Swindell Family Wills - Hyde County, NC Submitted for use in the USGenWeb Project Archives by Diane K. Mason skunk@coastalnet.com SWINDELL FAMILY of Hyde County, NC +++++++++++++++++++++++++++++++++++++++++++++++ Will of Robert Swindell In the name of God Amen. I Robert Swindell of the state of North Carolina and County of Hyde being weak in body but of sound and disposing mind and memory blessed be God. Do make publish and declare this instrument of wrighting to contain my last will and testament (Viz first I recomend my soul into the hands that gave it and my body to be buried in Christian like maner and whats worldly estates it hath been please God to blys me with I devise and dispose in the following manner. First I linds to by beloved wife Sally Swindell the one half of my plantation where I now live with all the privilidges thare to belongging during her natural life. I also lind her by horse and rocking chair and one bed and furniture her chair and all the kitchen furniture and my horse cart ______ _____ negro woman by the of mosearr and one Linen Wheal the above land given to my wife at her dicease I give to my son Oliver Swindell the half of my chairs in the house. I give to my wife. Item 2 I give and bequeath to my son W. G. Swindell one bed and furniture and one trunk. Item 3 I give and bequeath to my son Emmery Swindell one bed and furniture. Item 4 I give and bequeath to my daughter Mahala Swindell one bed and furniture and one trunks and one Linen Wheal. Item 5 I give and bequeath to me daughter Prifsilla Swindell one bed and furniture and one linen wheal. Item I give to my son Samuel Swindell one bead and furniture and one chest. Item I give and bequeath to my son Thomas D. Swindell one feather bed and furniture and one negrowoman by the name Moreaer after the dicease of my wife and one hundred dollars in cash. Item I decree that out of the crop and ______ myy wife and family shall have one years support and the use of my hose mill. So long as they keep her up in good order. Item all the above property lots of to my wife Sally Swindell. Viz the beds and furniture _____and chare kitchen furniture and chares and horse carts at her decease I give to my son Oliver Swindell. Item all my plantation and maeunical? and blacksmiths tooles I give in manner as follows to be equilly devided between my wife Sally Swindell and W. G. Swindell, Emmery Swindell and Oliver Swindell, Samuel Swindell and Thomas Swindell and Elisabeath Swaim and Mahala Swindell and Pryscla Swindell. I also constitute and appoint by wife Sally Swindell and my son W. E. Swindell my Ecetrin and Ececutor. To this my last will and testament in witness where of I have here unto set my hands and seal this seventeenth day of April 1823. Robert Swindell (seal) in prisince of Emory Swindell & Heremiah Farrow May term 1823 Hyde CJ Sr The last will and testament of Robert Swindell was produced in court and proved by the oath of Jeremiah Farrow a witness thereto and ordered to be recorded. ___B. Iarpirch recorded in book 7 page 447 ==== transcribed by: Margaret Gower Leggett ++++++++++++++++++++++++++++ Copy of Will In the name of God amen. I Isaac Swindell of the state of North Carolina and County of Hyde being in perfect heath of body and of sound mind and memory thanks be to the God for the same calling unto mind the mortality of my body and knowing that it is appointed for all men a nec to die do make and ordain this my last will and testament revising and disumelling all other former testaments will leguies or ratifying and confirming this and no other to be my last will and testament and or ____ my wordly estate where with it hath pleased God to fless me with in this life I dispose of it in the manner and form following - - - - Item I give and bequeath to me beloved wife Eleanor Swindell all my rea lestate of lands and movables and the profits insuing therefrom during her life observing of my said wife to pay the following legucies to the children when they come to lawful age: Item I leave to my son Isaac Swindell one hundred acres of land between Jaab Deniels and Joseph Swindell and one feather bed. Item I leave to my son William Swindell two Nuinde? of one hundred acres land lying on the other side of eth lake by the name of Fleans?bay paint and one feather bed. Item I leave to my three sons Joel Swindeall and Lilis and Josiah Swindell one certain piece or parcil of land lying between William ??mers and Tho??casstom to be equally divided between them the said Joel, Lilas and Josiah Swindell at their coming of age and also a feather bed apiece to my said three sons, Joel, Lilis and Josiah at their becoming of age. Item Leave to my Daughter Bithany Swindell one feather bed and beadstid and one cow and calf. Item all the remainder of my movable estate after my wife's death to be equally divided amongst all my sons and daughters. I also constitiz and pledge my wife Eleanor Swindell and Isaac Swindell executors to this my last will and testament. I ______ _____________.I have here unto lift my hand and seal this sixthteenth day of March one thousand seven hundred and ninety three. Signed Sealed and delivered in the pressance of us Isaac Swindell (seal) John Selby James Mayo ======= transcribed by: Margaret Gower Leggett +++++++++++++++++++++++++++++++++ Copy of Will State of North Carolina Hyde County In hte name of God amen. Be it know to all persons that on the tenth day of June in the year of our Lord one thousand eight hundred and swenty eight I John Swindeell Jr. of the state and county aforesaid and _____ sound disposing mind and memory at this time do make this my last will and testament. And further be it known that I gove and bequeath to my wife Jennett Swindol one mahoggany table and liquor case two beds and furniture three cows and calves and all other property which belongs to me that is not named in the above named articles. I also leave my wife Jennett Swindol by executria to my last will and testament. In witness whereoff I have hereunto set my hand and affixed my seal the day and year above mentioned. Signed and sealed in the presence of A B. Swindol and Henn Carrow John Swindel (seal) ++++++++++++++++++++++++++++ Copy of will. Executors: I give so much of my goods and chattles as will pay all my debtors I doe of right due to any person. Son Isaac: I give one hundred acres of land being the first acres of this tract where on I now doe live and all my part of that land lying on the south side of the lake with one horse or more and one gun and one bed and furniture. Son Jospiah: I gvie on hundred acres of land, as by Deed Direced. Son Jesse: I give one hundred acres of land, as by Deed Directed. Son Jospeh: I give one hundred acres of land, as by Deed Directed, with one cow and calf. Wife Rebacker: I give the house and plantation where I now live with fifty acres of land to be hirs during her natural life and at her deceas to fall to by son Joel, to him and his ares forever, with one Cow and calf and one horse or mare. Son Jobe: I give one cow and calf and one horse or mair and one gun. Son John: I give one cow and calf and one horse or mair and one gun. Duaghter Ruth: I give one cow and claf and one bed and furnetude. Daughter Rachal: I give one cow and calf and one bed and furnetude. Son Jonathan: I give one cow and calf. All the rest of my worly estate, within and without, shall be equielly devided between my wife and my three youngest sons. Executors: Son Isaac and Son Josiah. John Swindell 3 April 1775 ====== transcribed by: Margaret Gower Leggett +++++++++++++++++++ Copy of Will State of North Carolina Hyde County I Annmarah Swindell of the county 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 (herein after named) shall provide for my body a decent burial, suitable to the wishes of my relations and friends and pay all funeral expenses, together with my just debts, howsoever and to whom se ever owing, our of the moneys that may first come into his hands as a part or parcel of my estate. Item: I give and devise to my eldest-son Cason E. Swindell twenty five acres of land adjoinging Samuel Spencers land, to have and to hold to him his heirs in fee simple forever. Item: I give and devise to my son Thomas M. Swindell twenty five acres of land on the south siade of the road runing to the Lake and in the East corner of the farm adjoining seth Gibbs Joseph Young heirs and Daniel Neal it being that part where on he now lives to have and to hold to him his heirs in fee simple forever. Item: AI give and devis to my daughter Emeline W. Swindell the remainder of my land together with the buildings where I now live to be twenty five acres more or less. My will further is that my daughter Emeline W. Swindell at my death shall have all of my personal property, the said land she is have and to hold to her heirs in fee simmmple forever. Item I give my three children an equal privilege to the timber for the purpose of building and fencing until the land where on the said timber grows is cleared, also an equal privilege in the ditch and road runing to the lake. And lastly I so hereby constitute and appoint by trusty friend, Cason E. Swindell, my lawful executor to all intents and purposes, to execute this my last will and testament according to the true intent and mearning of the same and every parr and clause there of hereby revoking and declaring utterly void all other wills and testaments by me heretofor made. In witness where of I the said Annmariah Swindell do hereunto set my hand and seal this the 2nd day of Sept. AD 1869. Signed sealed published and declared by the said Annmariah Swindell to be her last will and testament in the presence of us who at her request and in her presence do subscribe our names as witness there to. John J. Fulford Joby S. Gibb ========= transcribed by: Margaret Gower Leggett +++++++++++++++++++++++++++++ Copy of Will In the name of God, I Elizabeth Swindell of Hyde County , State of North Carolina, being in feable health, but of sound & disposing mind and memory, considering the uncertainty of this life and its shorings at best, do make and ordain and publish this my last will and testament in manner and form following Viz: I give and devise to Stephen Williamson my friend, the north half=part of all my land, whereon I now live with all the tenements, hereditamients, rights & privileges thereon or thereinto belonging or in any wise appertaining, in fee simple, forever. Also I give & beqieath to said Stephen all my person property of every description whatever including household & kitchen furniture. Item 2 I give and devise in fee simple forever to my grandson Joshua V. Swindell the south half part of all my land whereon I now live together with all the rights privileges 7 appertenances thereto belonging or appertaining. And lastly I nominte and appoint & constitute my friend Jephtha Rose of Hyde County my lawful executor to all intents & purposes to execute this my last will and testament according to the true intent & meaning of the same & every part there of hereby revoking and declaring void all other wills 7 testaments by me heretofore made. In writings where of I hereto set my hand & seal this 8th day of February AD 1855. Signed Sealed & declared by said Elizabeth to be her last will & testament in our presence who at her request & in her presence do subscribe our names and witness ther __attest Arnold Gray can't read other signature ======= transcribed by: Margaret Gower Leggett +++++++++++++++++++++++++++++++++++ Copy of Will In the name of God amen. I Isaac Swindell of the state of North Carolina and County of Hyde being in perfect heath of body and of sound mind and memory thanks be to the God for the same calling unto mind the mortality of my body and knowing that it is appointed for all men a nec to die do make and ordain this my last will and testament revising and disumelling all other former testaments will leguies or ratifying and confirming this and no other to be my last will and testament and or ____ my wordly estate where with it hath pleased God to fless me with in this life I dispose of it in the manner and form following - - - - Item I give and bequeath to me beloved wife Eleanor Swindell all my rea lestate of lands and movables and the profits insuing therefrom during her life observing of my said wife to pay the following legucies to the children when they come to lawful age: Item I leave to my son Isaac Swindell one hundred acres of land between Jaab Deniels and Joseph Swindell and one feather bed. Item I leave to my son William Swindell two Nuinde? of one hundred acres land lying on the other side of eth lake by the name of Fleans?bay paint and one feather bed. Item I leave to my three sons Joel Swindeall and Lilis and Josiah Swindell one certain piece or parcil of land lying between William ??mers and Tho??casstom to be equally divided between them the said Joel, Lilas and Josiah Swindell at their coming of age and also a feather bed apiece to my said three sons, Joel, Lilis and Josiah at their becoming of age. Item Leave to my Daughter Bithany Swindell one feather bed and beadstid and one cow and calf. Item all the remainder of my movable estate after my wife's death to be equally divided amongst all my sons and daughters. I also constitiz and pledge my wife Eleanor Swindell and Isaac Swindell executors to this my last will and testament. I ______ _____________.I have here unto lift my hand and seal this sixthteenth day of March one thousand seven hundred and ninety three. Signed Sealed and delivered in the pressance of us Isaac Swindell (seal) John Selby James Mayo Copy of Will I Caleb Swindell of the State of North Carolina and County of Hyde being of purfect mind and memory thanks be given to God for the same Calling to mind the mortality of my Body knowing that it is appointed for all men once to die Do make and ordain this my last Will and Testament. Viz: primipally and first of all I give and Recommend my Soul into the hands of almighty God that gave it and my Body. I Recommend to the Earth to be Buried in a plain Christian manner by my Excurtors And as Touching such Worldly Estate where with it hath pleased God to gless me with I give demise and dispose of the same in the following manner and form. I Give & Bequeath unto my Beloved Wife Mary after my Debts are paid all my Estate both Rail and personal during her Widowhood life, and after the experation of her Widowhood I Give all my Land to my Youngest Son Pledge, and all the rest of my personal Estate to my other four Children Namely Jean, Nunna, Abram and Caleb Swindell. Further more I ordain, and appoint my trusty friend William Harris & my Beloved Wife Mary Excutors to this my last Will and Testament and do hereby utterly disallow Revoke and Disannul all and every other form Testament, Wills Legars by me in any wise before made Named, Willed, and Bequeathed Ratifying and Confirming this and no other to be my last Will and Testament. In Witness where of I have here unto Set my hand and Seal. This Tenth day of February One Thousand Eight Hundred and five Signed Sealed & declared in the presents of us Joseph Cutrell George Williams Caleb Swindell (Seal) ===== transcribed by: Margaret Gower Leggett +++++++++++++++++++++++++++++++++++++ Copy of Will State of NOrth Carolina Hyde County In the Name of God amen I Valentine Swindell of the state and county of our lord being week of bidy but of perfect mind and memory Calling to mind the Mortality of my body and knowing that it is appointed for all men once to die and as to settling Such worldly Estats where with it hath Please god to bless me with in the life I Give and despose of in the following manner and fourm? viz/ I Give and bequeath unto my beloved Wife Rebeca Swindell my hole Estate duren her life after her Deth I Give and bequeath unto my son Amasa Swindell Fifty acors of land ajoining his fifty. The Rest of my plantion witch is one hundred acors of land I Give and bequeath James W. Swindell My Son all the Rest to be ecuel devided among my four daughters after my dets is paid. Lastly I Constitut and appoint my dearly Beloved Wife my hole Ecutor to this my Last will and testament. Ratifing this and only this to be my last will and Testament. In witness Where of I have herein to Sid? my hand and Seal this 23th day of July 1833. Signed Sealed and acknowledge In presence of us Amase Swindell W. G. Harris Valentine Swindell ======== transcribed by: Margaret Gower Leggett +++++++++++++++++ Copy of Will State of North Carolina, Hyde County In the name of God Amen, Be it known that I William Swindell Sen. of the State and County aforesaid, being weak in boy, But of strong and sound mind and memory, do make and constitute this instrument of writing my last will and testament, in manner and form hereafter mentioned. It is my request that my Body should be buried in a Christian like manner, emediately after my death, under the direction of my Exectuors. As touching such property and What Estate, Providence has blessed me with I give and despose of in the following manner Viz- Item - I give to my beloved wife Sally Swindell during her natural life a piece of land, containing the buildings and all the profits arising therefrom during her natural life Bounded as follows beginning at a ditch near the Gabe Dwelling house, and running with the said ditch eastwardly by the graveyeard to the line of Marcus Swindell, then with his line and Daniel Shaws line of his Watson tract to said Shaws leading ditch thence with his leading ditch to the beginning also a privilege of firewood on any of my back or swamp lands also I give to my beloved wife during her natural life the following negroes Viz Levine, Rose and Little Nance, and all the House hold and Kitchen furniture (excepting one bed stead and furniture) also Choice Horse and Gig, three cows and calves one thousand Cypress rails in the Popler ridge Swamp, and a competency for her one hars provisious. Item - I give to my son Dixon Swindell and heirs and assigns forever, Eight Acres of land on the Eastermost end of the land which I bought of Josephus Wade, contained within the following bounds Viz Beginning at the South east corner of said tract and running West until a North Course to the back line & with the outlines to the first station will include the eight acres aforesaid, also the land and plantation where on I now live (excepting only the life estate of my beloved wife Sally Swindell in that part thereof described above, also all my right title and Interest of an undivided tract of land in John Swindell's 300 acre pattent on the North Side of Mattamuskeet Lake all of the above described pieces & tracts of land I give to my afores son Dixon Swindell and his heirs forever. I also give to my aforesaid son Dixon Swindell Two negroes Caswell and Anson to him & his heirs forever. Item - I Give to my Two Sons William Swindell & Joseph Swindell The tract of land which I bought of Josephus Wade (excepting Eight acres to be taken off at the eastermost end of said tract which given to my son Dixon Swindell as afore described, also the ___ half of the tracts of land Joining Daniel Show & Marcus Swindell on the north, which I bought of Cason Jones & wife & Cason Gibbs & joining the Bradly tract of land, To them and their heirs forever (excepting a previlege of fire wood for my wife as before mentioned. Item - I give to my Son William Swindell Two negroes, viz Grace and Ben, to him and his heirs forever also, one Bed & furniture, and fifty dollars to be paid out of the sales of other property. Item I give to my son Joseph Swindell Two negroes viz Kelly & Eliza to him & his heirs forever. Item - I give to my daughter Matilda Selby during her natural life the piece of land which I bought of Robert Jennett and the land I bought at a Sheriffs sale at the court House both of which is knowby by the name of the Milby Tract, joining Noah Gibbs and others, after the death of the said Matilda Selby my daughter, I give said tract of land to her children that is lawfully begotten of her, that may be living at her death to be equally divided amongst them share & share alike. Item - I Give to my daughter Matilda Salby Two negroes viz Sam and Simeow, to her & her heirs forever, also the ballance of the Cypress Rails in the popler Ride swamp not heretofore given away. Item - I will that my executors shall sell either at private or public sale, the Following negros viz Martin, Old Nance, Made Codel & Ann, also stock, Crop and all other property & things not before willed and given away for the purpose of paying all my just debts, or as many and as much thereof as will satisfy all my all my debts, and remainder or remainders there of, whether it be in money or Negroes, I give to my children Dixon Swindell, William Swindell, Joseph Swindell, Matilda Selby & to my wife Sally Swindell to them & their heirs to be equally divided amongst them. Item - Lastly after the death of my beloved wife Sally Swindell I give unto my children Dixon Swindell, William Swindell, Joseph Swindell, & Matilda Selby and their heirs the following Negroes viz Levine, Rose, and Little Nance to be equally divided amongst them. Of this my last will and testament I further appoint my Two Eldest sons Dixon Swindell and William Swindell, my whole & sole Executors to this my last will and testament, revokint all others by me or for me made, ratifying and declaring this to be my last will and Testament. I ____ whereof I the said William Swindell Sen. have hire unto set my hand and seal this the 20th day February 1837. Signed & sealed in presence of Milton Selby Dempsey Voliray Wm. Swindell Jr. (Seal) ==== transcribed by: Margaret Gower Leggett +++++++++++++++++++++++++++++++++++++++++++++ Copy of Will In the name of God, Amen. I Wade Swindell of the county of Hyde and State of North Carolina, being of sound mind and memory (blessed) be Almighty God for the same) do make and publish this my last will and testament. First: I give and bequeath to my son Marshall H. Swindell five dollars to be paid to him by my executrix hereinafter nammed within six months after my decease; Second. I give and bequeath to my beloved Wife Mahala all the rest of my property real personal and mixed of what nature or hind soever, and wheresoever the same shall be at the time of my death (after paying from the same all my just debts and the legacy of five dollars already named to be hers as long a she shall remain unmarried and my Widow, but on her decease or marriage all my property real personal or mixed I give and devise to my six children Amanda Roena, Fannie Burrus, Della, Verna Cafrel, Wade and Willie Volentine, and their hiers respectively to be divided in equal shares between them. I do nominate and afppoint my beloved wife Mahala to be the sole executrix of this my last Will and testament. In testimony whereof I hereunto set my hand and seal and publish and decree this to be my last will and testament in prisence of the Witnesses named below this 12th day of November in the year of our Lord one thousand eight hundred and eighty one. Wade Swindell (seal) Signed Sealed declared and published by the said Wade Swindell as and for his last will and testament in presence of us who at his request and in his presence and in presence of eath other have subscribed our names as witnesses hereto. George W. Benson residing on South Lake in Hyde Co. Alonzo O'Neal residing on South Lake in Hyde Co. Copy of Will North Carolina Hyde County I Wade Swindell of the aforesaid county and State, being of sound mind but considering the uncertanity of my earthly existence do make and declare this my last Will and testament: First my executor hereinafter nammed shall give my body a decent burial suitable to the wishes of my friends and relations and pay all funeral expenses together with all my just debts out of the first moneys which may arrive into his hands belonging to my estate. Second I give devise and bequeath to my beloved brother William V. Swindell all of my estate both real and personal of whatever nature of which I may be possessed at the date of my death to be his absolutely and forever. Third I hereby donstitute and appoint by beloved brother William V. Swindell my lawful executor to all intents and purposes to execute this my last Will and Testament according to ___ ______ and meaning of the Same and every ___ and ______ there of hereby revoking and declaring utterly void all other wills and testaments by me heretogore made. In witness whereof I the said Wade Swindell do hereunto ___ my hand and ___, this 27th day of Dec. 1892 Wade Swindell (Seal) Signed , ____, published and declared by the said Wade 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 Alonzo O'Neal Robt Jennette +++++++++++++++++++++++++ transcribed by: Margaret Gower Leggett leggett@mailhost.magicnet.net Orlando, Fl. © Diane K. 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