The Last Will and Testament of
Wiley Swinney
Bettie Parker Gustafson of Rosemark, Tennessee, was first to complete the tedious, laborious, and time-consuming work of transcribing the Last Will and Testament of WILEY SWINNEY while preserving the original spelling, punctuation, page numbering, and other characteristics of the document as found in the copies of the original Will papers which are located in the office of the Chancery Court, Booneville, Prentiss County, Mississippi. Bettie is a third great granddaughter of Wiley Swinney
This transcription is taken from her work, with corrected spelling and punctuation, not of her work, but of the document itself. Names are emphasized, however leaving the original page numbering in tact by James McCarty Robertson of Cordell, Oklahoma. James is a second great grandson of Wiley Swinney
From Old Tishomingo County, Mississippi Will Book Vol. A - 1854-1921 - p. 73-93.
p. 73
The State of Mississippi Tishomingo Court
In the Probate court of said county at the April term here of AD 1858.
In the matter of a certain instrument of writing purporting to be the last will and testament of WILEY SWINNEY deceased the same bearing date on the 15th day of January AD 1857 with a codicil attached thereto bearing date on the this 1st day of November 1857 also a further codicil attached thereto bearing date on the 15th day of January AD 1858 and also a further codicil thereto bearing date on the 11th day of February AD 1858. Be it remembered that on this the 12th day of April AD 1858 personally appeared in open court BENJ C. RIVES, THOMAS SMITH and ELIJAH SMITH subscribing witnesses to a certain instrument of writing purporting to be the last will and Testament of WILEY SWINNEY dec'd late of said county bearing date on the 15th of January AD 1857 who having first been duly sworn deposed and said that the said WILEY SWINNEY signed sealed published and declared said instrument as his last will and testament in the presence of these deponents on the day of the date thereof also that the said WILEY SWINNEY signed sealed and published and declared the codicil attached to said instrument as a part thereof bearing date the 15th day of January 1858 in the presence of this deponents on the day of the date of said codicil that said testator was at the time of the signing of said original Will and so at the time of the signed said codicil was of sound mind and disposing memory and more than twenty one years of age and these deponents signed said will and also said codicil as witnesses there to at the instance and request and in the presence of the said WILEY SWINNEY.
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and also in the presence of each other on the day and year aforesaid.
Benj C. Rives
Thomas Smith
Elijah Smith
Sworn to and subscribed before me in open court 12th April AD 1858.
E. W. Carmack, Clerk
Also approved in open court MILKIJAH SURATT, WILLIAM C. WILKINSON and A. B. GRIFFITH who being first duly sworn deposed and said that said WILEY SWINNEY signed sealed published and declared the codicil to said Will attached as a part thereof bearing date on the 10th day of February 1858 as for a part of his said last will and testament on the day that the said bears date in the presence of these deponents that the said testator was as the time of signing said codicil of sound mind and deposing memory that they subscribes their names to said codicil at the instance and request and in the presence of each other on the date thereof.
M. Suratt
William C. Wilkinson
A. B. Griffith
subscribed and sworn to in open court 12th April 1858.
E. W. Carmack, Clerk
Also personally appears in open court THOMAS SMITH, ELIJAH SMITH who being first duly sworn deposed and said that the said WILEY SWINNEY signed sealed published and declared the codicil attached to his said last will and testament bearing date the first day of November 1857 as and for a part of his said last will and testament in the presence of these deponents on the day that the same bears date that the said testators was at the time of sound mind and disposing memory that they signed the same
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as witnesses thereto as the instance and request and in the presence of the said WILEY SWINNEY and in the presence of each other and that they saw the other subscribing witness to said codicil (JOHN J. PLAXICO) sign said codicil in the presence and at the request of said testator and in the presence of these deponents.
Thomas Smith
Elijah Smith
Subscribed and sworn to in open court 12th April 1858.
E. W. Carmack, Clerk
The last Will and Testament of WILEY SWINNEY of the County of Tishomingo and State of Mississippi Witnesseth that I the said WILEY SWINNEY being in very feeble health but of sound mind and disposing memory for which I am thankful to the Supreme Ruler of the Universe do make publish and declare this as my last will and testament to wit:
Item first (1st): I resign my soul to the God who gave it and my body to the earth from whence it came with a full faith confidence in the truths contained in the New Testament in relation to the resurrection and as the great day of accounting.
Item second (2nd): I give and bequeath to my son THOMAS SWINNEY son of my wife MAHALA SWINNEY formerly MAHALY CALVERY my following named and described Slaves for life to wit: MOSES a boy about Twenty (20) years of age, MARY ANN a girl about Twenty (20) years of age and her future increase for life, JORDAN a boy about nine years of age. Also the following described and mentioned lands lying and being in the county of Tishomingo and State of Mississippi. To wit:
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the South west quarter of Section numbered seventeen (17) of Township numbered Five (5) of Range numbered Eight (8) East of the Basis Meridian according to the plan of the survey of the Chickasaw Cession of Lands in the State of Mississippi.
Item third (3rd): I Give and bequeath to my Daughter REBECCA SIMMONS wife of JAMES SIMMONS Daughter of my present wife MAHALY SWINNEY formerly MAHALY CALVERY my following named and described Slaves to wit: REUBIN a boy about seventeen (17) years of age, LOUIZA a Girl about Twenty (20) years of age with her future increase for life and COOPER a boy about fifteen years of age and ZACHARIAH a boy about Eight years of age. Also the following described and mentioned land lying and being in the County of Tishomingo and State of Mississippi. To wit: the North west quarter of section Numbered seventeen (17) of Township numbered five (5) of Range number Eight (8) East of the basic Meridian according to the plan of the survey of the Chickasaw Cession of the Lands in the State of Mississippi. Also the south west quarter of section numbered eight (8) of Township numbered five (5) of Range numbered Eight (8) East of the Basic Meridian according to the plan of survey of the Chickasaw Cession of Lands in the State of Mississippi.
Item Fourth (4th): I Give and bequeath to my Daughter SABRA JANE SWINNEY Daughter of my Present wife MAHALY SWINNEY formerly MAHALY CALVARY My following named and mentioned Slaves To wit: BETTY a girl about twelve (12) years of age with her future increase for life, AUGUSTUS a boy about thirteen (13) years of age, SAM'L a boy about fifteen (15) year of age, MELVINA a girl about six (6) years of age together with the future increase of the said female salves for life.
p. 77
Item fifth (5th): I Give and bequeath to my son WILEY SWINNEY son of my Present wife MAHALA SWINNEY formerly MAHALA CALVERY my following mentioned and named slaves to wit: JOSEPH a boy about nine (9) years of age, HANAH a girl about seven (7) years of age together with her future increase for life, JIM (or JAMES) about nine (9) years of age and JOHN a boy about sixteen (16) years of age.
Item sixth (6th): I Give and bequeath to my son EDMOND SWINNEY son of my Present wife MAHALY SWINNEY (formerly MAHALY CALVARY) my following mentioned and described slaves to wit: ARON a man about thirty six (36) year of age, ALICE a woman about forty three (43) years of age together with her future increase for life, JANE a girl about twenty one (21) years of age together with her future increase for life and MARIAH a girl about six (6) months of age together with her future increase for life.
Item Seventh (7th): I Give and bequeath to my son WILLIAM T. SWINNEY son of my present wife MAHALY SWINNEY (formerly MAHALY CALVERY) My Following mentioned and described Slaves To wit: BODERICK a man about forty five (45) years of age, JULY ANN a girl about twenty (20) year of age together with the future increase of Said Slave JULY ANN for life, SUSAN a Girl about seventeen (17) years of age together with her future increase for life and RICHARD a boy about six (6) years of age.
Item Eight (8th): I Give and bequeath to my beloved wife MAHALY SWINNEY (formerly MAHALY CALVERY) to ensue to her during her natural life or widowhood only my following mentioned and named Slaves to wit: ABRAM a man about fifty six (56) years of age, JIM (or JAMES) about sixty five (65) years of age, CHARLES a boy about twenty six (26) years of age, CHANA a girl about six (6) years of age together with her future increase
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for life, CHARITY a woman about forty (40) years of age together with her future increase for life, HENRY a boy about three (3) years of age, VIOLETTA a woman about fifty three (53) years of age ANA ANGELINE a girl about twelve (12) years of age with her future increase for life.
Item Ninth (9th): I Give and bequeath upon the death and marriage of my beloved wife MAHALY SWINNY (formerly MAHALY CALVERY) unto my three (3) sons and one (1) Daughter begotten by me of my said wife MAHALY SWINNEY to wit: WILEY SWINNEY, EDMOND SWINNEY, WILLIAM T. SWINNEY, and my daughter SABRA JANE SWINNEY all the Slaves together with their future increase of the female Slaves bequeathed to my beloved wife MAHALY SWINNEY in the Eighth (8th) Item in this my last will and testament to be divided between my three (3) sons WILEY, EDMOND and Wm T. and my Daughter SABRA JANE SWINNEY equally share and share alike But if my beloved wife MAHALY SWINNEY should here after bear to me any child or children lawfully begotten then and in that event it is my will and desire and I so direct that at either the death or marriage of my said wife MAHALY SWINNEY that the Slaves bequeathed to my said wife MAHALY SWINNEY in the Eighth (8th) Item of this my last will and testament be divided and equally amongst said children if these should be two (2) or more share and share alike. But if my said wife should bear only one (1) child here after lawfully begotten by me it is my will and desire and I so direct the said child of my Estate be made Equal in value with that of my son THOMAS SWINNEY'S herein before devised to _____ part of the property herein before _____ to my beloved wife MAHALY SWINNEY and the balance of said property together with
p. 79
the future increase of the females slaves to be equally divided between my said three (3) sons WILEY, EDMOND and WILLIAM T. and one (1) daughter SABRA JANE SWINNEY Share and share alike as mentioned in this the ninth (9th) Item in my last will and Testament.
Item Tenth (10th): I Give and bequeath to my beloved wife MAHALY SWINNEY and my three (3) sons WILEY, EDMOND and WILLIAM T. and my one (1) daughter SABRA JANE SWINNEY my following lands situated lying and being in the County of Tishomingo and State of Mississippi to Wit And known and designated on the plan of the survey of the Chickasaw Cession of lands in the State of Mississippi as follows to wit and south half of the section numbered thirty six (36) in Township Numbered four (4) of Range Numbered Seven (7) all of section Numbered one (1) of Township Numbered five of range Numbered seven (7) the north half of section numbered six (6) of Township numbered five (5) of Range numbered Eight (8) south west quarter of section Numbered six (6) of Township numbered five (5) of Range Numbered Eight (8) the south Ease quarter of section numbered thirty one (31) of Township Numbered four (4) of Range numbered Eight (8) and the North Ease quarter of section numbered Twelve (12) of Township numbered five (5) of Range numbered Seven (7) and the South East of quarter of section numbered thirty five (35) of Township numbered four (4) of Range numbered seven (7) All East of the Basic Meridian to be Equally divided between them share and share alike when the youngest child WILLIAM T. SWINNEY arrives at the age of Twenty won (21) years to be enjoyed and used by them until that event at which time a division of said land is directed to be had and made of said land as follows to wit that is my said wife MAHALY SWINNEY
p. 80
is to have the dwelling house and out hoses and allotted to her as a part of her portion of said land to be held and enjoyed by her during her natural life on so long as she shall remain my widow and upon the death or marriage or marriage of my said wife MAHALY SWINNEY I will and direct that the portion of my land herein bequeath to my said wife MAHALY SWINNEY be equally divided between my three (3) sons and one (1) Daughter SABRA JANE SWINNEY.
Item Eleventh (11th): I hereby Will and direct that at my death with all convenient speed that my Executor herein after named shall proceed to sell on a credit of twelve months from the day of sale except for sums under five Dollars which shall be paid in cash all my Estate both real and personal of whatsoever kind and character and whatsoever situated which is not herein specifically bequeathed except such stock tools provisions Providing food and other property and be as is herein after otherwise disposed of And that my said Executor shall out of the proceeds arising from said sale when collected pay all my Just debts funeral and testamentary Expenses and that he pay over the balance to my Said Wife MAHALY SWINNEY as herein bequeath and directed.
Item Twelfth (12th): I hereby will and bequeath unto my beloved wife MAHALY SWINNEY during her natural life or widowhood all the property not herein before directed to be sold that is to say sixty (60) head of stock hogs, Eight (8) head of Horses or Mules, Thirty (30) head of Sheep, Seven (7) head of Milch Cows, Two (2) yoke of Oxen, all my Household and Kitchen furniture, one (1) wagon, one (1) cart, my blacksmith Tools and a sufficient quantity of a suitable quality of farming tools and with which to carry on the farm.
p. 81
also a sufficient quantity of corn fodder and oats be for the above named stock and provisions of Every Kind sufficient for the family both White and Black until a supply can be made an the farm also the residue of the money arising from the sale of my property herein before directed to be sold by my Executor for the purpose herein after expressed.
Item Thirteenth (13th): I hereby further will and direct that my beloved wife MAHALY SWINNEY during her natural life or widowhood after my death shall keep together and work and farm all the Slaves herein before bequeathed to her and to use for the purpose all the property herein before bequeathed to her that she may think necessary to cultivate the farm and to keep in with all the necessary appurtenances thereto belonging in good Repair and that the farm salves and stock be under her entire control until the conditions and Events in said bequeath to her specified shall have occurred.
Item Fourteenth (14th): I will and direct that my beloved wife MAHALEY SWINNEY during her natural life and widowhood shall act the Guardian of the persons of my and Estate of my three (3) sons WILEY, EDMOND and WILLIAM T. and my one (1) daughter SABRA JANE SWINNEY all of whom were lawfully begotten by me of his said wife MAHALY SWINNEY until they respectfully arrive at the age of Twenty one (21) years or marry and that out of the property excepted from sale and herein before bequeathed unto the said MAHALY SWINNEY and the residue arising from the sale of my property herein before directed to be sold and which I have herein before bequeath my said wife MAHALY SWINNEY and directed to be paid over to her
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by my Executor herein after named and out of the proceeds arising from the farm or a sufficient amount thereof if not otherwise appropriated she shall raise support clothe and Educate in a substantial near ample and sufficient manner my said three (3) sons WILEY, EDMOND and WILLIAM T. and my one Daughter SABRA JANE SWINNEY and further that she shall give to each of said children To Wit: WILEY, EDMOND, WILLIAM T. and SABRA JANE upon their arrival as sufficient age to require is a good horse saddle and Bridle and upon the arrival at the age of Twenty one (21) years or marriage of either of my said three (3) sons and daughter as herein before in each specified or bequeathed expressed and specified that she the said MAHALY SWINNEY shall give to them and Each of them a good bed and sufficient bedding together with house hold and kitchen furniture for house Keeping.
Item Fifteenth (15th): I hereby further will and direct upon the death or marriage of my wife MAHALY SWINNEY All the property herein before bequeath to my said three (3) sons WILEY, EDMOND and WILLIAM T. and my daughter SABRA JANE SWINNEY or any another of them who shall or may be minors at that time as well as the person or persons of such minor or minors be placed in the hands of a Guardian to be chosen by them who are of sufficient age other wise to be appointed by the court that may have the proper Jurisdiction of the same which Guardian or Guardians shall act in all Respects toward said minor persons and Estate as I have herein before directed that my said wife MAHALY should act and that and that such Guardian be required to give good security for his acts.
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Item Sixteenth (16th): I hereby further will and direct that upon the death or marriage of my wife MAHALY SWINNEY that all the property together with the increase of the same excepted form sale ad herein before mentioned and also all the property herein before bequeathed to her my said wife MAHALY SWINNEY with the increase then of for the purpose before mentioned and also all the property and the increase then of which she shall or may have brought and not before disposed of and which may remain in her hands at the time of her death or marriage shall be sold and the proceedings arising from the sale then of when collected together with the proceeds arising from the farm and the remainder or residues of the sale of any property herein before directed to be sold to be equally divided between my three sons WILEY, EDMOND and WILLIAM T. and my one (1) Daughter SABRA JANE SWINNEY share and share alike.
Item Seventeenth (17): I further Will and direct that upon the death of my sons WILEY, EDMOND and WILLIAM T. or my Daughter, SABRA JANE SWINNEY or either of them before taking their respective bequest herein before named and bequest of each one or ones so dying shall fall into and be apart of the remainder of my Estate herein before mentioned and be equally divided share and share alike by and between the survivor or survivors of my said three (3) sons and one (1) daughter to wit WILEY, EDMOND, WILLIAM T. and SABRA JANE SWINNEY and their Respective heirs at the death or marriage of my wife MAHALY SWINNEY And in case such should lhappen after the death or marriage of my said wife MAHALY SWINNEY
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the same divisions as directed to her and said MAHALY SWINNEY shall be make by the Guardian or Guardians of my said three (3) sons and one daughter in this Item before named or of any or others of them chosen by them or appointed as herein before directed.
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