Orange County NcArchives Wills.....Swain, David L May 9, 1855
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Ben Franklin ben.franklin.ffru@gmail.com May 2024

Source: Loose Will, NC Archives CR 073.801, Will Book Volume G, pages 539-542
Written: May 9, 1855
Recorded: May 1868
Testator: David L Swain

I David L Swain of Chapel Hill in usual health
of body and mind, but conscious of my mortality and
accountability make and ordain this to be my last
Will and Testament, herein and hereby revoking all other
and former Wills by me at any time heretofore made

    Imprimis, I give to each of my three Children Anna
Caroline Richard Caswell and Eleanor a copy of the
Holy Scriptures to be selected from my Library, in the
order of their names. I Give to Anna the Bureau Known
as hers, and to Richard my gold watch, which he
may Prize not merely as a memento of his father
but of his fathers friend the Dr Robert B. Vance
from whom I received it as a dieing bequest. I
request my wife to procure for Eleanor when she
arrives at a suitable age, some article of furniture
equal in value to Annas Bureau, which she may
regard as a keep sake left her by her father

Item 1 To my beloved Wife Eleanor I give the whole
remainder of my estate real and personal in possession
or action wherever the Same may be at the time of my
death consisting principally of a tract of land on
Green River in Henderson County; of a tract of 320
acres in Whitfield County Georgia, of fifteen slaves
in the possession of Doct. J. A. Blakeman of Shelby

[page 2]
ville Tennessee, of twenty slaves in my own possession
of twenty five[?] shares of stock in the Bank of the State
of North Carolina, of Ten Thousand Dollars United
State stock, Five Thousand Dollars, North Carolina
State stocks (the Scrip for all which is deposited in
the Vault of the Bank of the State at Raleigh) of
Policy No 5730 in the National Loan Fund, Life
Asurance Society for Five Thousand Dollars, of
Fifty shares of stock in the North Carolina Rail
Road Company and of debts due principally by Bonds
to an amount as shown in a descriptive list deposited
in the bundle Containing this will and other valuable
papers, of more than Twenty five Thousand Dollars

Item 2 I request my Wife upon the receipt of the money
due me from my brotherinlaw William Coleman
to convey the slaves in his possession, belonging to
me, to the separate use of his wife for life remainder
to her children. The copy of a letter from me to James
M .Smith and Nicholas W. Woodfin Esquires da-
ted 18th September 1850, and of a letter to William
Coleman dated 8th October 1852, deposited herewith
will show more fully my object and desires upon
this subject

Item 3 I request my wife to pay to John Hall
during his life, the interest which shall accrue upon
a Bond given to me by Jason R Siler and due

[page 3]
on the 1 January 1854 for one Thousand Dollars &
on his death to invest the principal Sum in such man-
ner as my friends J. R. Siler and N. W. Woodfin Esquires
may consider best calculated to promote the comfort
of my nephew Robert Hall and my niece Jane
Hester and their children.

Item 4 I wish my wife to provide by the settlement
of an annuity or otherwise for the maintenance of my
brother George, if his circumstances shall render it
necessary. An annual stipend of Two Hundred Dol-
lars will be a competent provision to enable him
to adopt the mode of life most agreeable to him.

Lastly I desire my Just Debts to be punctually paid
and I appoint my wife Eleanor, and my friends
William H. Battle and William A. Graham Executrix
and Executors of this my last Will and testament

    In testimony of all which I hereunto subscribe
my name this 9th of May 1855
                                     D. L. Swain
Signed, sealed published          }
and declared in the presence      }
of us, who attest in the presence }
of each other                     }

[Will Book Volume G, page 539]
Court of Probate
for Orange County
Be it remembered that on this 10th day of September
AD 1868 before me George Laws Judge of the Court of Probate
for Orange County, a paper Writing purporting
to be the the[sic] last Will and Testament of David L Swain
deceased is offered for probed in the words and figures following
to wit I David L Swain of Chapel Hill in usual
health of Body and mind, but Conscious of my
mortality and accountability make and
ordain this to be my last Will and testament
herein and hereby revoking all other and former
Wills by me at any time heretofore made
Imprimis I Give to each of my Three Children Anna
Caroline Richard Caswell and Eleanor A Copy
of the Holly[sic] Scripture to be Selected from my
Library in the order of their names: I Give to Anna
the Bureau Known as hers and to Richard
my Gold Watch which he may Prize not
mearly[sic] as a memento of his Father but of
his his[sic] Fathers friend the Dr Robert B
Vance from whom I received it as a
dieing bequest! I request my wife to procure
for Eleanore when she arrives at a Sutiable[sic]
age some artical[sic] of furniture eaqual in
value to Annas Bureau which she may
regard as a keepsake left her by hir Father

Item 1st To my beloved Wife Eleanor I give the whole
remainder of my estate real and personal
in possession or action wherever the Same
may be at the time of my death Consisting
principally of a Tract of land on Green
River in Henderson County; of a tract of
320 acres in Whitfield County Georgia
of fifteen slaves in the possession of Doct
J S Blakeman of Shelbyville Tennessee of
Twenty slaves in my own possession of Twenty
Shares of Stock in the Bank of the State of North

[Will Book Volume G, page 540]
Carolina: of Ten Thousand Dollars United
State Stock Five Thousand Dollars North Carolina
State Stocks; The Scrip for all which is depostied
in the vault of the Bank of the State at Raleigh
of policy No 5730 in the National Loan fund
Life Asurance Society for Five Thousand
Dollars of Fifty Shares of Stock in the North
Carolina Rail Road Company and of Debts
due pri[n]cipally by bonds to an amount
as shown in a descriptive list in the bundle
Companing[containing] this will and other valuable
papers of more than Twenty five Thousand Dollars

Item 2 I request my Wife upon the receipt of the money
due me from my Brother in law William Coleman
to Convey the Slaves in his possession belonging to
me, to the seperate use of his wife for life
remainder to her children, the Copy of [ink blot] a
letter from me to James M Smith and Nicholas
W Woodfin esquires dated 18th September 1850
and of a letter to William Coleman dated
8th October 1852 deposited herewith will
show more fully my object and desires upon
this Subject

Item 3 I request my Wife to pay to John Hall during
his life the interest which shall accrue
upon a bond given to me by Jason R
Siler and due on the 1st January 1854 for
one Thousand dollars & on his death to
invest the principal Sum in such
manner as my friends J R Siler and N
W Woodfin Esquires may consider best
calculated to promote the comfort of my
nephew Robert Hall and my Niece Jane
Hester and their children

Item 4 I Wish my Wife to provide by the Settlement
of an annuity or otherwise for the maintenance
of my Brother George if his circumstances
shall render it necessary An annual

[Will Book Volume G, page 541]
Stipend of Two Hundred Dollars will be
a competent provision to enable him to
adopt the mode of life most agreeable to
him.

Lastly I desire my Just debts to be punctually paid
And I appoint my Wife Eleanor and my friends
William H Battle and William A Graham
Executrix and Executors of this my last Will
and testament In Testimony of all which I
hereunto subscribe my name this 9th
of May 1855

Signed sealed published }     D L Swain
and declared in the     }
Presence of us who      }
attest in the presence  }
of each other           }

With a subscription on envelope containing
The Said paper Writing which is also proved by
all the witnesses herein after named to be in the
proper hand Writing of the Said David L Swain
deceased as follows: to wit "Last Will & "
"Testament of D L Swain 22 June 1860"
The above will is offered for probate and
is proved in due form of law by the oaths
of Manuel Felter William A Graham and
William H Battle (to wit) Manuel Felter
Testifies that the paper writing now offered for
probate contained in the envelope accom
panying the same was deposited by the Said
David L Swain ["with" x-out] for Safe Keeping and after
his death was produced by him the witness and
was found deposited among his other most
Valuable papers and effects that he is well
acquainted with the hand writing of the said deceased
having acquired his knowledge from often
having seen him write and that the said paper
writing and each and every part thereof

[Will Book Volume G, page 542]
including the Signature is in the proper
hand writing of the Said deceased William
A Graham and Will H Battle each
Testify that he is also Well acquainted with the
hand Writing of the Said deceased having often
seen him Write and having had frequent corres
pondence with him by letter and otherwise
and that the Said paper Writing and each and
every part thereof including the Signature
is in the proper hand Writing of the Said deceased
as also the envelope containing the same

I do hereby order and adjudge that the Said
paper Writing and every part thereof now
offered for probate is the last Willa and
Testament of the Said David L Swain and
is proved and allowed as such.

And William A Graham one of the Executors
therein named appraised before me in person
and renounces in writing signed by him this
office of Executor: And at the Same time
Mrs Eleanor Swain and William H Battle
the other Executrix and Executor therein
named appear and Qualify as such
Executrix and Executor by taking the necessary
oaths according to Law

                Test Geo Laws
                     Judge of Probate

Additional Comments:
Will Book Volume G, pages 539-542
Recorded May 1868

Estate Papers comprise 140 pages and are found in a folder labeled "Swain, David L (1870)".  Jane Hester became Jane McDowell.  No family history found.