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Friday, March 11, 2022

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

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