Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.
His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.
Today’s subject is the Last WILL of Henry DAVIS, 1858. 1
Henry Davis Will
The State of South Carolina}
Marion District) This the Last Will and testament of me Henry Davis of Marion District in the State aforesaid.
First. It is my will that my executor hereafter named shall pay all my just debts.
Second. I loan to my adopted daughter Maria D. Bostick the following named negroes during her natural life (viz) Phil and Judy, Eliza, Eve, Tom, Ellen, Jeffry, Martha, Daniel, otherwise called Tom, and Silva, with their future increase and at her death I give the said named negroes and their future increase to the children of the said Maria D. Bostick, in case of the death of my aforesaid adopted daughter Maria D. Bostick [die] without leaving lawful children living at the time of her death then the above-named negroes and their increase are to return and become part and parcel of my estate if undivided, But should the division have taken place, them the said negroes and their increase to be equally divided between my children.
Third. The residue of my estate both real and personal, it is my will shall be kept together by my executors as a plantation until my children respectively come of the age of twenty-one years or until my daughters (if I should have any) shall respectively marry. The nett proceeds of my estate so kept together shall be employed by my executors for the support of my wife Mary E. Davis and for the maintenance and education of my children.Should my said wife marry again after my death before any of my children shall come of age as aforesaid or before any of my daughters shall marry Then my Executors shall have (illegible) annually one-third of the nett proceeds of the plantation for her support. It is my will that my wife as long as she remains my widow and such children as I may have while unmarried or under age Shall continue after my death to reside as a family together on my plantation at my present residence, also it is my will that my wife shall be paid one hundred dollars annually by my executors over and above her support out of the proceeds of the plantation as long as she reside thereon-when my children born or to be born shall come of age my executors shall deliver to my wife the following property to be owned held and enjoyed by her for and during her natural life (viz) the slaves Sipis, Becky, Jim, Ned, Lucy, Scotland, Lidia, Harriet, Maria, Arnold, Candis, Bob, Druscilla, Thadis and Charles and their future increase These negroes to remain on the plantation and work as a part of the property directed to be kept together by my executors until the youngest child arrives at the age of twenty one years.- this provision for my wife if she accepts it shall be in lieu and bar? of all her right of dower in my estate.
Fourth. When any one of my children shall arrive at the age of twenty one years or when any of my daughters (if any I may have) shall marry I wish the residue of my personal property after leaving out of view the aforesaid Specific legacies to my wife and adopted daughter to be so divided by my executors, as to give to such child so coming of age or marrying such a share as would make one equal portion with the other of my children that is to say so that the children shall all have equal shares the remainder of the property after taking off a share for the child so coming of age or marrying shall remain on the plantation, and be kept together as aforesaid by my executors until another child shall come of age or marry and then another division shall take place and in the case of the first child who took his or her share and ?? on till all the children come of age or marry and take their share provided my wife should still be my widow at the time of the last division of my personal estate It is my will that she remain on the plantation and have and enjoy the benefits thereof during her widowhood and at her death or marriage all my real estate to be equally divided between my children and at her death the aforesaid negroes and their increase allotted to her to be equally divided between my children the child or children of a deceased child of mine taking the share to which the parent would have been entitled of having.
Fifth. I constitute and appoint my friend James H. Alison? and Andrew J. Bostick executors and my wife Mary E. Davis executrix so long as she remains my widow and no longer to this my Last Will and testament.
In witnefs whereof I have hereunto set my hand and seal this seventh day of July in the year of our Lord One thousand eight hundred and fifty eight.
Signed, Sealed, published and}
Declared for my last will and} Henry Davis {Seal}
Testament in presence of}
David Gibson,
Jefse L. Gibson,Albert Gibson
South Carolina}
Marion District} By Asa Godbold, Esq. Ordinary Marion District
Personally came before me David Gibson and made oath that he was present and saw the within instrument of writing signed, sealed, published, pronounced, and declared by the within named Henry Davis as his last Will and testament and that the said testator was then of sound disposing mind and memory to the best of this deponents knowledge and belief and that Jefse L. Gibson and Albert Gibson were subscribing Witnefs with himself thereunto in the presence of each other and of the testator and at his request.
Sworn to before me}
1st June A.D. 1863} David Gibson
Asa Godbold}
Ordinary, M. D.}
I do solemnly swear that this writing contains the true last Will of the within named Henry Davis deceased so far as I know or believe and that I will well and truly execute the same by paying first the debts and then the legacies contained in the said Will as far as his goods and chattles will thereunto extend and the law charge me and that I will make a true and perfect inventory of all such goods and chattles.
Sworn to before me} So help me God
16th day of June A.D. 1863) Mary E. Davis
Asa Godbold}
Ordinary}
M.D}
Henry Davis, Sr. was twice married. His first wife, Mary Ann Heustess was killed 14 January 1849 in the explosion of the Steamer Richland on the Pee Dee River. On 17 October 1850, Henry Davis, Sr. married Mary E. Bostick.
Henry Davis and Mary Elizabeth Bostick had the following children:
i. Henry Davis Jr. was born on 1 Oct 1851 in Marion District, South Carolina. Birth: Bible page from War of 1812 Service Record.
https://www.fold3.com/image/247/307398634
ii. David Bemzon Davis, born 5 Jun 1853, Marion District, South Carolina; married Mary J. Harrel; died 19 Sep 1899, Marion District, South Carolina.
iii. John Calhoun Davis was born on 3 Apr 1855 in Marion District, South Carolina. Birth: Bible page from War of 1812 Service Record. https://www.fold3.com/image/247/307398634
iv. Preston Brooks Davis, born 15 Feb 1857, Marion District, South Carolina; married Florence Achsah Hamiter, 22 Dec 1881, Richland County, South Carolina.
v. Benjamin F. Wardland Davis was born on 11 Jan 1859 in Marion District, South Carolina. Birth: Bible page from War of 1812 Service Record. https://www.fold3.com/image/247/307398634
vi. Keziah Elizabeth Davis was born on 1 Feb 1861 in Marion District, South Carolina. She died on 10 Mar 1863 at the age of 2 in Marion District, South Carolina. Death: Bible page from War of 1812 Service Record. https://www.fold3.com/image/247/307398636
vii. Joseph Francis Davis was born on 13 Apr 1863 in Marion District, South Carolina. He died about 1910 at the age of 47 in North Carolina. Birth: Bible page from War of 1812 Service Record.
https://www.fold3.com/image/247/307398634 (image 170) Never married, Physician.
Henry Davis also had a daughter with his first wife who passed away in 1832 at age 3. Henry died 2 April 1863 just 11 days before his last born son, Joseph Francis Davis arrived on 13 April 1863.
Henry Davis is my 2nd Cousin 5 times removed.
_______________________
[1] Marion District, South Carolina, Will Books: "4", pages 53, 54 and 55 Henry DAVIS Sr.; Ancestry.com, Marion, Marion County, South Carolina.
2. Ancestry, "WAR of 1812 Service & Pension Records" database, Military Service Records (http://www.fold3.com/ : accessed 3 July 2019), entry for Henry DAVIS, Corp.; Capt J. Johnson's SC Militia; Enlisted 30 Oct 1814; Discharged 5 Dec. 1814.
3. 1860 U. S. Census, Marion County, South Carolina, population schedule, Marion, Marion, South Carolina, Page: 122(stamped); Line 1, Dwelling 1893, Family 1963, Household of Henry DAVIS; digital images, Ancestry.com (http://www.ancestry.com : viewed 3 July 2019); citing National Archives Microfilm M653_1223.
4. 1860 U. S. Census, Marion County, South Carolina, Population Schedule, Marion, Marion, South Carolina, Page: 122(stamped); Line 1, Dwelling 1893, Family 1963, Household of Henry DAVIS.
5. 1870 U. S. Census, Marion County, South Carolina, population schedule, Pee Dee, Marion, South Carolina, Page: 238B(stamped); Line 31, Dwelling 14, Family 15, Household of Mary E. DAVIS; digital images, Ancestry.com (http://www.ancestry.com : viewed 3 July 2019); citing National Archives Microfilm M593_1503.
6. 1880 U. S. Census, Marion County, South Carolina, population schedule, Pee Dee, Marion, South Carolina, Page: 291B(stamped): Line 41, Dwelling 293, Family 367, Household of Mary E. DAVIS; digital images, Ancestry.com (http://www.ancestry.com : viewed` 3 July 2019); citing National Archives Microfilm T9__1234.
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