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LAST WILL AND TESTAMENT OF BRIANT SWINNEY

GILES COUNTY, TENNESSEE FEBRUARY 1837

Transcriber's best guess indicated by [brackets] where word is less legible.

In the name of God Amen. I Briant Swinney of the county of Giles and State of Tennessee being very sick in body and knowing it is appointed for all men are to die do make and order this my last will and testament. That is to say principally and first of all I leave 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 decent Christian Burial at the discretion of my executor nothing doubting but at the [General] resurrection I shall receive the same again by the mighty power of God and as tutching sutch worley estate where with it has pleased God to [bless] me in this life I give demise and dispose of the same in the following manner and form.
First I give and bequeath to Mary my dearly beloved wife all my effects to have and to hold as her own as long as she may live in widowhood after my death. Then to be equally divided between my children ( To wit) Malinda Swinney, Nella Swinney, Elizabeth Swinney, William Swinney, Anderson Swinney, Nancy Swinney, Ruthy Hays and Lucy Justice. I give and bequeath to her an equal proportion of said estate when divided with the above named children to her so long as she may live and then to her children. Said property not to be had by Mr Washington Justice in any way directly or indirectly. Allso Fanny Kelley and Richmond Swinney is each of them to have one dollar when said estate is to be divided among the above named children. Allso Henry Swinney he is to have one dollar. I allso appoint and constitute to make William Swinney my soul executor of this my last will and testament and I do hearby utterlly disallow revoke and disavow all and every other former testament wills legacies bequests and executors by me in any wise before named wills and bequeathed ratifiying and confirming this and no other to be my last will and testament in writing where of I have heare unto set my hand and seal this [thi _?__] day of February in the year of one thousand eight hundred and thirty seven signed sealed published pronounced and declared by the said Briant Swinney as his last will and testament in the presants of us who in his presants and in the presants of each other heare to subscribed our names.

Jas. L. Harris Curat

William Swinney Curat
(his marke) 

Briant Swinney
(his marke)
seal

Inventory of Briant Swinney, dec’d

35 acres of land, 1 sorrel mare, 7 head of cattle, 12 head of hogs, 2 featherbeds and furniture, 1 table, 1 cupboard , pewter wear, delph wear, 2 ploughs, 2 axes, 5 chairs, hooks and misc., 2 coffee mills and pot, 1 case knives, (etc.)

by William (x) Swinney
30 September 1837

Wit: J. T. Harris