The Death of William Henry Davis

 William Henry Davis, son of William Davis and Mary Davis was born 20 March 1806 in Marion County, South Carolina.  He was the fourth of six children borne to William and Mary. He had 2 brothers and 3 sisters.

As stated in the obituary herein, his parents migrated  from Marion County, SC to Baldwin County, Alabama in 1825. William Henry then moved to Choctaw County, Alabama in 1835.

He married Mellissa C. Finch on 22 November 1832 in Clarke County, Alabama.

* Newspaper clipping Southern Christian Advocate, Charleston , S.C., 7 June , 1860.

Wm. H. Davis, Sr., died at his residence in Clarke Co., Ala., of pneumonia after an illness of four days, in his 54th year. He was born in Marion Dist., S. C., March 20, 1806; removed with his parents to Baldwin Co., Ala., in '25: professed religion and joined the M. E. Church at a camp-meeting near French's Chapel, below Suggsville, in '31; married in '32; removed to Choctaw County in '35, and to the place where he died on Bashi, about '40. As a Christian, he was spiritual, consistent man. He had been soundly converted to God, and his life was such as to adorn the gospel. He was slow to form, and prudent in the expression of, his opinions; but when he took his position, he was firm and immovable. What he conscientiously believed to be his duty, he did, regardless of consequences. One of the most prominent features in his character was his devotion to his family and friends, being always ready to help the sick and needy.  And many a way-worn minister remembers with pleasant emotions the hospitalities of his house. He was perhaps too anxious for his children to rise to honor and distinction, preferring their being useful men and women to their being mere drones upon society. But he never forgot to teach them, both by precept and example, to be humble and holy. He was one of the kindest of Husbands; and as a master, he was not only kind but particularly careful to provide for the religious welfare of his servants. He was taken sick on Saturday, after his son, Nimrod, died on Friday. I visited him on Monday and heard him say there was not a shadow of a doubt of his future felicity. I saw  him again Wednesday, but he could not speak, for he was dying. Having for over a century justly enjoyed a wide-spread reputation for whatsoever things were pure, and lovely, and of good report, about 7 o’clock on Wednesday evening, April 4th, his spirit departed from his body, and was carried by angels into Abraham’s bosom. May my last end be like his. C.  

William Henry Davis died 4 April 1860 of Typhoid pneumonia after visiting his son Nimrod who also died from Typhoid pneumonia. William Henry was age 54; his son Nimrod, age 19.

Surviving are his wife, Melissa, and six children. One daughter, Mary Melissa, died at 19 months of age.  

William Henry Davis and his son, Nimrod Davis are distant cousins. 

____________________________________________

[1] Obit: https://www.ancestry.com/imageviewer/collections/61266/images/41904_539980-00037?treeid=&personid=&hintid=&usePUB=true&usePUBJs=true&_ga=2.268276042.535245496.1645735962-94624829.1638752977&_gac=1.114782453.1644693586.Cj0KCQiA0p2QBhDvARIsAACSOOOVNXuCydCw1gywwG7KHDFDupNccsIqB0LIKyqCOhVEG7_Hs80Ru0kaAlEbEALw_wcB&pId=41925

[2] Alan Baker  originally shared this obituary on 24 Dec 2018

It’s Family Time~The Abraham Dry Family

 Abraham Dry was borne 19 Oct 1802 , a son of Phillip Wiley Dry and Catherine Köppel of Cabarrus County. He was the 5th of seven children born to this union.

He married Mary Catherine “Polly” Harkey, daughter of Jacob Harkey on 9 December 1830 according to 1 April 1830 edition of “The North Carolina Star”.

MARRIED: Also on the 9th [Feb. 1830], Mr. Abraham Dry  to Miss Polly Harkey, daughter of Jacob Harkey, Esq. 
[The North Carolina Star, 1 April 1830, page 3, Col. 5.]

However the North Carolina Marriage Index, 1741-1868 on Ancestry show the marriage taking place on 28 February 1830.

Born to this couple were 7 seven children before their Mother was unexpectedly taken away at the age of 34 on 17 April 1846.

Abraham Dry and Mary Catherine Harkey had the following children:

i. Mary Ann Dry was born on 6 Jul 1831 in Cabarrus County, North Carolina.

ii. Margaret Purlina Dry, born 6 Jul 1833, Cabarrus County, North Carolina; married Caleb Franklin Allman, 27 Jul 1873; died 12 Feb 1892, Cabarrus County, North Carolina.

iii. Rebecca Moriah Dry, born 27 Aug 1834, Cabarrus County, North Carolina; married Daniel Noah Corl, 8 Feb 1867, Cabarrus County, North Carolina; died 12 Oct 1906, Cabarrus County, North Carolina..

iv. Elizabeth Matilda Dry, born 12 Feb 1838, Cabarrus County, North Carolina; married Michael Caleb Rinehardt, 9 Aug 1866; died 23 Nov 1914, Cabarrus County, North Carolina.

v. Jacob M. Dry, born 16 May 1840, Cabarrus County, North Carolina; married Martha E. Rendleman, 25 May 1864; died 9 Feb 1910, Makanda, Jackson, Illinois.

vi. Eleanor Adeline "Nellie" Dry, born 20 Nov 1842, Cabarrus County, North Carolina; married Alfred Monroe Coleman, 2 Jun 1866, Cabarrus County, North Carolina; died 10 Apr 1926, Anna, Union, Illinois.

vii. Polly Mellisa Dry was born about 1845 in Cabarrus County, North Carolina.

Here we find the Father and his 7 children in the 1850 Census for Cabarrus County, North Carolina. They are also with him in the 1860 census for Cabarrus County.

His six daughters remained in the home, with their father, until his death. Abraham Dry never remarried and at the age of 60, he passed away on 3 April 1865.

Both Abraham and his wife, Polly Harkey,  are buried in the Henkelite Cemetery; Mount Pleasant, Cabarrus County, North Carolina.

Abraham Dry is my 1st Cousin 5X Removed.

_____________________________

1. Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com : accessed 3 April 2020); Memorial page for Abraham Dry; (19 October 1804–3 April 1865); Find a Grave memorial # 29718932, Citing Henkelite Cemetery; Mount Pleasant, Cabarrus County, North Carolina.

2. 1850 U. S. Census, Cabarrus County, North Carolina, population schedule, Cabarrus, North Carolina, Page: 483A; Line 32, Dwelling 1245, Family 1245, Household of Abraham DRY; online database, Ancestry.com (http://www.ancestry.com : viewed 3 March 2020); citing National Archives Microfilm Publication M432, Roll 622.

3. 1860 U. S. Census, Cabarrus County, North Carolina, population schedule, Subdivision East of NC Rr, Cabarrus, North Carolina, Page: 110/55 (Stamped); Line 29, Dwelling 372, Family 372, Household of Adam [Abraham] DRY; online database, Ancestry.com (http://www.ancestry.com : viewed 3 April 2020); citing National Archives Microfilm Publication M653, Roll 890.

4. "North Carolina Marriage Index, 1741-1868," database, Ancestry (http://www.ancestry.com : viewed 3 April 2020), Marriage: Abraham Dry & Polly Harkey; North Carolina Division of Archives and History, 1977; 27 Feb 1830.

5. "Marriage: Mr. Abraham Dry to Miss Polly Harkey, daughter of Jacob Harkey, Esq.," The North Carolina Star, Raleigh, North Carolina, 1 April 1830, page 3, Col. 5. MARRIED: 9th [Feb. 1830].

6. Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com : accessed 3 April 2020); Memorial page for Mary Catherine “Polly” Harkey Dry; (26 Oct 1811- 17 Apr 1846 (aged 34)); Find a Grave memorial # 17905899, Citing Henkelite Cemetery; Mount Pleasant, Cabarrus County, North Carolina, USA.

Lawrence Dry, son of John Wiley and Catherine (Koppel) Dry

 Until this week, the family of Phillip Wiley Dry and Catherine Köppel was showing only six children borne of this couple while the 1820 census clearly showed the couple with 8 children.

1820 CENSUS: Cabarrus, North Carolina; NARA Roll: M33_80; Image: 158, Page: 155; Line 13; Household of Phillip DRY, male, age 45 plus;

Free White Persons - Males - Under 10: 1 [b. 1810-1820]

Free White Persons - Males - 10 thru 15: 1 [b. 1805-1810]

Free White Persons - Males - 16 thru 18: 1 b. 1802-1804

Free White Persons - Males - 16 thru 25: 2 [b. 1795-1804]

Free White Persons - Males - 45 and over: 1[b.1759]

Free White Persons - Females - Under 10: 1 [b.1810-1820]

Free White Persons - Females - 16 thru 25: 2 [b. 1795-1804

Free White Persons - Females - 45 and over : 1 [b. 1771-1775]

The family in my database with only 6 children's; two sons are missing based on the 1820 Census report.

Yesterday, while doing research I had a “serendipity” moment when I found a marriage document stating that Lawrence Dry was a son of Phillip Dry and Catherine Dry.  There is only one couple in my database for which he could have been the son of and he fits perfectly based on the 1830 Census. 

I am still missing one son that fits the following parameters.

Free White Persons - Males - 16 thru 18: 1 b. 1802-1804

Free White Persons - Males - 16 thru 25: 2 [b. 1795-1804]

Lawrence Dry was born about 1813 in Cabarrus County, North Carolina. At age 30, he married Rachel C. Brians on 20 March 1843.

This was the first of 3 marriage for Lawrence Dry. He next married Ann (Goodnight) Brians, widow of David Brians. This marriage took place in Cabarrus County, NC on 19 December 1849. His last marriage took place on 11 March 1873 in Stanly County, NC.  At that time he married  Elizabeth “Bettie” Lefler Wasner, the widow of Wilson D. Wasner who was killed in the Civil War.

This is the marriage licensee's that provided the names of Lawrence parents and his wife to be parents names also.

During these 3 Marriage, Lawrence named 3 daughters. In the 1850 census he names daughter Sarah J. C. Dry, age 5. Based on census she had to be the daughter of Rachel C. Brians. Many on line trees have her surname recorded as Brians. Yet twice, Lawrence named her as his daughter, Sarah J. C. Dry. In the 1860 census she is listed as Sarah J. C. Dry, age 16 along with another daughter Mary C. Dry. Mary C. Dry’s mother is most definitely Ann Goodnight Brians Dry. And finally with Elizabeth “Bettie” Lefler Wasner Dry he names daughter, Lucy, age 5 in the 1880 Census.  

Thus his children are:

Sarah J. C. Dry, b. 1846

Mary C. Dry, b. 1851

Lucy Dry, b. 1775

It is not known, yet, when the first two wives' passed away; nor, the death date of Lawrence Dry.

Now that we have identified Lawrence Dry as a son of Phillip and Catherine Dry lets return to the 1820 Census and add names to the age groups to fully identified the family composition. 

1820 CENSUS: Cabarrus, North Carolina; NARA Roll: M33_80; Image: 158, Page: 155; Line 13; Household of Phillip DRY;

Free White Persons - Males - Under 10: 1 [b. 1810-1820] [Lawrence]

Free White Persons - Males - 10 thru 15: 1 [b. 1805-1810] [Abraham]

Free White Persons - Males - 16 thru 18: 1 b. 1802-1804

Free White Persons - Males - 16 thru 25: 2 [b. 1795-1804] [Joseph , Solomon]

Free White Persons - Males - 45 and over: 1[b.1759] [Phillip Dry]

Free White Persons - Females - Under 10: 1 [b.1810-1820] [Barbara]

Free White Persons - Females - 16 thru 25: 2 [b. 1795-1804 [Mary & Sarah “Sallie”]

Free White Persons - Females - 45 and over : 1[b. 1771-1775] [Catherine Koppel]

We have one MALE CHILD that has not been identified. I would still like to identify the last son of Phillip Wiley Dry and Catherine Köppel. Looking at trees on-line is like reading science fiction. It looks good and reads good but not a word of it is true.

How can anyone take the 1820 & 1830 Census where Phillip and Catherine had 8 children maximum (1820) and only the 3 youngest at home in 1830; then having both parent deceased by 1837, put together a tree with 10, 12, and 18 children just citing 3 of the many trees on-line.

Phillip Wiley Dry and Catherine Köppel are my 4th Great Grand Uncle & Aunt. Lawrence Dry is my 1st Cousin 5X Removed.

____________________

1. 1850 U. S. Census, Cabarrus County, North Carolina, population schedule, Cabarrus, North Carolina, Page: 451A(Stamped); Line 18, Dwelling 763, Family 763, Household of Lawrence DRY; online database, Ancestry.com (http://www.ancestry.com : viewed 21 March 2022); citing National Archives Microfilm Publication M432, Roll 622.

2. 1860 U. S. Census, Cabarrus County, North Carolina, population schedule, Subdivision East of NC Rr, Cabarrus, North Carolina, Page 12/36(Stamped), Line 34, Dwelling 91, Family 91, Household of Lawrence DRY; online database, Ancestry.com (http://www.ancestry.com : viewed 21 March 2022); citing National Archives Microfilm Publication M653, Roll 890.

3. 1870 U S Census, Stanly County, North Carolina, population schedule, Albemarle, Stanly, North Carolina, Page: 3B(Stamped); Line 30, Dwelling 58, Family 58, Household of Lawrence DRY; digital image, Ancestry.com (http://www.ancestry.com : viewed 21 March 2022); citing National Archive Microfilm M593, Roll 1160.

4. 1880 U. S. Census, Stanly County, North Carolina, population schedule, Albemarle, Stanly, North Carolina, enumeration district (ED) 203, , Page 273(Stamped); Line 33, Dwelling 236, Family 236, Household of Lawrence DRY; digital image, Ancestry.com (http://www.ancestry.com : viewed 23 March 2021); citing National Archives Microfilm T9, Roll 0982.

5. "North Carolina, Marriages Index, 1741-1868," database, Ancestry>, Marriage: Lawrence Dry & Ann Brians.

6. "Index to North Carolina Marriage Bonds, 1741-2011," database, Ancestry (http://www.ancestry.com : viewed 21 March 2022), Marriage: Lawrence Dry & Elizabeth (Wasner) Lefler; North Carolina Division of Archives and History, 1977; Marriage Date: 11 Mar 1873.

Lest We Forget~Lt. Frank David Davis

 Lest We Forget~Lt. Frank David Davis

At the time of his death on March 6, Lieut. Davis was piloting a dive bomber (A-26) and was returning to his base after an all day mission. Between Rome and Naples he was apparently blinded by a fog and rain and upon attempting to bail out of plane he was too near the earth, his parachute failed to open, thereby causing him to crash on a mountain side, where he was later found dead by his wing man.  [Our Southern Home, Livingston, Alabama; 30 Mar 1944, Thu. Page 1, column 8]            

I'm not exactly sure where Lt. Frank D. Davis is buried but there are two FindAGrave memorials created for him. On is in the Sicily-Rome American Cemetery and Memorial.

https://www.findagrave.com/memorial/56308010/frank-d-davis

There is no tombstone on this Memorial just a "Tablet of the Missing" with Lt. Frank D. Davis name, unit and date of missing in action.  

PLOT	Tablets of the Missing

The other memorial is in his home State of Alabama.

https://www.findagrave.com/memorial/112708667/frank-d-davis     

There is a tombstone's located on this gravesite.

IN MEMORY OF OUR BROTHER

1ST. LT. FRANK D. DAVIS

BORN

MAR. 16 1921

KILLED IN ITALY MAR. 6, 1944

1st Lt. Frank David Davis is my 3rd Cousin 2X Removed. 

__________________

[1] https://www.findagrave.com/memorial/56308010/frank-d-davis

[2] https://www.findagrave.com/memorial/112708667/frank-d-davis     

[3] "Lieut. F. David Davis Killed March 6 In Italy," War News, Our Southern Home, Livingston, Alabama, 30 March 1944, Page 1, column 8; Digital On-Line Archives, Newspapers.com (https://www.newspapers.com/ : viewed & transcribed 17 March 2022); Newspapers.com.

Beware of Misleading, Inaccurate Records

 These two records, for the same Couple,  gives two distinct date for the marriage of Jeff C. Burton and Amanda C. Davis.  The question then becomes which date is the correct marriage date for this couple. To determine that we need to look at the original record.

In the first collection “Hunting For Bears” was the original source. Hunting for Bears, a genealogical publication organization was big business when I first started research in the mid-1970’s. They flourished from 1951 to 2013 with over a  thousand publications. I would imagine it will be almost impossible to find the book these marriages were extracted from and entered into this database. Even if you did find the Hunting for Bears publication you would still be short of the original source.

Alabama, Marriage Collection, 1800-1969 about Jeff C Burton
Name: Jeff C Burton
Spouse: Amanda C Davis
Marriage Date: 20 Nov 1869
County: Sumter
State: Alabama
Performed By Title: Minister
Performed by Name: O P Thomas
Source information: Jordan Dodd, Liahona Research
Source Information:
Ancestry.com. Alabama, Marriage Collection, 1800-1969 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2006.Original data:
Alabama Center for Health Statistics. Alabama Marriage Index, 1936-1969.Alabama Center for Health Statistics, Montgomery, Alabama.
Dodd, Jordan R., et. al. Early American Marriages: Alabama to 1825. Bountiful, UT: Precision Indexing Publishers, 19xx.
Hunting For Bears, comp. Alabama marriage information taken from county courthouse records. Many of these records were extracted from copies of the original records in microfilm, microfiche, or book format, located at the Family History Library.
Dodd, Jordan R., comp. Early American Marriages: Alabama, 1800 to 1920.
https://www.ancestry.com/discoveryui-content/view/1143447:4192

Jeff C. Burton in the Alabama, U.S., Select Marriage Indexes, 1816-1942
Name: Jeff C. Burton
Gender: Male
Marriage Date: 07 Dec 1869
Marriage Place: , Sumter, Alabama
Spouse: Amanda C. Davis
FHL Film Number: 1293885 V. 2-4
https://www.ancestry.com/discoveryui-content/view/2224506:60000

This second reference will be much easier to find the original source as stated on the Index. The original data source of this Index is the LDS Family History Library Film #1293885, Volumes 2 thru 4. We all know that this film most likely contains the original marriage licensee filmed on-site by representatives of the The Church of Jesus Christ of Latter-day Saints. You can find this Film, at their Website, using their on-line catalog.

https://www.familysearch.org/search/catalog

This particular marriage license can be found in Sumter County Alabama Marriages, Volume 3, page 305 at this URL

https://www.familysearch.org/ark:/61903/3:1:3QS7-89V2-SZJ8?i=318&cc=1743384&cat=197215

We can see at the bottom of this marriage licensee that Jeff C. Burton and Amanda C. Davis were married on 7 Dec 1869 NOT 20 Nov 1869.

Marriage Licensee

I urge you to always seek the original source in your genealogical research journey. 

Amanda C. Davis is my 1st Cousin 4X Removed

____________________________

[1] https://www.ancestry.com/discoveryui-content/view/1143447:4192

[2] https://www.ancestry.com/discoveryui-content/view/2224506:60000

[3] https://www.familysearch.org/search/catalog

[4] https://www.familysearch.org/ark:/61903/3:1:3QS7-89V2-SZJ8?i=318&cc=1743384&cat=197215

Wordless Wednesday~Civil War Era Kitchen

 Fireplace in a Civil War Era Kitchen

Eastern NC  - In 1996, Maintained as it existed in 1860's
 

It’s Family Time~John Davis, Sr. and his Wife Mary Henderson

John Davis, son of Rev. David Davis and Jane Miles, was born abt 1741, the fifth of eight children borne to this couple. He and his brother James migrated to Anson County, North Carolina about 1762. The area into which they decided to settled was sliced off of Anson County to become Mecklenburg County, North Carolina on 6 November 1762.

John Davis married Mary Henderson, daughter of  John and Jane Henderson in 1762. Their first child, David Davis, was borne in 1763.

John was a very successful farmer owning over 680 acres of land.  He served as a Private with the 10th Regt. N. C. Continental Line January 1778. Before enlisting to serve in the 10th Regt, John Davis wrote his Will on 24 August 1777. The following is an abstract of this Last Will and Testament:   

Will of John Davis of the County of Mecklenburg; to my dearly beloved wife the third part of my moveable estate & her bed & furniture, wearing apparel; mare & saddle; my wife to live on the plantation whereon we now live during her life or widowhood; and to raise my children thereon…to my son David, land I bought of Isaac Sellers; to my son John, bought of Isaac Sellers; to my son John, 50 at his being 20 years of age, and also bound unto a good workman that can teach the

Page 19

Sadlers trade properly, my son James to pay unto my son Joseph L50, at the said Joseph being 21 years of age; Joseph to be bound unto a good workman that can teach the spinning right trade; to each of my daughters herein after named to wit Ann, Mary & Isabelle, L30; if my wife be pregnant as she thinks she is, I order & it is my will that the child be made equal with my sons if male, and to be bound to a trade; if a female, to be equal to my daughters…wife Mary Davis & Capt. James Harris of Reedy Creek, exrs. 24 Aug. 1777                                     John Davis (Seal)

Wit: Robert Harris, Jr.

William Harris

Robert Harris, Jur.                     Proved 15 April 1778

Will Book C, pp. 10-12 C. R. 065-801-14

In his Will, John Davis named his wife Mary, 4 sons, John, Joseph, James and David; 3 daughters, Ann, Mary & Isabelle and as to this element of the will (if my wife be pregnant as she thinks she is, I order & it is my will that the child be made equal) Mary was pregnant and gave birth to a daughter, Jane Davis. John Davis and his wife Mary has 4 sons and 4 daughters.  John did not lived to enjoy time with his daughter, Jane Davis.

Shortly after his discharge from the military in 1778, John was listed as deceased by May 1778.  There is some conflict here and a precise death date has not been established. The Davis Book (see footnotes) makes this statement on page 51.

"John Davis, Private, mustered 10th Regt. N. C. Cont. Line, January 1778 and DEAD May 1778." (N. C. Records.)

Brent Holcomb in his “Mecklenburg County, North Carolina Abstracts of Early Wills” on page 19 states that the Will of John Davis was Proved on  15 April 1778. For a will to be proven in a Court of Law, the testator must be deceased.

If the Last Will was indeed proven on 15 April 1778 then he most certainly had to be deceased prior to that date.

John Davis and Mary Henderson had the following children:

i. David Davis, born abt 1763.

ii. Ann Davis was born about 1765.

iii. Mary Davis, born abt 1767.

iv. James Davis, born Dec 1769.

v. John Davis Jr., born abt 1772.

vi. Isabella Davis, born abt 1774.

vii. Joseph Davis, born 20 Mar 1776, Spartanburg, Spartanburg County, South Carolina; married Nancy Terrill, bef 1800; married Sarah Wilkins, 10 Jul 1809; died 1 May 1852, Jefferson, Jackson, Georgia.

viii. Jane Davis, born abt 1778.

Related Article:

https://carolinafamilyroots.blogspot.com/2019/09/amanuensis-mondaythe-last-will-of-john.html

John Davis, Sr. & Mary Henderson are my 4th Great Grand Uncle & Aunt. 

__________________________

1. Mecklenburg County, North Carolina Abstracts of Early Wills 1763-1790 (1749-1790) by Brent H. Holcomb, C. A. L. S. ; Clearfield Company; Baltimore , MD, 1980.

2. The Davis Family in Wales and America (Davies and David) Genealogy of Morgan David of Pennsylvania by Harry Alexander Davis pub. Washington, DC, 1927. pages 50 & 51.

Last Will and Testament~Nimrod Davis

 Nimrod Davis, son of Thomas Evan Davis and Sarah Gregg was born 27 May 1799 in Charleston County, South Carolina. Nimrod moved to  Lowndes County, Mississippi sometime after his marriage to Sarah (Brownlee) Ellis about 1820. A Sons of the America Revolution Application (National SAR #60589, Newton C. Gunter) show this marriage took place on  22 February 1820 but I haven’t been able to confirm this date with an actual certificate or licensee. Sarah was a young widow with a 5-year old daughter.

Before her (Sarah)  death in August 1844 the couple would  have ten children. After Sarah’s death, Nimrod married Cynthia Carr in 1845. Nimrod wrote his Last  Will  and Testament on 26 Feb 1856. He died 12 January 1862. In his Will, he mention his wife Cynthia and his three youngest children who were still living at home. Those mentioned were:  Andrew Jackson Davis, Jackson C. Davis and Mary Davis.  Other documents show Jackson C. Davis to also be called Jason Crigler Jackson.

Transcription

Last Will and Testament of Nimrod Davis
Page 94
In the name of God, Amen
          I Nimrod Davis of the County of Lowndes and sate of Mississippi being Sound and disposing mind and memory, do make and ordain this my last will and testament hereby revoking all Wills by me her before made.
Item 1st It is mu will that when I died that my body shall be decently intered, without shoe, or ostentation, that my funeral expenses shall be economical, and gravestone pain and simple.
Item 2nd It is my will that all my just debts shall, be paid out of the fund herein after provided.
Item 3rd I give to my beloved wife for and during the time of her natural life the following negro slaves to wit, Eade and his wife Kitty, and a little negro girl named Sue about ten years old, and I also five to my wife her bed and bedstead with all the furniture belonging to the same, and my piano and carriage with a pair of mules, also her wardrobe and bureau.
Item 4th I give to my son Andrew Jackson Davis a negro girl named Frances aged about fifteen years and a negro boy named Mack aged about 5 years with the natural increase of the said Frances. Also one bed bedstead and furniture for one bed.
Item 5th I give to my son Jackson C. Davis a Negro girl named Mandy aged about eleven years with the natural increase and a negro boy named Zeck aged about 8 years also one bed bedstead and the furniture for one bed.
Item 6th I give to my Daughter Mary a Negro woman named Ruthy about 22 years old and a negro girl named Elsy nine or ten years old with their natural increase also one bed and bedstead and the furniture for one bed.
Item 7th It is my will that my executors sell all the rest and residue of my property whether -real person or mixed of whatever Nature or kind, and from the money arising from the same pay all my debts and legal liabilities, and the balance of the money arising from said sale to be divided amongst my wife and children so as to make the shares of my children with what was heretofore given to them, and what debts I have paid for any of them, equal one with another, I having in my lifetime given some of my children advancements, and paid debts for them all of which will be found in a book kept by me for that purpose the proper the property given to be estimated by the amount charged by me in said book. The entries in said book being in the handwriting of Stephen H. Brown, Esqr.
Item 8th I hereby appoint my friend Robert B. Ellis and William, B. Weant and my wife Cynthia C. Davis Executors and Executrix of this (p. 95) my last will and testament to carry the same execution.
Item 9th It is my will that after the life Estate to my wife has terminated, as given to her on Item 3rd That said property be then equally divided amongst my children or the representative of such as may at that time be dead leaving heirs of their bodied.
In Testimony whereof I have hereunto set my hand and affixed my seal this 26th day of February A.D. 1856.
                                                                   N. Davis {Seal}
Signed sealed and published in our presence and acknowledged by the testator to be his last will and testament.
                                                                   George R. Clayton
                                                                   R. W. Leigh
                                                                   J. H. Sharp
                                                                   Thos. Christian
The State of Mifsifsippi}  Probate Court
Lowndes County}          February Term 1862
Personally came this day in open court George R.Clayton and Thomas Christian whose names are signed as witnefses to the above and foregoing testament Instrument of writing, who being duly sworn depose and say that Col. Nimrod Davis Now Deceased on the 26th day of February A.D. 1856 in their presence and in the presence of Richard W. Leigh and Jacob H. Sharp did sign seal publish and declare the said instrument of writing as his last will and testament; that they the said deponents and the said Richard  W. Leigh and Jacob H. Sharp signed their names as witnefses thereto in the presence and at the request of said Deceased and in the presence of each other that the said Deceased at the time of the execution of the said Instrument of writing was as they verily believe of sound and disposing mind memory and understanding and over the age of twenty one years; and further that the said Richard W. Leigh and Jacob H.Sharp the other subscribing witnefses are officers in the Army of the Confederate States of America and at the present time beyond the limits of State of Mississippi as they the said deponents are informed and believe; and further they say not.
Sworn to and Subscribed}                           Thomas Christian
In open Court this 6th day of}                       George B. Clayton
February A. D. 1862}
Daniel Williams Clk {Seal}
By T. W. Mosly D. C.
Probate Court}
Feby Term 1862}  The within Instrument
Of writing in examined with the testimony and it is considered that the same be admitted to Probate as the last will and testament of Nimrod Davis, deceased.
                                                          Stephen H. Brown Judge of Probate

Nimrod Davis is my 3rd Cousin 4X Removed. 

______________________

Will Book 1, Page 94 & 95
Lowndes County, MS
https://www.familysearch.org/ark:/61903/3:1:3QS7-99Q6-R6VY?i=65&wc=M799-338%3A344538401%2C346299001&cc=2036959

Documenting The Death of Thomas and Rachel (Davis) Port

Thomas Port wrote his will on 22 November 1776. In March 1777, Mrs. Frances Port was issued Letters of Administration by the Court of Ordinary. In his will he left everything to his wife and after her deceased all the Real estate and half of the personal estate be sold and divided equally among the children share and share alike.

However, at probate, the Will and sanity of Thomas Port was questioned and rather than probating the Will the Ordinary Judge Burrows issued a dedimus protestatum directed to F. Britton and S. Nesmith.

dedimus potestatem-- a writ to commission a private person to perform some act in place of a judge (as to examine a witness)

Then, after the issuance of the dedimus potestatem the Judge also granted Frances Port Letters of Testamentary in March 1777.

Frances Port died in 1811 leaving her Will to be executed. The children of Thomas and Frances have left grandchildren to claim a portion of their grandparents estates. 

Her (Frances Port) death resulted in a lawsuit “Joseph Davis and others, Legatees of THOMAS PORT v. The Legatees of Mrs. FRANCES PORT” in an attempt to get the Thomas Port Will probated.

The APPEAL CASE was argued 25^th April 1815, by BLANNING for the appellants, and S. MILLER, contra.  

The court case is very interesting but the lawsuit was rejected with the following comments “ The judgment of the Ordinary upon a Will in common form cannot, after 30 years, be controverted by a petition to prove the Will in Solemn form.”

Shortly after the ruling by the Courts, Henry Davis, Jr. executed the following “DEED OF GIFT.”

DEED OF GIFT HENRY DAVIS, JUN'R TO BENJAMIN DAVIS

South Carolina}

Marion District} Know all men by these presents that I Henry Davis, Jun'r in consideration of the Affection which I have for My relation Benjamin Davis do Give & release unto the Said Benjamin Davis all my rights Title Interest & Claim which I could have In that part of Thomas Port Will left to Frances Port During her natural life according to Said Thomas Ports Will to have & to hold all Such rights Title Interest & Estate to him & To his heirs forever In Witnefs whereof I have hereunto Set my Hand & Seal this 30^th October 1817. Henry Davis Jun'r

Signed in the presence of

J. B. Godfrey

B. F. Godfrey.

South Carolina}

Marion District} Personally appeared before Me Austin Stone one of the Justices of the peace of said District John B. Godfrey who being duly sworn declareth that he saw Henry Davis Jun'r Sign & deliver the within instrument of writing for the uses and purposes therein contained and that Benj. F. Godfrey was a Subscribing Witnefs To the Same JB Godfrey. Sworn before me this 30^th Oct. 1817. Austin Stone J.P.

Marion County

Register of Deeds

Deed Book G, page 57

https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSLV-5V1P?i=464&cat=472601

We know from this lawsuit that Letters of Testamentary were issued to Mrs. Frances Port in March 1777. So, on that date we know that Thomas Port was deceased and that he died sometime before March 1777.

We know from Thomas Port Will that he wrote his Last Will and Testament on 22 November 1776.

Thus, we have narrowed Thomas Port death to have occurred between 22 Nov. 1776 and March 1777.

In the lawsuit it is stated that Frances Port died in the year 1811. The Marion County Probate Minutes for this time period makes no mention of her death.

There are 1419 trees on Ancestry that shows Thomas Port death. Of the First 70 listed there are 69 with a death date of 16 Dec 1815 and one with 1780. I will never understand why anyone would spend so much time copying information without verification and without doing the research themselves.

If you would like to read the entire lawsuit it starts on Page 197 of this link

Page 197

https://www.google.com/books/edition/Reports_of_Judicial_Decisions_in_the_Sta/_zMLAAAAYAAJ?hl=en&gbpv=1&dq=Thomas+Port+Davis+Marion+Dist,+SC&pg=PA197&printsec=frontcover

Or page 505 of this link

Page 505

https://www.google.com/books/edition/Reports_of_Judicial_Decisions_in_the_Con/UGstAQAAMAAJ?hl=en&gbpv=1&bsq=Thomas%20Port

________________________________________________

page 197

https://www.google.com/books/edition/Reports_of_Judicial_Decisions_in_the_Sta/_zMLAAAAYAAJ?hl=en&gbpv=1&dq=Thomas+Port+Davis+Marion+Dist,+SC&pg=PA197&printsec=frontcover

Page 505

https://www.google.com/books/edition/Reports_of_Judicial_Decisions_in_the_Con/UGstAQAAMAAJ?hl=en&gbpv=1&bsq=Port

SOURCE: Reports of Judicial Decisions, in the State of South Carolina From 1793 to 1816, South Carolina Courts, Joseph Brevard, Vol. III, 41 Broad Street, Charleston, SC, 1840. [Davis, et. Al. v Port]

The Last Will & Testament of Benjamin Davis, Jr.

Benjamin Davis, Jr. was born about 1754, a son of Benjamin Davis, Sr. and his wife Rachel Port. He was the third of 12 children borne to Benjamin and Rachel.

Benjamin Jr. first married Nancy Bellune about 1772. She died shortly after their marriage in 1777/78. Benjamin Jr. next married Hannah Dunham about 1779. Hannah was the daughter of Robert and Susan (Burn) Dunham.

Benjamin Jr had two children of his first wife and three from the second marriage.   He wrote his WILL on 21 April 1802. He died very son after writing his will (21 Apr. 1802) and before 2 August 1802.

2 August 1802
Proved the last will & testament of Benjamin Davis [Jr.] late of Catfish planter Deceased by the  oath of Thomas T. Wickham One of the Subscribing Witnefses ~~ At the Same time qualified William Ballune & Benjamin Davis Executors to the Same.  
https://www.familysearch.org/ark:/61903/3:1:939L-V999-KZ?i=10&wc=M6NW-96D%3A210902901%2C210902902&cc=1919417

BENJAMIN DAVIS, Jr. WILL                         

In the name of God Amen. I Benjamin Davis of South Carolina Marion District being weak in body but of Sound mind memory and understanding thanks be to Almighty God for the same  and calling to mind the mortality of man and that it is appointed with all men once to die I do make, ordain and constitute this to be my last Will and Testament form and manner following that is to say First of all. I recommend my soul unto the hands of Almighty God that gave it and my body to be buried in a decent Christian like manner at the discretion of my Executors. Once  as to what worldly goods it hath pleases Almighty God to Blefs me with I will and bequeath the same in manner following vis item I will that all my just debts and Funeral Expenses be paid and discharged.

Imprimis I lend unto my daughter Mary Davis wife of William Davis during her natural life the use of the following Negroes and their increase namely Rachel, Crifsey, Jack, Nero, and Peggy together with what  Stock kind and and <sic> household goods and furniture she hath received  in my lifetime and at her decease. I give  said Negroes namely Rachel, Crifsey, Jack, Nero, and Peggy with their increase to the lawful heirs of her body to be divided amongst them share and share alike. Item

I lend unto my Daughter Elizabeth Davis wife of Henry Davis, Jun. during her natural life the use of the following negroes and their increase namely Marceh, Silvice, Phebe, Sam and Paris with their increase together with what  Stock Kind household Goods and furniture which she hath received in my lifetime And at her decease I give the said Negroes Namely Mirceh, Selvice, Phebe, Sam and Paris with their increase to the lawful heirs of her body to be divided amongst them share and share alike.

I will that one tract of land originally containing one thousand acres lying in the Wolf Islands Granted to James Davis one hundred and twenty five acres of which tract he sold to William Baker the Remainder being Eight hundred and seventy five acres sold to Benjamin David as far Deed or Conveyance the above land to be equally divided either by sale or otherwise betwixt my two daughters Mary and Elizabeth at the discretion of my Executor.

Item I will unto my two daughters Frances and Hannah one tract of land on Settle Peedee on on <sic> the East side of said River containing Four hundred and Sixty four acres by Grant to Benjamin Davis said land bounding on lands of Anthony Sweet 

Item I will unto my son Nimrod (page 28) Davis all the Remainder of my Real Estate consisting of three tracts of land for using each other whereon I now live to him and his heirs forever.

Item I will that the remainder of my Estate herein not particular made mention of by me be Equally divided between my beloved wife Hannah Davis and her three children I have by her namely Frances Hannah and Nimrod. I will that Hannah my wife have the use of the of the fourth part of the property just above mentioned during her natural life and at her decease the said property to be divided amongst her three children namely Frances, Hannah, Nimrod Davis.

Item  I lend unto each of my  three last mentioned children namely Frances, Hannah & Nimrod Severally  the  Fourth part of the last mentioned property during their natural lives and at their decease I give said property to their lawful ifsue or heirs of their Bodies to them and their forever namely all the reminder of my Estate which is not given to my two daughter Mary and Elizabeth. Nevertheless in case other of my nice children Frances, Hannah or Nimrod should die without lawful issue the portion which leave or may receive shall return to the Survivor however of them and shall be equally divided share and share alike.

Lastly, I do hereby nominate and appoint my beloved friend Richard Godfrey, Benjamin Davis, Jun and William Bellune Executors of this my last Will and Testament hereby revoking all and every former Wills or Will by me heretofore made declaring this to be my Last Will and Testament. In Witnefs whereof I have here unto Set my hand and Seal this Twenty First day of April in the year of our Lord One Thousand eight hundred and two and in the Twenty fifth of American Independence.
Signed, Sealed, published and declared to be my last Will and Testament in the presence of
Thos T. Wickham}
Ann Dunnam}                                                                Benjamin Davis {Seal}
Robert Dunnam}
Proved before Saml Cooper Ordinary of Marion District the Second day of August in the year of our Lord One thousand eight hundred and two.

Will Book 1, pages 27 & 28
https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PT-2982-P?i=38&cat=391278

Benjamin Davis, Jr. is my 1st Cousin 6X Removed.

_________________________

[1] Last Will and Testament: https://www.familysearch.org/ark:/61903/3:1:3Q9M-C9PT-2982-P?i=38&cat=391278

[2] Probate: https://www.familysearch.org/ark:/61903/3:1:939L-V999-KZ?i=10&wc=M6NW-96D%3A210902901%2C210902902&cc=1919417

Two Books, Two Families, Two Results: Which is the Correct One?

 Who did Rachel Davis, b. ca 1802, daughter of Samuel Davis and Lucinda R. Munsey married?

In 1929, Harry Alexander Davis wrote a genealogy of the Morgan David Family and published as “The Davis Family (Davies and David) in Wales and America”.

One of the descendants of Morgan David and Catherine Howell, his wife, was a Samuel Davis, b. April 1757 in Marion, Craven District, South Carolina. Samuel Davis married Lucinda R. Munsey about 1783. They had 10 children.

Today’s focus will be on Rachel Davis, the eight child of Samuel Davis and Lucinda R. Munsey.

Harry Alexander Davis said Rachel Davis moved to Tenn. with [her] parents [in] 1818-19 and married there about 1822 James C. Davis, b 1795, Tenn., not related. He was a farmer, both living in 1850 and probably died before 1860, res. Washington Co., Tenn. They had the following children:

        i.    Ruth Davis was born on 17 Sep 1823. She died in Aug 1889 at the age of 65.
         ii.    Baxter Davis was born on 17 Apr 1826. He died in 1828 at the age of 2.
         iii.    Thomas D. Davis, born 5 Dec 1828; died 6 Mar 1893.
         iv.    Lucinda/Lucretia Davis, born 17 Apr 1831; married Benjamin F. Brown, 22 Jul 1855; died 29 Sep 1923.
         v.    Jane A. Davis, born 16 Sep 1834; died 23 Aug 1903.
         vi.    Robert S. "Robb" Davis was born on 16 Jun 1837.
         vii.   William Tilson Davis, born 22 Jul 1841; died 6 May 1928, Erwin, Tennessee.
         viii.  Margaret Davis was born about 1847.

Harry Alexander Davis said that Rachel Davis married James C. Davis, NOT RELATED.  Research in Washington County, Tennessee  shows that James C. Davis married  Rachel Tilson on 12 September 1822.

Rachel Tilson in the Tennessee, U.S., Marriage Records, 1780-2002

Name: Rachel Tilson

Gender: Female

Marriage Date: 12 Sep 1822

Marriage Place: Washington, Tennessee, USA

Spouse: James C Davis

https://www.ancestry.com/discoveryui-content/view/5805489:1169

James C. Davis and Rachel Tilson are in the 1850 Federal CENSUS for Washington County, Tennessee.

Household Member are:

“The Tilson genealogy : from Edmond Tilson at Plymouth, N E , 1638 to 1911:”  by Mercer V. Tilson published in 1911 documents the James C. Davis and Rachel Tilson Family also. On Page 167, Family 1393, the family composition in this book shows the family with the following children:

We have two Books and a Census showing the very same Children to belong to these three  families. 

We know that the same children cannot possible be the children of both couples. Notice how the children names matched those recorded for Rachel in the Harry Davis Book, The Tilson Book and the 1850 Census of Washington County, Tennessee. It’s almost a verbatim list in all cases. Also in the Census Household is Lucinda Davis who is of the correct age to be Lucinda R. Munsey Davis. We have James C. Davis b. 1795 said to be the husband of Rachel Davis and Rachel Tilson but we have only found a marriage event for the marriage of James C. Davis and Rachel Tilson. 

Another mystery is – Who is James C. Davis, b. 21 Mar 1818; d. 1849; listed in the Tilson Book?

So, did James C. Davis married Rachel Tilson or did he marry Rachel Davis?

[Author's Comments] My personal thoughts. Rachel Davis, daughter of Samuel and Lucinda did not marry James C. Davis. Rachel Davis, b. 1802 and Rachel Tilson, b. 12 June 1801 were of the same age. Samuel Davis and Lucinda Munsey did relocate to Washington County, Tennessee about 1818-1819.  Most of the data that Harry Alexander Davis recorded about this family came from Samuel Davis Revolutionary War Pension application (S39406 NC). Harry A. Davis found the 1850 Census with Lucinda Davis, age 90 and realized this could be Rachel Davis Mother. I also believe this is Rachel Davis's mother or James C. Davis' Mother-in-Law. However, I believe Rachel Davis has passed away by 1850 and the wife in the 1850 household is Rachel Tilson.

Rachel Davis daughter of Samuel and Lucinda is my 1st Cousin 5 Times Removed.

__________________________

[1] Harry Alexander Davis, The Davis Family (Davies and David) in Wales and America: genealogy of Morgan David of Pennsylvania (Washington, D.C.: H. A. Davis, 1927), page 130.

https://www.ancestry.com/search/collections/18220/

[2] Mercer Verner Tilson, The Tilson Genealogy: from Edmond Tilson at Plymouth, N. E., 1638 to 1911 (Plymouth, England: The Memorial Press, 1911), page 167.

https://www.ancestry.com/search/collections/15162/

[3] 1850 U. S. Census, Washington County, Tennessee, population schedule, Subdivision 4, Washington, Tennessee, Page: 193(Stamped); Line 35, Dwelling 1270, Family 1298, Household of James C. DAVIS; digital images, Ancestry.com (http://www.ancestry.com : viewed 16 February 2022); citing National Archives Microfilm M432 Roll 898.