| Notes |
- Lee Ora May Swinney's data states that David had sons Andr e w and King, daughters Rachael, Nancy and Elizabeth.
Census 1850, Monroe Co., W.VA, lists David age 28 and Eliz a beth age 27.
The following is reproduced from a copy of the "handwritte n " Clause of the Will of Delany Swinney:
To the Justices of Monroe County Court
By the 4th Clause of the Will of Delany Swinney, dec'd , h e devised to the children of his son David, the sum o f $300 0: for which he held the note of James Swinney, to b e pai d in twenty annual payments of $150 each: & directe d that s o much of each annual payment should be used for t he suppor t and education of said children as should be nec essary. T he residue to be loaned out upon interest unti l the childre n should arrive at the age of 21 years..and w hereas the Fat her of said children having removed them fro m this part o f the Country..making it unnecessary for th e executor to ex pend the said fund for their support & edu cation at present . I have therefore as one of the executo rs of said Swinney , collected the first payment of said su m, being $150.00 wh en which I have also collected one year s interest - - - - - $ 9.00, making $159.00, which sum I ha ve loaned out at Inte rest and upon which I am accountabl e for Interest from th e 7th October 1854, all of which i s respectfully submitte d July 7, 1855. John Tiffany One o f the Exc of Delany Swinn ey, Dec'd.
At Monroe county Court June Term 1858 A Report by Delan e y Swinney's Executors of the fund due to David Swinney' s ch ildren was presented & ordered to be recorded. A Cop y - Tes te, Geo. W. Hutchinson, Clerk
852 - D. Swinney's Ex'ors, Report as to David Swinney ' s Children, Recorded & Examined Book No 6 page 323
The following is (another) reproduced from a copy of the " h andwritten" Clause of the Will of Delany Swinney:
To the Justices of Monroe County Court
By the 4th Clause of the Will of Delany Swinney, dec'd , h e devised to the children of his son David, the sum o f $300 0: for which he held the note of James Swinney, to b e pai d in twenty annual payments of $150 each: & directe d that s o much of each annual payment should be used for t he suppor t and education of said children as should be nec essary. T he residue to be loaned out upon interest unti l the childre n should arrive at the age of 21 years..and w hereas the Fat her of said children having removed them fro m this part o f the Country..making it unnecessary for th e executor to ex pend the said fund for their support & edu cation at present . I have therefore as one of the executo rs of said Swinney , collected (since the date of my last r eport) the fourth a nd fifth payment of ..?.. $309 which to gether with the sum s heretofore collected & reported makin g in the aggregate u p to the 7th of October 1859, $845.5 4 which sum I have loan ed out upon Interest & upon whic h I am accountable for In t from the 7th day of Oct 1857, a ll of which is respectfull y submitted. John Tiffany One o f the Exc of Delany Swinney , Dec'd.
At Monroe county Court June Term 1858 A Report by Joh n T iffany, Exec of Delany Swinney dec'd, as to the fund be lon g to David Swinney's children was returned & Ordered t o b e recorded. A Copy - Teste, G. W. Hutchinson, Clerk
852 - D. Swinney's Exec, Report as to D. Swinney's Childr e n 1858 June OR Recorded & Examined Book No 7 page 53
The following is reproduced from copies of the "marriage " f orm and receipt for Delany Swinney & Elizabeth Cummings:
KNOW ALL MEN BY THESE PRESENTS, THAT we David Swinney & Ch a rles Cummings are held and firmly bound unto John Rutherf or d ..?.. , Governor of Virginia in the sum of one hundre d a nd fifty dollars, current money, and for the payment o f whi ch, well and truly to be made to the said Governor an d hi s successors in office, we bind ourselves, our heirs , execu tors and administrators, jointly and severally, fir mly by t hese presents. Sealed with our seals, and dated th is 24th d ay of October 1841. The condition of the above ob ligation i s such, That whereas a marriage is shortly to b e had and so lemnized, between the above bound David Swinne y & Elizabet h Cummins [sic] of the county of Monroe. If t herefore, the re be no lawful cause or impediment to obstru ct said marria ge, then the above obligation to be void, ot herwise to rema in in full force and virtue. Teste, Davi d Swinney [signe d] Charles Cummins [signed]
[handwritten receipt] October the 25, 1841, Mr. John Huchi s on, Clerk of Monroe County Sir, I, Delany Swinney do her e b y autherise [sic] and request you to issue or give lice ns [ sic] for lawful wedlock and this shall be your justifi abl e receipt for the same given under my hand and seal. De lan y Swinney [signed] Teste, Isaac Rouch
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Abt 1822 - Yes, date unknown
