts owing to me be collected, --and that after paying my liabilities, my executor pay of the residue, one eighth part to my wife Eliza J. Swindell, one eight part to Dixon Swindell, one eighth part to Cornelius Swindell, one eighth part to David Doggett Swindell, one eighth part to Solomon Franklin Swindell one eighth part to the children of Joel Swindell and one eighth par to the children of Henry Gibbs and one eighth part to Dorcas Hodges.
Item lastly I do hereby constitute and appoint Samuel M. Mann my lawful executor to all intents and purposes, to execute this my last will and testament, according to the true intent and meaning of the same, and every part and clause thereof; --hereby revoking and declaring utterly void all other wills and testaments, by me heretofore made.
In testimony whereof I hereunto set my hand and seal this 26th day of August 1864.
Memo. In the third page, between the seventeenth and eighteenth lines, the words, “in good notes” were interlined before signing.
Signed, sealed, published and declared, by the said Marcus Swindell to be his last will and testament, in the presence of us, who at his request and in his presence do subscribe our names as witnesses thereto. David S. Gibbs, James Adams.