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February 26, 2014

Will of John Swain of Abbeville District, South Carolina

Will of John Swain of Abbeville District, written 7 Mar 1821. proved 7 Sep 1823 :

Actual record on left. Transcription below:

State of South Carolina Abbeville District In the name of God Amen. I John Swain calling to mind that it is appointed for all men once to die: being in a weak and low condition but of sound mind and memory do constitute and ordain this to be my last will and testament making null and void all others. First, I commit my soul to God who gave it and my body to be decently buried by my Executor. Second my will and desire is that my worldly goods be disposed of in manners following after the payment of all my just debts and of my estate. I will give and bequeath to my loving wife, Ann Swain: the plantation whereon I now live and all lands I possess to have and enjoy during her natural life reserving to my children: James Swain, Jane Swain, Jesse Swain, Nancy Swain, John Swain, Mary Swain, William Swain, Peggy Swain: the __ of living with her and cultivate the soil for their support until they or either of them marry or come of age __ such longer time as may be convenient for them or either of them and my beloved wife. I also give and bequeath to my beloved wife all the household and kitchen furniture stock of every kind and plantation tools during her natural life or until my youngest child Peggy Swain is eighteen years of age in case my wife is living when my youngest child is eighteen years of age my will is that the household and kitchen furniture stock and plantation tools be divided by appraisment between my wife and all of my children including my daughter Betsey Smith, my wife having one-third. I give unto my beloved wife four negros (to wit) Will, Cuffee, Milly & Eliza for and during the natural life of my beloved wife Anna Swain. My will and desire is that at the death of my wife all the property both real and personal that is hereby given to my beloved wife, return to and be considered as part of my estate and be divided amongst all my children either by appraisment or sale in case of the sale of the land. I do hereby authorize my executor to make titles thereto. Third, my will and desire is that after my decease my remaining negros Strother, Fillis, Rachel, Isaac, Manuel, Caroline, Malinda, Amy, _____ receive their increase if any be appraised and divided by lot between all my children James Swain, Betsey Smith, Jane Swain, Jesse Swain, Nancy Swain, Mary Swain, John Swain, William Swain, and Peggy Swain all the lots to be made equal by paying the difference of value in money. Lastly, I do hereby consistute and appoint my two sons Jesse Swain and John Swain my executors to carry this my last will and testament into execution. In testimony whereof I have hereunto set my hand and affixed my seal this seventh day of March one thousand eight and twenty one in the presence of:
John Weatherall
Robert Swain
William Hodges

John Swain

The above will was proven by the oaths of Robert Swain and William Hodges on the seventh day of September 1823 and Jesse Swain one of the executors therein named was qualified before.

Citation: "South Carolina Probate Records, Bound Volumes, 1671-1977," images, FamilySearch ( : accessed 26 Feb 2014), Abbeville > Wills, 1815-1837, Vol. 02 > image 98 of 236.

My research notes: Two of the witnesses of this will are the same as the will of Robert Swain (previous post). The other witness is a Robert Swain, John's brother, i presume

This website shares a photo of john swain's tombstone. The inscription reads December 25, 1759- August 31, 1823 which would make him 64 when he died, and about 15 years older than his brother, Robert.

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