Marion County, SC Wills, Estate & Probate Records

Transcribed by Francine Jones, 11 May 2001

WILL OF MALCOM MACSWAIN

In the name of God Amen I Malcom MacSwain of South Carolina And Marion District

being weak of body but of perfect mind and memory thanks be to God for the same

calling to mind the mortality of my body and Knowing that it is appointed for all men

once to die do make and ordain this my last will and testament that is to say principally

and first of all I give and recommend my soul into the hands of Almighty God that gave

it and my body to the earth to be Buried in decent Christian burial at the discretion of my

Executors hereafter mentioned nothing doubting but shall receive the same again by the

Mighty power of God and as touching such worldly Estate as has been pleased God to

blefs me within this life I give and dispose of in the following manner that is to say.

I lend to my beloved wife during her natural life the plantation that I now live on with

All the land adjoining thereto with all my working tools and household furniture also

Also I give to my wife One Negro woman named Milly to be at her disposal forever.

To my daughter Catson I give one Negro Girl named Chance.  To my daughter Polly

I give one Negro boy named Orres:  To my daughter Betsy I give one Negro man 

named Prince  To my son Daniel I give two Negroes one named Sam the other named

Ben  Also the Plantation on Buck Swamp that I bought from James Smith containing

Five hundred acres.  To my daughter Margaret I give one negro Girl named Polly

I desire that my wife and all my children that is under age should live on the plantation

with my wife till they come of age:  that is to say the male to twenty one years of age 

and the female to Eighteen and then they are to command their property.  I give to

my mother one hundred dollars to be amedintly Recd at my decease My Negro woman

named Settes is to be with my wife to work for the small children till the Youngest

comes of age and the said negro woman as to be sold by my Executors with all her

Encrease and devided between Catron Polly Betsey and Margaret  The plantation that

I now left my wife at her disease I desire my Executors to sell and to be equally divided

between my four daughters  I desire my Executors to sell of my Stock and crop as much

as may be sufisent to sattisfy my just debts and funeral charges and then divide the 

Stock between my children and wife  I do hereby utterly disallow revoke and disannull

all and every other will or Wills made before by me and do appoint Daniel Mac Durmud  

Flora MacSwain and Marcom Purcell my whole and sole Executors and Executrix of

This my last Will and testament  In Witnefs I have hereunto Set my hand Seal This 8th of

October 1807.

Phil Bethea                                                              his
          Her                                                     Malcom  X MacSwain
Elizabeth  E  Thompson                                                   mark
          Mark

Recorded in Will Book 1, page 43

Original Will Missing

Proved November 5, 1807

Samuel Cooper, Esquire, Ordinary of Marion District

Role No. 496

~~~~~~~~~~~~~

Note: In the Probate Roll Daniel McSwain, aged 14 years, petitioned the court on 23 Feb. 1811 asking the court to make his brother in law, Randal McDonald his guardian.

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