William Starlen Swain (abt. 1742 - 1811)

Born about 1742 in Worcester, Maryland

Ancestors

Descendants

Died 17 Feb 1811 at about age 69 in Sussex, Delaware, United States

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Biography

William was born about 1742, in the part of Worcester county, Maryland that later became Delaware.^[1] He was the son of William Swain and his first wife Mary

In 1751, his father left him a bequest:

Imprime I give and Bequeath to my Son William Starlen Swaine fifty Acres of Land with the plantation and house wherein I dwell to him his heirs for ever. Item ^[2]

William Swain appears in the Nanticoke Hundred, Sussex County Tax rolls in 1788 and 1790 ^[3] In 1788 and 1790, William (Starlen) Swain served as Assessor for Nanticoke Hundred.^[4]

In 1796, the Supreme Court of Delaware heard a suit in which William Swain sued Jehu Evans over trespass and cutting wood on his property.^[5]

He may have been the William Swain who ran for Sussex County Levy Court on the Democratic Republican ticket in 1803. His son, William, would have been too young at that time:

"Democratic Republican meetings

"Resolved, that this meeting to propose to the Republican electors of Sussex, the following persons, as deserving of their suffrages at said election … Levy Court: WILLIAM SWAIN”^[6]

William died at the age of sixty nine. In 1811, He called himself "the aged" in his will. This might have been meant to distinguish him from his son William Swain.

His will is an interesting insight into the myriad of things needed to run a farm, and the worldly possessions William was proud of accumulating -- from "specks" and a penknife to "Cyder casks," pots and hooks.

Will of William Swain "the Aged"

In the name of God Amen, I William Swain the aged do make and ordain this as my last Will and Testament. First I do order and ordain that my body be buried in a common manner at the direction of my Executrix thereafter mentioned and after my funeral charges are paid I give my worldly moveable property as follows. I give to my wife Rebecca Swain what means and Corn I have to Support my family, both houses and standing wheat and Rye. Also my fodder and straw her geese and fowles of all sorts, also my wearing Apparrel, also what Cyder and Brandy there are about the House, her loom and Utensils her side saddle to her own Use not to be brought into the Appraisement.

Item. I give or lend my wife Rebecca Swain during her life or widowhood my home plantation with the priviledges thereunto belonging houses, orchards woods and cleared ground. Also one Horse Beast, one yoke of Oxen, two Cows and Calves or yearlings, two Beds and furniture, one Oxe yoke and Chain, two Clevises{?}, two pitching axes one set of wedges, one Hill and Utensials, All my Cyder Casks, gums and Lumber gums, two pots and hooks and all the wooden ware about the House, Six head of sheep, two Sows and pigs, all the shotes {shoats], Also my specks and case and Penknife during her life or Widowhood.

But after her decease or marriage my will is that what I have given or lent her shall be equally divided among seven “of my” {inserted} Children hereafter mentioned. Joseph Swain, John Swain, Mary Swain, Rebecca Swain, William Swain, Ann Swain and Kendle Swain, my son William Swain my have what tools I have of all kinds and my son Kendal Swain may have one Three grass Steer and one Bull of the same Age, but that the said steer and Bull be not taken in Possession until the said Kendle Swain becomes to the years of maturity but to remain as the property of my wife until that time.

As for the residue of my lands not mentioned, I give my Eldest son Robert Swain fifty Acres of Land where he Dwells, by the name of Shorts Chance, also part of a new right adjoining called Perseverance to a White Oak saplar starting on the Cart Road leading from his abode to mine and no more.

Also my Second Sone Joseph Swain I give all where he now lives not knowing how many Acres, from where he lives of that Survey to where the Survey Crosses the road leading from me to John short Down the Branch with Stiles{?} to a White Oak in said Branch, and one Gun and no more at present.

And the residue of the moveable property not mentioned shall be equally divided between my three Daughters Mary Swain, Rebecca Swain and Ann Swain.

And Lastly I appoint my wife my whole and Sole Executrix of this my last will and Testament. Signed Sealed pronounced and delivered this and no other my last Will and Testament this Seventeenth day of February Eighteen hundred and eleven. William Swain [Seal]

Signed in the presence of us, Arthur E. Williss, Purnal McCaulley

Sussex County {Delaware}^[7]

Notes

While many middle names in this time period are suspect, his father calls him "William Starlen Swain" in his will. This suggests that his mother's surname was Starlen.

Sources

1. ↑ Birth: "Delaware Vital Records, 1650-1974"
   citing Digital film/folder number: 005099231; Image number: 2959
   FamilySearch Record: QK9R-DK85 (accessed 11 January 2024)
   FamilySearch Image: 33S7-9YQ2-9KLX
   William Swain born in 1742 in Delaware.
2. ↑ Will of William Swain, 1751
3. ↑ This cannot be his son William Swain, who was younger than Joseph b. 1775
4. ↑ Tax Lists of Sussex County, before 1767-1850
5. ↑ Legal Case: William Swain v. Jehu Evans, 1 Nov 1796, Supreme Court of Delaware, Sussex County. 2 Del. Cas. 65 (Del. 1796). Opinion provided at casetext.com [1]
6. ↑ "Democratic Republican Meetings" article in Mirror of the Times & General Advertiser (Wilmington, DE); Wed 28 Sep 1803; Vol 4; Issue 399; Page 4. Database and images at Genealogybank.com [2] accessed 05 Dec 2020
7. ↑ Transcript provided by A.Hayes

• Maryland, Wills and Probate Records, 1604-1878, citing William Swaine, probate date 8 May 1751. Will books: Maryland Wills, vol 28-29, 1751-1756. Author: Maryland. Prerogative Court; Probate Place: Maryland. Database and images published by Ancestry.com Ancestry Record 9068 #391763

• Tax Lists of Sussex County, before 1767-1850. Original images (search only) at Familysearch.org

William Swain: Nanticoke Hundred delinquent tax list, 1788: [3]

William Swain 11 Nov 1788 Assessor for Nanticoke Hundred [4]

William Swain, Nanticoke Hundred 1790 taxpayer list: [5]

William Swain, 1790 Assessor for Nanticoke Hundred [6]

• "United States Census, 1810," database with images, FamilySearch [7] : accessed 5 May 2018), Wm Swaine, Nanticoke Hundred, Sussex, Delaware, United States; citing p. 374, NARA microfilm publication M252 (Washington D.C.: National Archives and Records Administration, n.d.), roll 4; FHL microfilm 224,381.

• Delaware, Wills and Probate Records, 1676-1971, will of William Swain, 1811 in Wills, 1682-1851; index to wills, 1684-1948; Delaware Wills and Probate Records, 1676-1971. Sussex, Wills, books E-F, 1794-1813. Images 438 and 439 of 462. Database and images published by Ancestry.com Image Original source: Sussex County (Delaware). Register of wills; Probate Place: Sussex, Delaware

• Delaware, Wills and Probate Records, 1676-1971: Abstracts of Wills, Sussex County, Delaware, 1700s-1800s; Probate Place: Sussex, Delaware. Item Description: Will Abstracts and Burton Family Tombstone Inscriptions, Vol 3 Abstract of will of William Swain "the aged" 17 Feb 1811. Database and images published by Ancestry.com Image

• Will of John Swain of Worcester County in “Maryland Register of Wills Records, 1629-1999”> Worcester> Will 1769-1783 vol 4> Image 70. Images at FamilySearch.org [8].

Signed [blank day] December 1771; Proved 22 May 1772

Witnesses: Philip Windsor, William Swain, Nemiah {Nehemiah?} Fleetwood