Monday, March 18, 2024

Estate Settlement~Sarah "Sallie" Sellers

The estate of Sallie Sellers was probated beginning in July 1885. 

Sarah “Sallie Sellers was a daughter of Riley Sellers and Edna W. Byrd. Its a very lengthly estate with dual action in probate courts in both Chesterfield County, South carolina ans Henry County, Alabama.

Sarah "Sallie" Sellers was once married to Franklin Davidson, who is mentioned in the estate but no others records can be found of him.  

Her parents were married 19 December 1858 in Henry County, Alabama. They are only listed in two census; the 1850 and 1860 Henry County Census. Only one of their children are listed in these two Censuses; but, the foregoing probate record lists 4 children. 

One of those children was Mollie Sellers. Mollie Sellers married  William Davidson, From this union was borne Sarah Novella "Sallie" Davidson on 24 Novemeber 1878 in Chesterfield County, South Carolina. Sarah Novella "Sallie" Davidson married William Franklin Sellers of Chesterfield County, SC about 1898.  

The known children of Rilah Sellers and Edna W. Byrd are:

i. William E. Sellers was born about 1859 in Henry County, Alabama, United States.

ii. Mollie Sellers, born abt 1861; married William W. Davidson.

iii. Benjamin Riley Sellers, born 26 Jun 1866; married Massie Emaline Moore, 1888; died 13 Mar 1936, Ruby, Chesterfield, South Carolina, United States.

iv. Sarah "Sallie" Sellers, married Franklin Davidson; died bef 23 Mar 1878.


Sallie Sellers Estate file can be found here:  

https://www.familysearch.org/ark:/61903/3:1:3Q9M-C914-G9LY-8

(Page 232)  Estate of Sallie Sellers Decd 

1st Order on final Settlement

The State of Alabama} In Probate Court, July 20th 1885.  Henry County} Present Ston Law Dan Gordon Judge.

In the matter of the Estate of Sallie Sellers, deceased, And now on this day comes W. O. Long admr of the estate of Sallie Sellers, deceased, and presents to the Court, under oath, his account and vouchers for the final settlement of his administration, and therewith also presents, under oath a statement of the names, ages, residence and condition of the heirs and distributees of said estate, in form as required by law. It is thereupon ordered that said account, vouchers, evidence and statement be placed on file for inspection of all concerned, and that the 10th day of August be set for examining and auditing said account, and that notice of the filing of said account and vouchers, and the day set for hearing the same, be given by publication, for three successive weeks in the Abbeville Times, a newspaper published in said County, notifying all persons interested to appear before this Court, on the 16 day of August 1885, to show cause, if any, why said account should not be allowed; and it appearing that Ben Sellers, a brother of deceased, interested in said settlement is a minor, it is further ordered that P. A. McDaniel, Jr.,  be and he hereby is appointed guardian ad litem to represent and defend the interests of said minors in all matters pertaining to this settlement and that the said P. A. McDaniel, Jr. have notice of his appointment as said Guardian ad litern and of the day above set for hearing.

                                          Dan Gordon 

                                          Judge of Probate 

Publication 

The State of Alabama}

 Henry County}  Notice is hereby given that W. O. Long 

admr of the estate of Sallie Sellers, dec, has this day filed in the Probate Court of said County his account for final settlement and the 10th day of August in the day set to hear and determine the same. Witness my hand this 20th day of July 1885. 

                                                          Dan Gordon 

                                                          Judge of Probate  

Notice to Guardian ad litem


The State of Alabama} To any Sheriff of said State: 

Henry County} Whereas, W. O. Long , Admr of the estate of Sallie Sellers deceased, has this day filed in the Probate Court of said County his account for final settlement and P. A. McDaniel, Jr., having been appointed Guardian ad litem for Ben Sellers minor heir of said deceased, pending the same . You are therefore commanded to notify said Guardian ad litem that the 10th day of August is set is set apart to hear the same, and return make according to law. Witness my hand this 20th day of July 1885. 

Dan Gordon, Probate Judge. 


(Page 233) Acct on Final Settlement

The State of Alabama}  

Henry County} To Hon. Dan Gordon, Judge of Probate of said County. The undersigned W. O. Long, respectfully represent unto your Honor that he was appointed by your Honerable Court on the 5th day of December 1882, administrator of the estate of Sallie Sellers, deceased, who had property in the State of Alabama, but was residing in the State of South Carolina at the time of her death, she being the wife of Franklin Davidson at the time of her death, and C. B. McNair being the admr of her estate in the State of South Carolina, and exemplified Copy of his appointinent being hereby filed for record. That the undersigned received as assets of said estate the sum of ($228.90) Two hundred and twenty eight and 90/100 Dollars on the 19th day of March 1883, from Michael Holmes Guardian of said Sallie Sellers deceased, under the laws of South Carolina one heirs whose names are hereto appended take her estate in equal parts. 

The undersigned files the following Statement as an account of his said administration and prays that the same may be allowed as stated, and that he be allowed to make final settlement and be relieved from said administratorship Do 

To and received of M. Holmes Guardian , Mch 19 , 1885 228 90 

Co . 

By amt Commission allowed 11.44 

" " Attorneys fees 10.00 

" "  Printers  5.00 

" " " Probate Court Costs 10.58 

" " " Record of Foreign admrs App  2.50 

                               Balance 189.37…….. 228.90 


The following is a list of the heirs and distributees their ages and residences, they and they above to wit: 

1st 

Franklin Davidson, husband of deceased, 21 years old of sound mind, and Post Office Chesterfield Court House, South Carolina .

2nd

Mollie Davidson, Sister of deceased, over twenty one years of age of sound mind, P. O. same as above stated and wife of William Davidson.

3rd. 

Rilah Sellers father of deceased is over fifty years of age: of sound mind, wifes name is Fannie Sellers, P. O. Same as above stated.

4th 

Ben Sellers, brother of deceased, minor under age of 20 years.

(Page 234)  of sound mind, P.O. Shasterville, Henry Co. Ala.


The State of Alabama} Before me Dan Jordon, Judge of Henry County} Probate in and for said County personally appeared W. O. Long, administrator of Sallie Sellers deceased, who being duly sworn deposes and says that in his belief the foregoing account is correct. 

                                                              W. O. Long 

Signed and sworn to this 10th day of July 1885.

                                          Dan Gordon 

                                          Probate Judge

Filed July 20th and Set for August 10th 1885.g⌨ Probate.

                                          Dan Gordon

                                          Probate Judge  


The State of South Carolina} 

Chesterfield County}

Know all men by these presents, That we Calvin B. McNair, W. P. Oliver and S. S. Sellers are holden and firmly bound unto Rolin Kite, Esquire, Probate Judge for the County of Chesterfield, in the full and just sum of Four Hundred ($400.00) Dollars, to be paid to the said Rolin Kite or his successors, Probate Judges of this County, or their certain Attorney or assigns. To which payment, well and truly to be made, we bind ourselves, and every of us, our, and every of our heirs, Executors, and Administrators, for whole, and in the whole, jointly and severally, firmly by these presents. 

Sealed with our Seals, and dated the 22nd day of January in the year of our Lord, One thousand eight hundred and eighty two and in the 106th year of American Independence. The condition of this obligation is such, that if the above bound Calvin B. McNair, administrator of the goods, chattels, and credits of Sarah Davidson deceased, do make true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, which have or shall come to the hands, or possession or knowledge of the said Calvin B. McNair or into the hands or possession of any other person or persons, for him and the same so made, do exhibit into the said Court of Probate for Chesterfield County, when he shall be thereunto required, and such goods, chattels, actings and credits do well and truly administer, according to law  and make a just and true account of his actings and doings therein, when required by the said Court, and all of the rest of the said good, chattels, and credits which shall be found remaining upon the account of the said administration, the same being first allowed by the said Court, shall deliver and pay unto such persons, respectively, as are entitled to the same by law; and if it shall hereafter appear that any last Will and Testament was made by the said deceased, and the same (pg 235) be proved in Court and the Executors obtain, a certificate of the Probate thereof, and the said Calvin B. McNair do in such Case, if required, render and deliver up the said Letters of Administration, then this obligation to be void, or else to remain in full force.

Signed, Sealed and delivered in the      C. B. McNair {seal} 

presence of        W. P Oliver {seal}

Thomas F. Mulley                                  S. S. Sellers {seal} 


The State of South Carolina} Chesterfield County} 



I certify that the above is a true and correct copy of the Bond of C. B. McNair in said estate. 

 D. M. Barentine 

Judge of Probate . 


Letters of  Administration


The State of South Carolina}  By Rolin Kite , Judge of Chesterfield County} Probate 

To Calvin B. McNair, 

Whereas, Sarah Davidson, late of the county aforesaid, deceased, lately died intestate having whilst she lived and at the time of her death, divers goods, rights and credits, within the State aforesaid, by means whereof of the full disposition and power of granting the administration of all and singular the goods, rights, and credits of the said due ased, and also auditing the accounts, Calculations and reckonings of the said administration; and a final dismisson of the same to me is manifestly known to belong. I, desiring that the goods, rights and credits of the said deceased may be well and truly administered, converted, and disposed of I do hereby grant unto the said Calvin B. McNair in whose fidelity in this behalf I very much confide, full power, by the Seal of these presents, to administer the goods, rights and credits of the said deceased, to which to him in his lifetime, and at the time of her death, did belong and to ask, levy, recover and receive the same, and may the debts in which the deceased stood obligated  so far as her goods, rights and credits will extend, according to their rate and order of law, being first sworn on the Holy Evangelists of Almighty God, to make a true and perfect inventory thereof, and to exhibit the same in the Judge of Probates Office in Chesterfield in order to be recorded on or before the 30th day of Feb now next ensuring, and to render a just and true account, calculation and reckoning of the said administration, when thereunto required, And I do ordain depute and constitute you the said Calvin B. McNair, Administrator of all and singular the goods, rights, and credits of the said deceased.


(page 236)

In testimony whereof, I have hereunto set my hand and seal, the 22d day of Jany in the year of our Lord One Thousand eight hundred and eighty two, and in the One hundreth and Sixth year of American Independence .

                                                   Rolin Kite 

State of South Carolina} 

County of Chesterfield} This I certify to be, a true copy, of the Letters of administration on the estate of Sarah Davidson granted to him by me on the 2nd day of Jan, Eighteen hundred and eighty two. 

Rolin Kite 

Judge of Probate 

 

Estate of 

Sallie Sellers , dec’d} Probate Court, Henry County, Augt 10, 1885. Regular Term , 

This being the day set to hear and determine the account and vouchers for the final settlement of the administration of said estate, came W. O. Long , admr and moved the Court to allow his account as stated and it appearing that notice has been given as required by law, and the Guardian ad litan of the minor Ben Sellers, being present in Court, and no objection being made, and it further appearing that said account is just, true and Correct. It is therefore ordered, adjudged and decreed that said account as stated, be and the same is hereby allowed as the final settlement of said administrator - from which it appears that be has received of the assets of said estate, the sum of $228.90 and expended for the use thereof, the sum of $39.53 leaving in his hands, unexpended the sum of $189.37. And it further appearing that at the time of his death in the State of South Carolina, she was the wife of Franklin Davidson, with whom she resided at the time of her death in said State of South Carolina, under the laws of which State the following parties are entitled to equal distribution of her estate Viz : - Franklin Davidson, her husband. 

Mollie Davidson, her Sister, 

Rilah Sellers, her father and 

Ben Sellers, her brother, who is a minor and resides in this State, all of the others residing in the said State of South Carolina where said estate is being regularly administered under the laws of that State by C. B. McNair, the duly  qualified administrator thereof. It is therefore ordered, adjudged and decreed that said Ben Sellers, by his Guardian ad litem P. A. McDaniel, Jr., do have and recover of the said administrator his distributive share of said estate, to - wit: the sum of $ 47.34, and (page 237) that C. B. McNair the admr of said estate to have and recover of said admr the remainder, to - wit: the sum of $ 142.03 to be by him disbursed and administered under the laws of the State of South Carolina, where said estate is in process of administration, for which let execution issue.

                                                                Dan Gorden,

                                                                Probate Judge. 


Receipt To Admr ┃

$ 141.33 Received of W. O. Long admr of Sallie Davidson in Henry County, Alabama, One Hundred and forty one and 33/100 Dollars, the full amount due from him to said estate, after deducting all costs, attorneys fees &c. This amount does not include the share of Ben Sellers one of the distributees of Sallie Davidson deceased. The said share of Ben Sellers is retained in Alabama where he resides Sept. 30th 1885.                                     C. B. McNair

Mollie Sellers and Willaim Davidson has a large extended family living in Chesterfield County, SC. If you have any information about this estate file I would love to hear from you. The paremts of Riley Sellers borne 1835 are unknown. If you know his parents please contact me. There is an email link on this page. 


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1.https://www.familysearch.org/ark:/61903/3:1:3Q9M-C914-G9LY-8
2. Marriage No. 8.- https://www.familysearch.org/ark:/61903/3:1:3QS7-89HV-3981

Saturday, March 16, 2024

52 Cousins~David Davis, Revolutionary War Veteran, Estate Settlement

David Davis, Jr., borne about 1758, a son of the Rev. David David, Sr. and his wife Jane Miles.  He was borne in Marion, Craven County, South Carolina. An early (1927) family history of the family claims that David ran away from home and went to live with his brother in North Carolina. That brother would be John Davis, Sr. and if our birth dates are somewhat accurate it would mean that David left home in 1770 and traveled to Mecklenburg County, North Carolina as a 12 year old lad.

I don’t know if this story is true or not but I do doubt it. One thing is certain, David Davis has been a difficult challenge to research but I do have a few clues to share. 

First, David married Jane Sloan on 26 February 1788 in Mecklenburg County, North Carolina. In her own words from page 61 of the Rev. War Pension File “She (Jane Davis) was married to the said David Davis, some time in the year of Seventeen hundred and Eighty Eight and that her husband the aforesaid David Davis died on 17 day of Sept. 1832. She declared that her maiden name was Jane Slone—before her marriage to said David Davis & was married in Mecklenburg County, North Carolina before the date 1794.”

David served in the Revolutionary War (W-6962) and his widow, Jane, received a pension after the War. Within the Revolutionary War (W-6962) Pension file there are mention of children twice and also his wife Jane. 

Silas Davis, aged fifty eight years

Three first oldest children [indecipherable word or words or perhaps a figure] he is the ages of David Davis & Jane Davis three first children to wit Elizabeth Stone Davis, Silas Davis and Jane Davis the last mentioned age on said Record being his mother's own age and that the said record has always been kept in the said family and that it is the original and genuine family Record of the ages of the Children of the said David Davis and Jane Davis.  Sworn to and subscribed this eighth day of October 1851.   

In the Pension record, dated 8 October 1851, Jane (Sloan) Davis identified only 5 children as children of the family of David and Jane (Sloan) Davis: 

1. Eliza Sloan Davis was born may 31 1787

2. Silas Davies was born April 6 1792 

3. Jane Davies was Born September 13 1795 

4. Polly Davies Was Born June 16 1797 

5. Jane Sloan was Born March 15 1768  

One of the 5 children was brought into the marriage by the wife and Mother, Jane (Sloan) Davis. 

Another document that we look to was an AGREEMENT amoung the Heirs-at-Law of David Davis.  

Page 114 110

State of North Carolina}

Mecklenburg County} Known all men by these presents that we the undersigned heirs and Legatees of David Davis decd doth agree to and with the administrator of said Estate to make & have made an amicable division of the unwilled part of the property which David Davis died in possession of - Witnesseth that we do each one for himself and herself bind ourselves our heirs Executors Administrators & assigns to release and acquitt John Davis Administrator of the Estate of David Davis decd of any further charge whatsoever, Witness our hands & Seals this 1st day of April 1833. 

Signed, Sealed &                         Elizabeth S. Davis {seal}

delivered in the presence of         Silas Davis {seal}

Auste Beard                                 Wm Barnett {seal}

                                                     Jane Davis Burnett {seal}

William Ferrel                             Hiram Barnett {seal}

                                                     Mary Davis Barnett {seal}

                                                     John H. Davis {seal}

                                                     Thomas G. Barnett {seal}


State of North Carolina} 

Mecklenburg County} August Sessions 1833 

I certify that the execution of the within instrument of writing was

duly proven in open Court by the Subscribing witnefses and

recorder and ordered to be register.

                                                  B. Bates C. C. C.


Registered November 11th 1833                      

Charlotte No. Ca.                         Wm B. Alexander Rege

                                           - - - - By A. M. Ginn A. D. R.


In this agreement dated 1 April 1833 the following Davis children were named:

1. Elizabeth S. Davis

2. Silas Davis

3. Jane Davis Barnett 

4. John H. Davis 

Polly Davis and Jane Sloan were not named in the agreement.  The Mary Davis Barnett (heir) is Unknown.  


Online trees shows this couple with 8-10 children and with a marriage date of 31 May 1787 that quite possible. But, I have found no other documents other than the 1833 agreements, the Davis Book and the 1851 Pension file that names any of the children. The David/Davis book mentored at the beginning shows David with 5 sons, no daughters.  

David Davis, Jr, died 17 September 1832 according to his Revolutionary War Pension file. 

The exact date of Jane (Sloan) Davis death is unknown. We  know from letters within the pension file that she was alive and fighting for a pension due her for her husband’s service in the Revolutionary War in Dece3mber 1852.



David Davis is my 3th Great Grand Uncle. His children are my 1st Cousins 5 Times Removed.




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1. https://www.familysearch.org/ark:/61903/3:1:3QS7-9983-NDX8

2. Ancestry, "Revolutionary War Pension" database, Military Service Records (http://www.fold3.com/ : accessed January 2024), entry for David Davis, Pvt;; America.

3. Harry Alexander Davis, The Davis family (Davies and David) in Wales and America :: genealogy of Morgan David of Pennsylvania (Washington, D.C.: Lancaster Press Inc, 1927; reprint, Lancaster, PA.