The Okie Legacy: Capt. David T. Gwin - Revolutionary War

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Volume 11 , Issue 11

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Capt. David T. Gwin - Revolutionary War

Back in 1920s, or perhaps closer to the mid-1920s, my grandmother, Constance Estella Warwick McGill, begin her compilation of Guinn/Gwin/Gwyn ancestors. I know this, because I have my grandmother's DAR certificate that was dated around 1925. She used Capt. David T. Gwin has her Revolutionary ancestor.

Capt. David T. Gwin was the son of Robert Gwin and Jean Kincaid. David was born in 1742 in Orange County, Wales and died in 1822 at Clover Creek, Highland county, Virginia. His Will is signed, seal and dated April 18, 1820. The south branch valley chapter of the Virginia Daughters of the American Revolution placed a memorial marker over his grave, together with a government marker on August 14, 1936.? The government marker was secured through the efforts of George W. Cleek, Staunton, Virginia, a descendant of Captain David Gwin.

Capt. David Gwin married (1st time) in 1768 to Jane Carlile who was born 11/26/1746 and died 1787, buried on Jackson River, Bath County (now Highland county, Virginia). Jane Carlile was the daughter of James Carlile, Jr. and Rachel Campbell.

Capt. Gwin's second marriage was 11/11/1790, when Capt. Gwin gave a marriage bond for Viola (Violet) Crawford. Viola Crawford Gwin is buried at Clover Creek, Highland County, Virginia. Viola was the daughter of William Crawford and Margaret Henderson of Dry Branch of Jackson River near Mustoe, Highland County, Virginia. (Ibid., Vol. II, pg 288 gives marriage bond for his second marriage). I wish someone please explain what a marriage bond consisted of back in those days?

David Gwin amassed a sizeable fortune which he disposed of in his will dated April 18, 1820 and recorded in Will Book 2, pg 416 on January 1822 in Bath County, Virginia.? The Will reads as follows:

In the name of God, Amen:

I, David Gwin, of the county of Bath, State of Virginia, being advanced in years but of sound mind and disposing memory and calling to mind the uncertainty of human life and the numerous inconveniences which might arise from my dying intestate have thought proper to make this my last will and testament hereby revoking and annulling all former wills by me made:

In Primus: I direct my executors hereinafter named as soon as may be after my decease, to pay my funeral expenses and all my just debts.? Item: I give and bequeath to my son David Gwin all the lands I purchased of John and Thos. Peoples whereon I now live including the mountain tract to him and his heirs forever, but as my death may happen before my said son David Gwin arrives at lawful age, in case of such an event, it is my will and desire that the property before devised be managed by my executors or rented out at their discretion until my said son arrives at full age and the proceeds thereof be applied at their discretion to the support and maintenance of such of my daughters as may then be unmarried and the maintenance and education of my said son David Gwin and his heirs forever one thousand pounds in money which I hereby direct my executors to pay over to him when he shall arrive at the age of twenty one years.? I also give and bequeath to my son David Gwin and his heirs forever my rifle gun, my desk and bookcase, my four tables, all my chairs, my bed and furniture and three chests, all which property I direct my Executors to have good care taken of and delivered over to my said son on his arriving at age aforesaid.

Item: I give and bequeath to my grandson David Gwin Kincaid, son of Thos. Kincaid the lands allotted to him by Adam Lightner, James Campbell lying on the waters of Jackson's River in the County? of Bath, being the same land whereon the said Thomas Kincaid now lives to him and his heirs forever, but it is my will and desire that the said Thomas Kincaid and his wife Sally and the longest liver of them shall have the right and privilege to live on and enjoy the whole of land during their natural lives upon condition they continue to reside on the same, but if they should, at any time, remove from said land then the benefits intended them by this devise shall cease and terminate and from the date of such removal the rents and profits and the right to use and occupy the land aforesaid shall rest in my grandson David Gwin Kincaid.

Item: I give and bequeath to my son Robert Gwin and his present wife, Polly Gwin, and the longest liver of them the right during their natural lives to live on and enjoy the lands on Jackson's River allotted them for their son David by Adam Lightner and James Campbell and after the death of the longest liver of the said Robert and wife, I give and bequeath the said land to David, my grandson (and son of Robt. and Polly Gwin) to him, his heirs and assigns forever.

Item: I give and bequeath to my son John Gwin and his present wife and the longest liver of them, the right to live on and enjoy the lands allotted them for their son David by Adam Lightner and James Campbell on Jackson's River and after the death of the longest liver of the said John and wife, I give and bequeath the said land to my grandson David Gwin (son of the said John) to him and his heirs and assigns forever.

Item:? I give and bequeath to my said Grandsons David Gwin Kincaid, David Gwin (son of Robert) and David Gwin (son of John) all my lands in the Big and Little Valleys on the waters of Wilson's Mill Run in the County of Bath to be equally divided between them, to them their heirs and assigns forever.

Item: I give and bequeath to my daughter Isabell and her heirs forever, one negro girl named Agnes and her future increase.

Item: I give and bequeath to my daughter Margaret and her heirs forever one negro girl named Betsy and her future increase.

Item: I give and bequeath to my daughter Rachel and her heirs forever one negro girl named Jane and her future increase.

Item: I give and bequeath to my daughter Susan and her heirs forever one negro girl named Violet and her future increase.

Item: I give and bequeath to my son-in-law Robert Lockridge and Polly his wife and their heirs forever two dollars to be paid them by my executors in full for their portion of my estate.

Item: I give and bequeath to my son James Gwin, one hundred pounds in money to him and his heirs forever to be paid him by my Executors soon after my decease.

Item: To my sons Robert Gwin and John Gwin, I give and bequeath the sum of two Dollars cash to them and their heirs forever.? To Thos. Kincaid and Sally his wife the sum of two dollars. To Jas. Wiley and Nancy his wife two dollars.? To John Cleek and Jane his wife the sum of two dollars and to Samuel Givens and Elizabeth his wife the sum of two dollars which said legacies I hereby direct my Executors to pay as soon as may be after my decease, it is my will and desire that my Executors herein after named soon after my decease take into possession of the slaves Isaac and Fown which I loaned to Robt. Gwin, a negro named Ned I loaned to Thos. Kincaid and a negro woman named Daffney I loaned to John Cleek which said several slaves were loaned to be returned whenever demanded.

Item: I give and bequeath to my daughter Rachel one feather bed and furniture also sum of sixty pounds in money to her and her heirs forever.

Item: I give and bequeath to my daughter Susan one feather bed and furniture also the sum of sixty pounds in money to her and her heirs forever.

Item: It is my will and desire that my Executors as soon as they shall have paid my funeral expenses and just debts and satisfy all the legacies hereinbefore named do proceed to ascertain the amount of all the residue of my estate of every kind whatsoever including my slaves not hereinbefore devised, my debts, money, stock, etc., which residue when so ascertained I desire shall be divided into seven equal parts.? One-seventh thereof I give and bequeath to my daughter Isabella her heirs and assigns forever.? I give and bequeath one-seventh part thereof to my daughter Margaret her heirs and assigns forever.? Same to my daughter Susan her heirs and assigns forever.? One-seventh part to be equally divided among the children of my daughter Elizabeth Givens and to be paid over to them by my executors as they come of age resp. but it is my wish and meaning that out of this seventh part shall be deducted the amount of bonds due and owing to me from Samuel Givens the husband of my said daughter Elizabeth.? I give an bequeath one-seventh part thereof to be equally divided among the children of my daughter Jane Cleek and to be paid over to them by my Executors as they come of age resp. and the remaining one-seventh of said residue I give and bequeath to the children of my daughter Nancy Wiley by her husband Jas. Wiley to be equally divided between them, to them and their heirs forever and to be paid over to them by my executors as they respectively become of age.

Item:? It is my will and desire that if any of my sons or daughters, sons-in-law or daughters-in-law, or any of my grand children shall be dissatisfied with the disposition I have made herein of my property and shall attempt to set aside this writing as my true last will and testament, they shall be excluded from all benefit of any portion of my estate whatever and every devise herein made to such person in such case shall be null and void.

Lastly, I appoint Wm. Hogshead, my son-in-law, my son Jas. Gwin and my friend, Otho Wade Executors of this my last will and testament, hereby repeating the same to be such and renouncing and revoking all former wills by me made.

In testimony whereof I have hereunto subscribed my name and affixed my seal this 18th day of April 1820 and have caused the same to be witnessed in my presence.
His mark

David T. Gwin (SEAL)

The above writing was signed, sealed, and declared to be the last will and testament of David Gwin in our presence by him and at his request and in his presence we subscribed the same as witnesses. John Steuart, James Hicklin, John Carlile, Martin Coyner
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