Did Joseph B. Davis Marry Aley Whaley or Was She his Mistress

Lt. Joseph B. Davis, born abt 1755 was the son of Benjamin Davis, Sr. and Rachel Port. Joseph served in the Revolutionary War and shortly after the war married Anne Keene about 1783.

During the next twenty-five years Joseph and Anne would grow their family to 11 children; 6 daughters and 5 sons.  Anne Keen e Davis is believed to have died about 1811 shortly after the birth of her last child, a daughter named Sarah Brownfield Davis, born in 1808/1809.

Some say that Joseph B. Davis then married Aley Whaley but no marriage notice, licensee, or document of any sort has been found that would legitimize the marriage between Lt. Joseph B. Davis and Aley Whaley.

The death of Anne Keene Davis left her husband Joseph, a prospers Planter in the Marion District in a very precarious predicament. In 1811, six of the eleven children were still under the age of 21 ranging in age from 2 to 19 years of age. He definitely needs someone to care for his younger children.

Aley Whaley may have served in that position but available records clearly show that Joseph B. Davis though he may have produced two children with Aley Whaley they were never married. 

Joseph wrote and dated his Will, 12 February 1828. Before his death, Joseph did add an ITEM to his Will naming the two daughters, Mary and Elizabeth, of Aley Whaley.

Item. I give devise and bequeath unto Mary & Elizabeth the daughters of Aley Whaley One negro girl each, to be purchased by my Sons herein before mentioned the property of my Sons herein before mentioned to be fubject to the purchase and payment of the faid Legacies - the faid negroes to be of or near the age of the faid Mary & Elizabeth Severally viz the one to Mary to be of or about her age and the one to Elizabeth to be of or about her age, to them and their heirs & afsigns forever, Severally—.

Also, before his death, Joseph left Deeds of Gift to his five daughters by his wife Anne Keene. Those five daughters were Mary Christiana Thomas, Ann Marie Fladgar, Eliza Bagby Johnson, Rachel Port Newsom, and Susan Brownfield Davis.

Reading his WILL it clear that he left a legacy to these two girls but at no time did he refer to the two girls as his daughters. The WILL says “I give devise and bequeath unto Mary & Elizabeth the daughters of Aley Whaley”

Probate Folder #218A and his Revolutionary War Files remind us that Joseph died 13 November 1838 leaving NO WIDOW.

Transcription:

The State of South Carolina}  On the twenty-ninth
                   Marion District}  day of September A. D.
Eighteen hundred and fifty-one, Daniel H. Davis personally appeared before me and after being duly Sworn, deposeth and Saith, that his Father Joseph Davis, late of this District, died on the 13th day of November 1838, leaving no widow Surviving him, but leaving the following children to wit, this deponent [Daniel H. Davis], Maria Fladgar, William Davis, Joseph Davis, Mary Thomas & Susan B. Lyles~That his said Father resided in this District, at the time of his death, that himself this deponent, and Maria Fladgar are now residents of said District; Mary Thomas, resided on Marlborough District, and William Davis, Joseph Davis & S. B. Lyles out of the State.
                                                                               s/ Daniel H. Davis
Sworn and Subscribed before me}
the day above written}
Edward B. Wheeler}
Ordinary}

A document from Probate Folder #218 relates to a suit brought by John C. William on behalf of his wife Mary Whaley, daughter of Aley Whaley, against the estate of Lt. Joseph B. Davis.

In that document dated 19 Feb. 1838 two distinct comments bears on this Case

1. Mary Whaley daughter of Aley Whaley is now the lawfull wife of Said Williams. Evidence of that fact will be obtained before the day of trial.  She is said to be the Bastard daughter of said  Joseph Davis, but never sworn to him.

2. Aley Whaley is still living in this District, but could soon be in North Carolina if necefsary ~

These two statements clearly show that Joseph and Aley were never married and that she was still alive and well on 19 Feb. 1838.

Transcription: 

The State of South Carolina} to [whom it] 

Marion District} may concern, Know 

Williams of Brunswick County and

have nominated, made ordained

these presents, do nominate

John H. Whaley  of the 

my certain and lawful

on Said Whaley all the

and pofsefs to Sue and preset any suit or suits

which he may think proper in any of the Courts of

the first mentioned State for the recovery of part or 

all of the property or money which illegible is or may

be due my wife Mary Williams from the executors

or the estate of Joseph Davis deceased late of the 

first mentioned state and district, and to be secure

either with or without Suit at his own discretion

all property or money bequeathed my wife Mary

William by the last Will and Testament of the said

Joseph Davis, And I do hereby authorize and

empower Said Whaley to enter into any bond, agreement,

or deed and sign any receipt which he may think

necessary for the final adjustment and settlement of the 

above mentioned businefs, and all such bond,  

agreement and or receipt so entered into or signed shall be 

forever afterward deemed and held valid as my own 

voluntary and personal act. Given under my hand 

and Seal this twelfth day of Feb., A. D. one thousand eight

hundred and thirty eight, and in the Sixty Second year

of the Sovereignty and Independence  of the United

States of America. Signed, sealed and delivered in 

presences of Witnefs

Test

William Evans

Levi Legett (Signed)                      John C. Williams {Seal}

I do certify the above to be a true Copy
of the Original Feb. 19th 1838.
             Levi Legett

*************************************************************

Transcription:

                                      Ctn House, S.C. Feb.19, 1838

                         enclosed you will find
                         Will. and on the
                         of a power of
Attorney you                                              to John H. Whaley,
Mary Whaley daughter of Aley Whaley is now
the lawfull wife of Said Williams. Evidence of
that fact will be obtain before the day of trial
She is said to be the Bastard daughter of said
Joseph Davis, but b]never sworn to him. Aley Whaley
is still living in this District, but could soon be
in North Carolina if necefsary ~ These children
named in the Will i. e., Mary & Elizabeth don't
claim under said Will one tenth of the old man's
property if advances to his lawful children be
included ~ So no danger of the Act of 1794.--
John H. Whaley is Solvent as well as honest,
And further, when we see you we will
give you our joint note for your resonable
fees - We want an action brought forth with
for Mary Whaley now Mary Williams-- i. e. for
the Legacy Bequeathed her in the aforesaid
Will - We confidenly hope you will not fail to
Sue to the illegible Court-- as we are anxious
to collect as quick as pofsible - William has
received $125. by the hand Capt. H. G. Fladger
and given a receipt "in part payment of two
negroes". I doubt whether illegible is legal, but
  we want nothing illegible. I remiber <sic> nothing else 
which would be likely to have a bearing on
the case. Please address your letters to me
at this place -- I shall expect to hear from
you on the first Monday in next month. Please
stop every Whole Do that these executors gentry
may nor escape the hand of Justice. Your Sincerely
Mefsrs M. C. Quin}        Levi Legett
and Graham }

There is no evidence available that shows that Joseph B. Davis married Aley Whaley. A plethora of evidence exits showing that he died leaving no Widow; that Aley Whaley was at all times referred to as Aley Whaley and at no time as Aley Davis. That the father of her children was a never proven; but, said to be children of Joseph Davis. 

There’s are inconsistencies within these legal documents and I haven’t sorted them all out yet but will continue to collect data to resolve them. One is when did Joseph B. Davis die? Two records show him dying in November 1838 yet documents within this post suggests he died before that date.

Lt. Joseph B. Davis, my 1st Cousin 5 times removed.

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[1] Marion County, SC Probate Roll 218, Joseph Davis
Courtesy of the Marion Archives, Marion, SC

[2] Marion County, SC Probate Roll 218A, Joseph Davis
Courtesy of the Marion Archives, Marion, SC

[3] https://www.fold3.com/image/246/13765834 and https://revwarapps.org/s10534.pdf

[4] Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com : accessed 19 August 2020); Memorial page for Lieut Joseph Davis; (1760–13 November 1838); Find a Grave memorial # 88467902, Citing Benjamin Davis Cemetery; Davis Landing, Marion County, South Carolina, USA.

[5] https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PT-29ZC-1?cat=391278

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